Achievemented
© 2022 Achievemented.com
LAST UPDATED: August 20, 2022
Thank you for using Achievemented!
Please read these Terms carefully. By using Achievemented or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement.
Achievemented (“Achievemented” or the “Service”) is a progress tracker app offered through the URL www.achievemented.com (we’ll refer to it as the “Website”) that allows you to purchase products and services offered to you based on characteristics about you, for example: Your age, weight and height. Achievemented has employees, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).
These Terms of Use (“Terms,” including our Privacy Policy located in our legal section) define the terms and conditions under which you’re allowed to use Achievemented, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.
In order to use Achievemented, you must:
be at least sixteen (16) years old and able to enter into contracts;
complete the registration process;
agree to the Terms; and
provide true, complete, and up to date contact information.
By using Achievemented, you represent and warrant that you meet all the requirements listed above, and that you won’t use Achievemented in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Achievemented may refuse service, close accounts of any users, and change eligibility requirements at any time at our discretion.
The Term begins when you sign up for Achievemented and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Achievemented on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You or Achievemented may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there's cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Achievemented. We may change the Website, the Service, or any features of the Service at any time.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.
Our charges for monthly plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay an incremental additional 2$ fee per day after the date of the previous payment was due, on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment for the total plus the added incremental additional fee.
You may buy Email Credits to use our Services instead of signing up for a monthly plan. This is explained on the pricing page of our Website. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and other than the monthly payment requirement, all the terms of this Agreement will still apply to you.
As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. We may update you by email if your credit card expiry date is approaching. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account after the first cycle and before the second cycle until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website. Refunds are subjected to the weekly cost of the program multiplied by 2 and not the monthly charge. You may request a review of the purchase by contacting us to verify if a refund is allowed.
Some features are offered as add-ons to your Achievemented account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons, like Supplements, are intended for particular use cases and may have additional terms or restrictions (“Additional Terms.”) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
You will respect our proprietary rights in the Website and the software used to provide Achievemented (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.
We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
Achievemented does not allow account owners who have the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
If you violate any of these rules, then we may suspend or terminate your account.
If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy by Contacting Us.
You represent and warrant that your use of Achievemented will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations, Privacy Laws, or other laws. If you’re subject to regulations and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements.
To the maximum extent permitted by law, you assume full responsibility for any complications or fees that may arise that results from your use of the Website and the Services, including any downloads or advertisements from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the material on the Website and the Service as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Achievemented for a variety of reasons, we can’t guarantee that it will meet your specific needs.
You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because of the nature of our services, we won't change these Terms for any one Member or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you or anyone on your Email distribution lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: -----, or any addresses as we may later post on the Website.
These Terms, our Privacy Policy, Acceptable Use Policy (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.
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