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lodash transform vs native reduce
(version: 0)
Comparing performance of:
lodash vs native
Created:
5 years ago
by:
Guest
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HTML Preparation code:
<script src="https://cdnjs.cloudflare.com/ajax/libs/lodash.js/4.17.4/lodash.min.js"></script>
Script Preparation code:
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"advocate_signup_page_cta_background", "trait": "color", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "#e01f7a", "enum_values": [], "split_test_id": null, "human_name": "Advocate signup page cta background", "values": [ { "value": "#e01f7a", "preview": "#e01f7a" } ], "split_test_status": null }, { "id": 22, "campaign_id": 1, "key": "advocate_signup_page_description", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Give friends {{ friend_incentive.description }} off their first order, and you'll get {{ advocate_incentive.description }} when they make a purchase.", "enum_values": [], "split_test_id": null, "human_name": "Advocate signup page description", "values": [ { "value": "Give friends {{ friend_incentive.description }} off their first order, and you'll get {{ advocate_incentive.description }} when they make a purchase.", "preview": "Give friends 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null }, { "id": 32, "campaign_id": 1, "key": "advocate_signup_page_email_placeholder", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "name@domain.com", "enum_values": [], "split_test_id": null, "human_name": "Advocate signup page email placeholder", "values": [ { "value": "name@domain.com", "preview": "name@domain.com" } ], "split_test_status": null }, { "id": 29, "campaign_id": 1, "key": "advocate_signup_page_first_name_label", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Your first name", "enum_values": [], "split_test_id": null, "human_name": "Advocate signup page first name label", "values": [ { "value": "Your first name", "preview": "Your first name" } ], "split_test_status": null }, { "id": 30, "campaign_id": 1, "key": "advocate_signup_page_first_name_placeholder", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "John", "enum_values": [], "split_test_id": null, "human_name": "Advocate signup page first name placeholder", "values": [ { "value": "John", "preview": "John" } ], "split_test_status": null }, { "id": 21, "campaign_id": 1, "key": "advocate_signup_page_headline", "trait": "string", "created_at": "2021-03-02T08:42:01.000-08:00", "updated_at": "2021-03-02T08:42:01.000-08:00", "default": "Give {{ friend_incentive.description }}, Get {{ advocate_incentive.description }}!", "enum_values": [], "split_test_id": null, "human_name": "Advocate signup page headline", "values": [ { "value": "Give {{ friend_incentive.description }}, Get {{ advocate_incentive.description }}!", "preview": "Give $5, Get $5!" } ], "split_test_status": null }, { "id": 33, "campaign_id": 1, "key": "advocate_signup_page_opt_in_checkbox", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": 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"split_test_status": null }, { "id": 51, "campaign_id": 1, "key": "campaign_font_primary", "trait": "font", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Helvetica Neue", "enum_values": [ "none", "Alegreya", "Alegreya Sans", "Archivo Narrow", "Arvo", "Bitter", "Cardo", "Chivo", "Crimson Text", "Domine", "Exo", "Fira Sans", "Inter", "Karla", "Lato", "Libre Baskerville", "Lora", "Merriweather", "Montserrat", "Neuton", "Old Standard TT", "Open Sans", "PT Serif", "Playfair Display", "Poppins", "Roboto", "Roboto Slab", "Source Sans Pro", "Source Serif Pro", "Work Sans", "Arial", "Georgia", "Helvetica Neue", "Tahoma", "Times New Roman", "Trebuchet MS", "Verdana" ], "split_test_id": null, "human_name": "Campaign font primary", "values": [ { "value": "Helvetica Neue", "preview": "Helvetica Neue" } ], "split_test_status": null }, { "id": 52, "campaign_id": 1, "key": "campaign_font_secondary", "trait": "font", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "none", "enum_values": [ "none", "Alegreya", "Alegreya Sans", "Archivo Narrow", "Arvo", "Bitter", "Cardo", "Chivo", "Crimson Text", "Domine", "Exo", "Fira Sans", "Inter", "Karla", "Lato", "Libre Baskerville", "Lora", "Merriweather", "Montserrat", "Neuton", "Old Standard TT", "Open Sans", "PT Serif", "Playfair Display", "Poppins", "Roboto", "Roboto Slab", "Source Sans Pro", "Source Serif Pro", "Work Sans", "Arial", "Georgia", "Helvetica Neue", "Tahoma", "Times New Roman", "Trebuchet MS", "Verdana" ], "split_test_id": null, "human_name": "Campaign font secondary", "values": [ { "value": "none", "preview": "none" } ], "split_test_status": null }, { "id": 66, "campaign_id": 1, "key": "campaign_layout", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Left", "enum_values": [ "Left", "Right" ], "split_test_id": null, "human_name": "Campaign layout", "values": [ { "value": "Left", "preview": "Left" } ], "split_test_status": null }, { "id": 48, "campaign_id": 1, "key": "coupon_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Coupon has been copied!", "enum_values": [], "split_test_id": null, "human_name": "Coupon share succeeded", "values": [ { "value": "Coupon has been copied!", "preview": "Coupon has been copied!" } ], "split_test_status": null }, { "id": 23, "campaign_id": 1, "key": "default_sharing_channel_emphasis", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Email", "enum_values": [ "Email", "Facebook", "Link" ], "split_test_id": null, "human_name": "Default sharing channel emphasis", "values": [ { "value": "Email", "preview": "Email" } ], "split_test_status": null }, { "id": 45, "campaign_id": 1, "key": "facebook_get_data_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error getting data from Facebook.", "enum_values": [], "split_test_id": null, "human_name": "Facebook get data failed", "values": [ { "value": "Error getting data from Facebook.", "preview": "Error getting data from Facebook." } ], "split_test_status": null }, { "id": 46, "campaign_id": 1, "key": "facebook_login_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "There is an error in logging you into this application via Facebook. Please try again.", "enum_values": [], "split_test_id": null, "human_name": "Facebook login failed", "values": [ { "value": "There is an error in logging you into this application via Facebook. Please try again.", "preview": "There is an error in logging you into this application via Facebook. Please try again." } ], "split_test_status": null }, { "id": 40, "campaign_id": 1, "key": "footer_powered_by", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Powered by", "enum_values": [], "split_test_id": null, "human_name": "Footer powered by", "values": [ { "value": "Powered by", "preview": "Powered by" } ], "split_test_status": null }, { "id": 49, "campaign_id": 1, "key": "invalid_email", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: please enter your valid email address", "enum_values": [], "split_test_id": null, "human_name": "Invalid email", "values": [ { "value": "Error: please enter your valid email address", "preview": "Error: please enter your valid email address" } ], "split_test_status": null }, { "id": 47, "campaign_id": 1, "key": "link_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Link has been copied!", "enum_values": [], "split_test_id": null, "human_name": "Link share succeeded", "values": [ { "value": "Link has been copied!", "preview": "Link has been copied!" } ], "split_test_status": null }, { "id": 42, "campaign_id": 1, "key": "offer_terms", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">{{ site_setup.name }} Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p>Thank you for participating in {{ site_setup.name }}’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with {{ site_setup.name }}. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with {{ site_setup.name }}. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with {{ site_setup.name }} (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with {{ site_setup.name }}, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with {{ site_setup.name }} or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to {{ site_setup.name }}, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by {{ site_setup.name }}, in its sole discretion. Advocates may not earn more than {{ site_setup.fraud_policies.limit_rds_month }} Rewards in 30 days\n or more than {{ site_setup.fraud_policies.limit_rds_total }} Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from {{ site_setup.name }} if they make their Qualifying Purchase using your personalized link. {{ site_setup.name }}, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>{{ site_setup.name }} reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, {{ site_setup.name }} reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and {{ site_setup.name }}. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>", "enum_values": [], "split_test_id": null, "human_name": "Offer terms", "values": [ { "value": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">{{ site_setup.name }} Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p>Thank you for participating in {{ site_setup.name }}’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with {{ site_setup.name }}. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with {{ site_setup.name }}. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with {{ site_setup.name }} (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with {{ site_setup.name }}, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with {{ site_setup.name }} or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to {{ site_setup.name }}, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by {{ site_setup.name }}, in its sole discretion. Advocates may not earn more than {{ site_setup.fraud_policies.limit_rds_month }} Rewards in 30 days\n or more than {{ site_setup.fraud_policies.limit_rds_total }} Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from {{ site_setup.name }} if they make their Qualifying Purchase using your personalized link. {{ site_setup.name }}, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>{{ site_setup.name }} reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, {{ site_setup.name }} reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and {{ site_setup.name }}. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>", "preview": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">pavel Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: Mar 02, 2021\n </p>\n <p>Thank you for participating in pavel’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with pavel. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with pavel. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with pavel (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with pavel, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with pavel or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to pavel, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by pavel, in its sole discretion. Advocates may not earn more than 30 Rewards in 30 days\n or more than 1000 Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from pavel if they make their Qualifying Purchase using your personalized link. pavel, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>pavel reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, pavel reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and pavel. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:support@talkable.com\">support@talkable.com</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>" } ], "split_test_status": null }, { "id": 41, "campaign_id": 1, "key": "popup_close_cta_aria_label", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Close", "enum_values": [], "split_test_id": null, "human_name": "Popup close cta aria label", "values": [ { "value": "Close", "preview": "Close" } ], "split_test_status": null }, { "id": 39, "campaign_id": 1, "key": "privacy_policy", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Privacy Policy", "enum_values": [], "split_test_id": null, "human_name": "Privacy policy", "values": [ { "value": "Privacy Policy", "preview": "Privacy Policy" } ], "split_test_status": null }, { "id": 44, "campaign_id": 1, "key": "request_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: something isn’t right. Please try again.", "enum_values": [], "split_test_id": null, "human_name": "Request failed", "values": [ { "value": "Error: something isn’t right. Please try again.", "preview": "Error: something isn’t right. Please try again." } ], "split_test_status": null }, { "id": 36, "campaign_id": 1, "key": "signup_page_facebook_cta", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Facebook", "enum_values": [], "split_test_id": null, "human_name": "Signup page facebook cta", "values": [ { "value": "Facebook", "preview": "Facebook" } ], "split_test_status": null }, { "id": 37, "campaign_id": 1, "key": "signup_page_google_cta", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Google", "enum_values": [], "split_test_id": null, "human_name": "Signup page google cta", "values": [ { "value": "Google", "preview": "Google" } ], "split_test_status": null }, { "id": 43, "campaign_id": 1, "key": "talkable_terms_of_service", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of {{ site_setup.name }} (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the {{ site_setup.name }} Offer Terms. You understand and agree that the {{ site_setup.name }} Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the {{ site_setup.name }} Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the {{ site_setup.name }}’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>", "enum_values": [], "split_test_id": null, "human_name": "Talkable terms of service", "values": [ { "value": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of {{ site_setup.name }} (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the {{ site_setup.name }} Offer Terms. You understand and agree that the {{ site_setup.name }} Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the {{ site_setup.name }} Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the {{ site_setup.name }}’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>", "preview": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: Mar 02, 2021\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:platform@talkable.com\">platform@talkable.com</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:platform@talkable.com\">platform@talkable.com</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of pavel (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the pavel Offer Terms. You understand and agree that the pavel Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the pavel Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the pavel’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:support@talkable.com\">support@talkable.com</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>" } ], "split_test_status": null }, { "id": 38, "campaign_id": 1, "key": "terms_of_service", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Terms of Service", "enum_values": [], "split_test_id": null, "human_name": "Terms of service", "values": [ { "value": "Terms of Service", "preview": "Terms of Service" } ], "split_test_status": null }, { "id": 86, "campaign_id": 1, "key": "advocate_share_page_action_email", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Share via Email", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page action email", "values": [ { "value": "Share via Email", "preview": "Share via Email" } ], "split_test_status": null }, { "id": 125, "campaign_id": 1, "key": "advocate_share_page_action_email_mobile", "trait": "message", "created_at": "2021-03-02T08:42:03.000-08:00", "updated_at": "2021-03-02T08:42:03.000-08:00", "default": "Share via Email", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page action email mobile", "values": [ { "value": "Share via Email", "preview": "Share via Email" } ], "split_test_status": null }, { "id": 87, "campaign_id": 1, "key": "advocate_share_page_action_facebook", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Share on Facebook", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page action facebook", "values": [ { "value": "Share on Facebook", "preview": "Share on Facebook" } ], "split_test_status": null }, { "id": 88, "campaign_id": 1, "key": "advocate_share_page_action_link", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Share by Link", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page action link", "values": [ { "value": "Share by Link", "preview": "Share by Link" } ], "split_test_status": null }, { "id": 114, "campaign_id": 1, "key": "advocate_share_page_background", "trait": "asset", "created_at": "2021-03-02T08:42:03.000-08:00", "updated_at": "2021-03-02T08:42:03.000-08:00", "default": "tkbl_default_advocate-signup-share-background.jpg", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page background", "values": [ { "value": "tkbl_default_advocate-signup-share-background.jpg", "preview": "https://curebit-development.s3.amazonaws.com/static_assets/files/11/original/tkbl_default_advocate-signup-share-background.jpg?localization_key=advocate_share_page_background" } ], "split_test_status": null }, { "id": 113, "campaign_id": 1, "key": "advocate_share_page_background_position", "trait": "string", "created_at": "2021-03-02T08:42:03.000-08:00", "updated_at": "2021-03-02T08:42:03.000-08:00", "default": "Center Center", "enum_values": [ "Top Left", "Top Center", "Top Right", "Center Left", "Center Center", "Center Right", "Bottom Left", "Bottom Center", "Bottom Right" ], "split_test_id": null, "human_name": "Advocate share page background position", "values": [ { "value": "Center Center", "preview": "Center Center" } ], "split_test_status": null }, { "id": 112, "campaign_id": 1, "key": "advocate_share_page_background_size", "trait": "string", "created_at": "2021-03-02T08:42:03.000-08:00", "updated_at": "2021-03-02T08:42:03.000-08:00", "default": "Cover", "enum_values": [ "Cover", "Contain", "Initial" ], "split_test_id": null, "human_name": "Advocate share page background size", "values": [ { "value": "Cover", "preview": "Cover" } ], "split_test_status": null }, { "id": 115, "campaign_id": 1, "key": "advocate_share_page_button_corners", "trait": "string", "created_at": "2021-03-02T08:42:03.000-08:00", "updated_at": "2021-03-02T08:42:03.000-08:00", "default": "Square", "enum_values": [ "Square", "Rounded Corners", "Rounded sides", "Circle" ], "split_test_id": null, "human_name": "Advocate share page button corners", "values": [ { "value": "Square", "preview": "Square" } ], "split_test_status": null }, { "id": 62, "campaign_id": 1, "key": "advocate_share_page_channel_email", "trait": "boolean", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Enabled", "enum_values": [ "Enabled", "Disabled" ], "split_test_id": null, "human_name": "Advocate share page channel email", "values": [ { "value": "Enabled", "preview": true } ], "split_test_status": null }, { "id": 65, "campaign_id": 1, "key": "advocate_share_page_channel_link", "trait": "boolean", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Enabled", "enum_values": [ "Enabled", "Disabled" ], "split_test_id": null, "human_name": "Advocate share page channel link", "values": [ { "value": "Enabled", "preview": true } ], "split_test_status": null }, { "id": 78, "campaign_id": 1, "key": "advocate_share_page_channel_sms", "trait": "boolean", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Enabled", "enum_values": [ "Enabled", "Disabled" ], "split_test_id": null, "human_name": "Advocate share page channel SMS", "values": [ { "value": "Enabled", "preview": true } ], "split_test_status": null }, { "id": 63, "campaign_id": 1, "key": "advocate_share_page_channel_twitter", "trait": "boolean", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Disabled", "enum_values": [ "Enabled", "Disabled" ], "split_test_id": null, "human_name": "Advocate share page channel twitter", "values": [ { "value": "Disabled", "preview": false } ], "split_test_status": null }, { "id": 64, "campaign_id": 1, "key": "advocate_share_page_channel_whatsapp", "trait": "boolean", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Disabled", "enum_values": [ "Enabled", "Disabled" ], "split_test_id": null, "human_name": "Advocate share page channel whatsapp", "values": [ { "value": "Disabled", "preview": false } ], "split_test_status": null }, { "id": 126, "campaign_id": 1, "key": "advocate_share_page_delimiter", "trait": "message", "created_at": "2021-03-02T08:42:03.000-08:00", "updated_at": "2021-03-02T08:42:03.000-08:00", "default": "or share with", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page delimiter", "values": [ { "value": "or share with", "preview": "or share with" } ], "split_test_status": null }, { "id": 60, "campaign_id": 1, "key": "advocate_share_page_description", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Give friends {{ friend_incentive.description }} off their first order, and you'll get {{ advocate_incentive.description }} when they make a purchase.", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page description", "values": [ { "value": "Give friends {{ friend_incentive.description }} off their first order, and you'll get {{ advocate_incentive.description }} when they make a purchase.", "preview": "Give friends $5 off their first order, and you'll get $5 when they make a purchase." } ], "split_test_status": null }, { "id": 85, "campaign_id": 1, "key": "advocate_share_page_disclaimer", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-09T08:28:34.000-08:00", "default": "Offer valid only for new customers.", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page disclaimer", "values": [ { "value": "Offer valid only for new customers.", "preview": "Offer valid only for new customers." } ], "split_test_status": null }, { "id": 107, "campaign_id": 1, "key": "advocate_share_page_email_button_background", "trait": "color", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "#e01f7a", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email button background", "values": [ { "value": "#e01f7a", "preview": "#e01f7a" } ], "split_test_status": null }, { "id": 98, "campaign_id": 1, "key": "advocate_share_page_email_sharing_cta", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Send Email", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing cta", "values": [ { "value": "Send Email", "preview": "Send Email" } ], "split_test_status": null }, { "id": 94, "campaign_id": 1, "key": "advocate_share_page_email_sharing_label_note", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Note", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing label note", "values": [ { "value": "Note", "preview": "Note" } ], "split_test_status": null }, { "id": 91, "campaign_id": 1, "key": "advocate_share_page_email_sharing_label_placeholder_no_multifields", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "name@domain.com, name2@domain.com, ...", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing label placeholder no multifields", "values": [ { "value": "name@domain.com, name2@domain.com, ...", "preview": "name@domain.com, name2@domain.com, ..." } ], "split_test_status": null }, { "id": 90, "campaign_id": 1, "key": "advocate_share_page_email_sharing_label_recipient", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Friend's emails (required)", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing label recipient", "values": [ { "value": "Friend's emails (required)", "preview": "Friend's emails (required)" } ], "split_test_status": null }, { "id": 96, "campaign_id": 1, "key": "advocate_share_page_email_sharing_label_reminder_relative_date", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Send my friends a reminder e‑mail in", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing label reminder relative date", "values": [ { "value": "Send my friends a reminder e‑mail in", "preview": "Send my friends a reminder e‑mail in" } ], "split_test_status": null }, { "id": 92, "campaign_id": 1, "key": "advocate_share_page_email_sharing_label_subject", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Subject", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing label subject", "values": [ { "value": "Subject", "preview": "Subject" } ], "split_test_status": null }, { "id": 93, "campaign_id": 1, "key": "advocate_share_page_email_sharing_label_subject_placeholder", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Enter subject", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing label subject placeholder", "values": [ { "value": "Enter subject", "preview": "Enter subject" } ], "split_test_status": null }, { "id": 89, "campaign_id": 1, "key": "advocate_share_page_email_sharing_subtitle", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Email will be sent from", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page email sharing subtitle", "values": [ { "value": "Email will be sent from", "preview": "Email will be sent from" } ], "split_test_status": null }, { "id": 108, "campaign_id": 1, "key": "advocate_share_page_facebook_button_background", "trait": "color", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "#3b5998", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page facebook button background", "values": [ { "value": "#3b5998", "preview": "#3b5998" } ], "split_test_status": null }, { "id": 109, "campaign_id": 1, "key": "advocate_share_page_facebook_message_button_background", "trait": "color", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "#0074E1", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page facebook message button background", "values": [ { "value": "#0074E1", "preview": "#0074e1" } ], "split_test_status": null }, { "id": 67, "campaign_id": 1, "key": "advocate_share_page_facebook_sharing", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Wall Post", "enum_values": [ "Wall Post", "Direct Message", "Both", "Disabled" ], "split_test_id": null, "human_name": "Advocate share page facebook sharing", "values": [ { "value": "Wall Post", "preview": "Wall Post" } ], "split_test_status": null }, { "id": 59, "campaign_id": 1, "key": "advocate_share_page_headline", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Give {{ friend_incentive.description }}, Get {{ advocate_incentive.description }}!", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page headline", "values": [ { "value": "Give {{ friend_incentive.description }}, Get {{ advocate_incentive.description }}!", "preview": "Give $5, Get $5!" } ], "split_test_status": null }, { "id": 57, "campaign_id": 1, "key": "advocate_share_page_layout", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Equal emphasis", "enum_values": [ "Equal emphasis", "Email emphasis" ], "split_test_id": null, "human_name": "Advocate share page layout", "values": [ { "value": "Equal emphasis", "preview": "Equal emphasis" } ], "split_test_status": null }, { "id": 83, "campaign_id": 1, "key": "advocate_share_page_link_sharing_cta", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Copy Link", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page link sharing cta", "values": [ { "value": "Copy Link", "preview": "Copy Link" } ], "split_test_status": null }, { "id": 79, "campaign_id": 1, "key": "advocate_share_page_link_sharing_popup_title", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Share Link", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page link sharing popup title", "values": [ { "value": "Share Link", "preview": "Share Link" } ], "split_test_status": null }, { "id": 84, "campaign_id": 1, "key": "advocate_share_page_link_sharing_tip", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "You can share it on Twitter, with instant messengers, send in SMS or just tell a friend.", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page link sharing tip", "values": [ { "value": "You can share it on Twitter, with instant messengers, send in SMS or just tell a friend.", "preview": "You can share it on Twitter, with instant messengers, send in SMS or just tell a friend." } ], "split_test_status": null }, { "id": 80, "campaign_id": 1, "key": "advocate_share_page_link_sharing_title", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Here is your personal link", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page link sharing title", "values": [ { "value": "Here is your personal link", "preview": "Here is your personal link" } ], "split_test_status": null }, { "id": 58, "campaign_id": 1, "key": "advocate_share_page_multi_email_fields_count", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "None", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page multi email fields count", "values": [ { "value": "None", "preview": "None" } ], "split_test_status": null }, { "id": 97, "campaign_id": 1, "key": "advocate_share_page_reminder_aria_label", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Send my friends a reminder e‑mail in 3 days", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page reminder aria label", "values": [ { "value": "Send my friends a reminder e‑mail in 3 days", "preview": "Send my friends a reminder e‑mail in 3 days" } ], "split_test_status": null }, { "id": 111, "campaign_id": 1, "key": "advocate_share_page_share_by_link_button_background", "trait": "color", "created_at": "2021-03-02T08:42:03.000-08:00", "updated_at": "2021-03-02T08:42:03.000-08:00", "default": "#2e0653", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page share by link button background", "values": [ { "value": "#2e0653", "preview": "#2e0653" } ], "split_test_status": null }, { "id": 110, "campaign_id": 1, "key": "advocate_share_page_twitter_button_background", "trait": "color", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "#264A9D", "enum_values": [], "split_test_id": null, "human_name": "Advocate share page twitter button background", "values": [ { "value": "#264A9D", "preview": "#264a9d" } ], "split_test_status": null }, { "id": 28, "campaign_id": 1, "key": "advocate_signup_page_preheader", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Refer a Friend", "enum_values": [], "split_test_id": null, "human_name": "Advocate signup page preheader", "values": [ { "value": "Refer a Friend", "preview": "Refer a Friend" } ], "split_test_status": null }, { "id": 27, "campaign_id": 1, "key": "automatic_font_sizing", "trait": "boolean", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Enabled", "enum_values": [ "Enabled", "Disabled" ], "split_test_id": null, "human_name": "Automatic font sizing", "values": [ { "value": "Enabled", "preview": true } ], "split_test_status": null }, { "id": 51, "campaign_id": 1, "key": "campaign_font_primary", "trait": "font", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Helvetica Neue", "enum_values": [ "none", "Alegreya", "Alegreya Sans", "Archivo Narrow", "Arvo", "Bitter", "Cardo", "Chivo", "Crimson Text", "Domine", "Exo", "Fira Sans", "Inter", "Karla", "Lato", "Libre Baskerville", "Lora", "Merriweather", "Montserrat", "Neuton", "Old Standard TT", "Open Sans", "PT Serif", "Playfair Display", "Poppins", "Roboto", "Roboto Slab", "Source Sans Pro", "Source Serif Pro", "Work Sans", "Arial", "Georgia", "Helvetica Neue", "Tahoma", "Times New Roman", "Trebuchet MS", "Verdana" ], "split_test_id": null, "human_name": "Campaign font primary", "values": [ { "value": "Helvetica Neue", "preview": "Helvetica Neue" } ], "split_test_status": null }, { "id": 52, "campaign_id": 1, "key": "campaign_font_secondary", "trait": "font", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "none", "enum_values": [ "none", "Alegreya", "Alegreya Sans", "Archivo Narrow", "Arvo", "Bitter", "Cardo", "Chivo", "Crimson Text", "Domine", "Exo", "Fira Sans", "Inter", "Karla", "Lato", "Libre Baskerville", "Lora", "Merriweather", "Montserrat", "Neuton", "Old Standard TT", "Open Sans", "PT Serif", "Playfair Display", "Poppins", "Roboto", "Roboto Slab", "Source Sans Pro", "Source Serif Pro", "Work Sans", "Arial", "Georgia", "Helvetica Neue", "Tahoma", "Times New Roman", "Trebuchet MS", "Verdana" ], "split_test_id": null, "human_name": "Campaign font secondary", "values": [ { "value": "none", "preview": "none" } ], "split_test_status": null }, { "id": 66, "campaign_id": 1, "key": "campaign_layout", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Left", "enum_values": [ "Left", "Right" ], "split_test_id": null, "human_name": "Campaign layout", "values": [ { "value": "Left", "preview": "Left" } ], "split_test_status": null }, { "id": 82, "campaign_id": 1, "key": "click_to_copy", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Click to copy", "enum_values": [], "split_test_id": null, "human_name": "Click to copy", "values": [ { "value": "Click to copy", "preview": "Click to copy" } ], "split_test_status": null }, { "id": 81, "campaign_id": 1, "key": "copied", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Copied!", "enum_values": [], "split_test_id": null, "human_name": "Copied", "values": [ { "value": "Copied!", "preview": "Copied!" } ], "split_test_status": null }, { "id": 48, "campaign_id": 1, "key": "coupon_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Coupon has been copied!", "enum_values": [], "split_test_id": null, "human_name": "Coupon share succeeded", "values": [ { "value": "Coupon has been copied!", "preview": "Coupon has been copied!" } ], "split_test_status": null }, { "id": 61, "campaign_id": 1, "key": "date_format_language", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "en", "enum_values": [ "af", "ar", "az", "be", "bg", "bn", "bs", "ca", "cs", "cy", "da", "de", "de-AT", "de-CH", "de-DE", "el", "el-CY", "en", "en-AU", "en-CA", "en-CY", "en-GB", "en-IE", "en-IN", "en-NZ", "en-US", "en-ZA", "eo", "es", "es-419", "es-AR", "es-CL", "es-CO", "es-CR", "es-EC", "es-ES", "es-MX", "es-NI", "es-PA", "es-PE", "es-US", "es-VE", "et", "eu", "fa", "fi", "fr", "fr-CA", "fr-CH", "fr-FR", "gl", "he", "hi", "hi-IN", "hr", "hu", "id", "is", "it", "it-CH", "ja", "ka", "km", "kn", "ko", "lb", "lo", "lt", "lv", "mg", "mk", "ml", "mn", "mr-IN", "ms", "nb", "ne", "nl", "nn", "oc", "or", "pa", "pl", "pt", "pt-BR", "rm", "ro", "ru", "sk", "sl", "sq", "sr", "sv", "sv-SE", "sw", "ta", "te", "th", "tl", "tr", "tt", "ug", "uk", "ur", "uz", "vi", "wo", "zh-CN", "zh-HK", "zh-TW", "zh-YUE" ], "split_test_id": null, "human_name": "Date format language", "values": [ { "value": "en", "preview": "en" } ], "split_test_status": null }, { "id": 23, "campaign_id": 1, "key": "default_sharing_channel_emphasis", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Email", "enum_values": [ "Email", "Facebook", "Link" ], "split_test_id": null, "human_name": "Default sharing channel emphasis", "values": [ { "value": "Email", "preview": "Email" } ], "split_test_status": null }, { "id": 105, "campaign_id": 1, "key": "email_share_failed_no_recipient", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: no email address entered. Please try again.", "enum_values": [], "split_test_id": null, "human_name": "Email share failed no recipient", "values": [ { "value": "Error: no email address entered. Please try again.", "preview": "Error: no email address entered. Please try again." } ], "split_test_status": null }, { "id": 103, "campaign_id": 1, "key": "email_share_failed_previous", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: you have already shared with %emails%", "enum_values": [], "split_test_id": null, "human_name": "Email share failed previous", "values": [ { "value": "Error: you have already shared with %emails%", "preview": "Error: you have already shared with %emails%" } ], "split_test_status": null }, { "id": 104, "campaign_id": 1, "key": "email_share_failed_unqualified", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: we are unable to deliver an email to %emails%", "enum_values": [], "split_test_id": null, "human_name": "Email share failed unqualified", "values": [ { "value": "Error: we are unable to deliver an email to %emails%", "preview": "Error: we are unable to deliver an email to %emails%" } ], "split_test_status": null }, { "id": 102, "campaign_id": 1, "key": "email_share_limit_exceeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: you have reached a weekly limit of 50 emails. No more emails can be sent this week.", "enum_values": [], "split_test_id": null, "human_name": "Email share limit exceeded", "values": [ { "value": "Error: you have reached a weekly limit of 50 emails. No more emails can be sent this week.", "preview": "Error: you have reached a weekly limit of 50 emails. No more emails can be sent this week." } ], "split_test_status": null }, { "id": 101, "campaign_id": 1, "key": "email_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Sent successfully", "enum_values": [], "split_test_id": null, "human_name": "Email share succeeded", "values": [ { "value": "Sent successfully", "preview": "Sent successfully" } ], "split_test_status": null }, { "id": 45, "campaign_id": 1, "key": "facebook_get_data_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error getting data from Facebook.", "enum_values": [], "split_test_id": null, "human_name": "Facebook get data failed", "values": [ { "value": "Error getting data from Facebook.", "preview": "Error getting data from Facebook." } ], "split_test_status": null }, { "id": 46, "campaign_id": 1, "key": "facebook_login_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "There is an error in logging you into this application via Facebook. Please try again.", "enum_values": [], "split_test_id": null, "human_name": "Facebook login failed", "values": [ { "value": "There is an error in logging you into this application via Facebook. Please try again.", "preview": "There is an error in logging you into this application via Facebook. Please try again." } ], "split_test_status": null }, { "id": 100, "campaign_id": 1, "key": "facebook_messenger_sharing_error", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: messenger is not installed", "enum_values": [], "split_test_id": null, "human_name": "Facebook messenger sharing error", "values": [ { "value": "Error: messenger is not installed", "preview": "Error: messenger is not installed" } ], "split_test_status": null }, { "id": 99, "campaign_id": 1, "key": "facebook_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Successfully shared on Facebook", "enum_values": [], "split_test_id": null, "human_name": "Facebook share succeeded", "values": [ { "value": "Successfully shared on Facebook", "preview": "Successfully shared on Facebook" } ], "split_test_status": null }, { "id": 40, "campaign_id": 1, "key": "footer_powered_by", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Powered by", "enum_values": [], "split_test_id": null, "human_name": "Footer powered by", "values": [ { "value": "Powered by", "preview": "Powered by" } ], "split_test_status": null }, { "id": 235, "campaign_id": 1, "key": "friend_share_email_copy", "trait": "string", "created_at": "2021-03-02T08:42:04.000-08:00", "updated_at": "2021-03-02T08:42:04.000-08:00", "default": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off your first order at {{ site_setup.name }}!", "enum_values": [], "split_test_id": null, "human_name": "Friend share email copy", "values": [ { "value": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off your first order at {{ site_setup.name }}!", "preview": "Your friend John Smith sent you $5 off your first order at pavel!" } ], "split_test_status": null }, { "id": 95, "campaign_id": 1, "key": "friend_share_email_message", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Your personal message goes here. Offer link will be inserted automatically.", "enum_values": [], "split_test_id": null, "human_name": "Friend share email message", "values": [ { "value": "Your personal message goes here. Offer link will be inserted automatically.", "preview": "Your personal message goes here. Offer link will be inserted automatically." } ], "split_test_status": null }, { "id": 7, "campaign_id": 1, "key": "friend_share_email_subject", "trait": "string", "created_at": "2021-03-02T08:42:00.000-08:00", "updated_at": "2021-03-02T08:42:00.000-08:00", "default": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off at {{ site_setup.name }}", "enum_values": [], "split_test_id": null, "human_name": "Friend share email subject", "values": [ { "value": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off at {{ site_setup.name }}", "preview": "Your friend John Smith sent you $5 off at pavel" } ], "split_test_status": null }, { "id": 47, "campaign_id": 1, "key": "link_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Link has been copied!", "enum_values": [], "split_test_id": null, "human_name": "Link share succeeded", "values": [ { "value": "Link has been copied!", "preview": "Link has been copied!" } ], "split_test_status": null }, { "id": 42, "campaign_id": 1, "key": "offer_terms", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">{{ site_setup.name }} Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p>Thank you for participating in {{ site_setup.name }}’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with {{ site_setup.name }}. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with {{ site_setup.name }}. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with {{ site_setup.name }} (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with {{ site_setup.name }}, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with {{ site_setup.name }} or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to {{ site_setup.name }}, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by {{ site_setup.name }}, in its sole discretion. Advocates may not earn more than {{ site_setup.fraud_policies.limit_rds_month }} Rewards in 30 days\n or more than {{ site_setup.fraud_policies.limit_rds_total }} Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from {{ site_setup.name }} if they make their Qualifying Purchase using your personalized link. {{ site_setup.name }}, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>{{ site_setup.name }} reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, {{ site_setup.name }} reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and {{ site_setup.name }}. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>", "enum_values": [], "split_test_id": null, "human_name": "Offer terms", "values": [ { "value": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">{{ site_setup.name }} Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p>Thank you for participating in {{ site_setup.name }}’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with {{ site_setup.name }}. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with {{ site_setup.name }}. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with {{ site_setup.name }} (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with {{ site_setup.name }}, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with {{ site_setup.name }} or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to {{ site_setup.name }}, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by {{ site_setup.name }}, in its sole discretion. Advocates may not earn more than {{ site_setup.fraud_policies.limit_rds_month }} Rewards in 30 days\n or more than {{ site_setup.fraud_policies.limit_rds_total }} Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from {{ site_setup.name }} if they make their Qualifying Purchase using your personalized link. {{ site_setup.name }}, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>{{ site_setup.name }} reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, {{ site_setup.name }} reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and {{ site_setup.name }}. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>", "preview": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">pavel Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: Mar 02, 2021\n </p>\n <p>Thank you for participating in pavel’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with pavel. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with pavel. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with pavel (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with pavel, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with pavel or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to pavel, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by pavel, in its sole discretion. Advocates may not earn more than 30 Rewards in 30 days\n or more than 1000 Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from pavel if they make their Qualifying Purchase using your personalized link. pavel, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>pavel reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, pavel reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and pavel. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:support@talkable.com\">support@talkable.com</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>" } ], "split_test_status": null }, { "id": 3, "campaign_id": 1, "key": "open_graph_description", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }}", "enum_values": [], "split_test_id": null, "human_name": "Facebook share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }}", "preview": "Get $5 off your first order at pavel" } ], "split_test_status": null }, { "id": 2, "campaign_id": 1, "key": "open_graph_title", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Special Offer for Friends", "enum_values": [], "split_test_id": null, "human_name": "Facebook share title", "values": [ { "value": "Special Offer for Friends", "preview": "Special Offer for Friends" } ], "split_test_status": null }, { "id": 41, "campaign_id": 1, "key": "popup_close_cta_aria_label", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Close", "enum_values": [], "split_test_id": null, "human_name": "Popup close cta aria label", "values": [ { "value": "Close", "preview": "Close" } ], "split_test_status": null }, { "id": 39, "campaign_id": 1, "key": "privacy_policy", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Privacy Policy", "enum_values": [], "split_test_id": null, "human_name": "Privacy policy", "values": [ { "value": "Privacy Policy", "preview": "Privacy Policy" } ], "split_test_status": null }, { "id": 44, "campaign_id": 1, "key": "request_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: something isn’t right. Please try again.", "enum_values": [], "split_test_id": null, "human_name": "Request failed", "values": [ { "value": "Error: something isn’t right. Please try again.", "preview": "Error: something isn’t right. Please try again." } ], "split_test_status": null }, { "id": 106, "campaign_id": 1, "key": "share_in_progress", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Sending...", "enum_values": [], "split_test_id": null, "human_name": "Share in progress", "values": [ { "value": "Sending...", "preview": "Sending..." } ], "split_test_status": null }, { "id": 6, "campaign_id": 1, "key": "sms_share_message", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"sms\" | claim_url }}", "enum_values": [], "split_test_id": null, "human_name": "SMS share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"sms\" | claim_url }}", "preview": "Get $5 off your first order at pavel http://www.talkable.local:3000/x/SAMPLE" } ], "split_test_status": null }, { "id": 43, "campaign_id": 1, "key": "talkable_terms_of_service", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of {{ site_setup.name }} (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the {{ site_setup.name }} Offer Terms. You understand and agree that the {{ site_setup.name }} Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the {{ site_setup.name }} Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the {{ site_setup.name }}’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>", "enum_values": [], "split_test_id": null, "human_name": "Talkable terms of service", "values": [ { "value": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of {{ site_setup.name }} (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the {{ site_setup.name }} Offer Terms. You understand and agree that the {{ site_setup.name }} Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the {{ site_setup.name }} Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the {{ site_setup.name }}’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>", "preview": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: Mar 02, 2021\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:platform@talkable.com\">platform@talkable.com</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:platform@talkable.com\">platform@talkable.com</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of pavel (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the pavel Offer Terms. You understand and agree that the pavel Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the pavel Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the pavel’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:support@talkable.com\">support@talkable.com</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>" } ], "split_test_status": null }, { "id": 38, "campaign_id": 1, "key": "terms_of_service", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Terms of Service", "enum_values": [], "split_test_id": null, "human_name": "Terms of service", "values": [ { "value": "Terms of Service", "preview": "Terms of Service" } ], "split_test_status": null }, { "id": 4, "campaign_id": 1, "key": "twitter_share_message", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"twitter\" | claim_url }}", "enum_values": [], "split_test_id": null, "human_name": "Twitter share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"twitter\" | claim_url }}", "preview": "Get $5 off your first order at pavel http://www.talkable.local:3000/x/SAMPLE" } ], "split_test_status": null }, { "id": 5, "campaign_id": 1, "key": "whatsapp_share_message", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"whatsapp\" | claim_url }}", "enum_values": [], "split_test_id": null, "human_name": "Whatsapp share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"whatsapp\" | claim_url }}", "preview": "Get $5 off your first order at pavel http://www.talkable.local:3000/x/SAMPLE" } ], "split_test_status": null }, { "id": 237, "campaign_id": 1, "key": "friend_share_email_background", "trait": "asset", "created_at": "2021-03-02T08:42:04.000-08:00", "updated_at": "2021-03-02T08:42:04.000-08:00", "default": "tkbl_default_advocate-email-background-v2.jpg", "enum_values": [], "split_test_id": null, "human_name": "Friend share email background", "values": [ { "value": "tkbl_default_advocate-email-background-v2.jpg", "preview": "https://curebit-development.s3.amazonaws.com/static_assets/files/20/original/tkbl_default_advocate-email-background-v2.jpg?localization_key=friend_share_email_background" } ], "split_test_status": null }, { "id": 239, "campaign_id": 1, "key": "friend_share_email_button", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "Claim your gift", "enum_values": [], "split_test_id": null, "human_name": "Friend share email button", "values": [ { "value": "Claim your gift", "preview": "Claim your gift" } ], "split_test_status": null }, { "id": 236, "campaign_id": 1, "key": "friend_share_email_button_background", "trait": "color", "created_at": "2021-03-02T08:42:04.000-08:00", "updated_at": "2021-03-02T08:42:04.000-08:00", "default": "#e01f7a", "enum_values": [], "split_test_id": null, "human_name": "Friend share email button background", "values": [ { "value": "#e01f7a", "preview": "#e01f7a" } ], "split_test_status": null }, { "id": 235, "campaign_id": 1, "key": "friend_share_email_copy", "trait": "string", "created_at": "2021-03-02T08:42:04.000-08:00", "updated_at": "2021-03-02T08:42:04.000-08:00", "default": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off your first order at {{ site_setup.name }}!", "enum_values": [], "split_test_id": null, "human_name": "Friend share email copy", "values": [ { "value": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off your first order at {{ site_setup.name }}!", "preview": "Your friend John Smith sent you $5 off your first order at pavel!" } ], "split_test_status": null }, { "id": 240, "campaign_id": 1, "key": "friend_share_email_footer", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "You're being emailed because your friend {{ advocate_info.email }} has shared with you. You haven't been added to any lists. This is a one time email that won't get sent again unless someone else shares with you again.", "enum_values": [], "split_test_id": null, "human_name": "Friend share email footer", "values": [ { "value": "You're being emailed because your friend {{ advocate_info.email }} has shared with you. You haven't been added to any lists. This is a one time email that won't get sent again unless someone else shares with you again.", "preview": "You're being emailed because your friend advocate@example.com has shared with you. You haven't been added to any lists. This is a one time email that won't get sent again unless someone else shares with you again." } ], "split_test_status": null }, { "id": 234, "campaign_id": 1, "key": "friend_share_email_layout", "trait": "string", "created_at": "2021-03-02T08:42:04.000-08:00", "updated_at": "2021-03-02T08:42:04.000-08:00", "default": "Header image and text", "enum_values": [ "Header image and text", "Text only" ], "split_test_id": null, "human_name": "Friend share email layout", "values": [ { "value": "Header image and text", "preview": "Header image and text" } ], "split_test_status": null }, { "id": 238, "campaign_id": 1, "key": "friend_share_email_message_prefix", "trait": "message", "created_at": "2021-03-02T08:42:04.000-08:00", "updated_at": "2021-03-02T08:42:04.000-08:00", "default": "A note from your friend {{ advocate_info.first_name }}", "enum_values": [], "split_test_id": null, "human_name": "Friend share email message prefix", "values": [ { "value": "A note from your friend {{ advocate_info.first_name }}", "preview": "A note from your friend John" } ], "split_test_status": null }, { "id": 8, "campaign_id": 1, "key": "friend_share_email_sender", "trait": "string", "created_at": "2021-03-02T08:42:00.000-08:00", "updated_at": "2021-03-02T08:42:00.000-08:00", "default": "{{ advocate_info.first_name }}", "enum_values": [], "split_test_id": null, "human_name": "Friend share email sender", "values": [ { "value": "{{ advocate_info.first_name }}", "preview": "John" } ], "split_test_status": null }, { "id": 7, "campaign_id": 1, "key": "friend_share_email_subject", "trait": "string", "created_at": "2021-03-02T08:42:00.000-08:00", "updated_at": "2021-03-02T08:42:00.000-08:00", "default": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off at {{ site_setup.name }}", "enum_values": [], "split_test_id": null, "human_name": "Friend share email subject", "values": [ { "value": "Your friend {{ advocate_info.first_name }} {{ advocate_info.last_name }} sent you {{ friend_incentive.description }} off at {{ site_setup.name }}", "preview": "Your friend John Smith sent you $5 off at pavel" } ], "split_test_status": null }, { "id": 242, "campaign_id": 1, "key": "friend_share_email_unsubscribe_link", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "unsubscribe", "enum_values": [], "split_test_id": null, "human_name": "Friend share email unsubscribe link", "values": [ { "value": "unsubscribe", "preview": "unsubscribe" } ], "split_test_status": null }, { "id": 241, "campaign_id": 1, "key": "friend_share_email_unsubscribe_message", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "To prevent receiving emails like this please", "enum_values": [], "split_test_id": null, "human_name": "Friend share email unsubscribe message", "values": [ { "value": "To prevent receiving emails like this please", "preview": "To prevent receiving emails like this please" } ], "split_test_status": null }, { "id": 9, "campaign_id": 1, "key": "friend_email_reminder_subject", "trait": "string", "created_at": "2021-03-02T08:42:00.000-08:00", "updated_at": "2021-03-02T08:42:00.000-08:00", "default": "Don't Forget - You Have {{ friend_incentive.description }} off at {{ site_setup.name }}!", "enum_values": [], "split_test_id": null, "human_name": "Friend email reminder subject", "values": [ { "value": "Don't Forget - You Have {{ friend_incentive.description }} off at {{ site_setup.name }}!", "preview": "Don't Forget - You Have $5 off at pavel!" } ], "split_test_status": null }, { "id": 238, "campaign_id": 1, "key": "friend_share_email_message_prefix", "trait": "message", "created_at": "2021-03-02T08:42:04.000-08:00", "updated_at": "2021-03-02T08:42:04.000-08:00", "default": "A note from your friend {{ advocate_info.first_name }}", "enum_values": [], "split_test_id": null, "human_name": "Friend share email message prefix", "values": [ { "value": "A note from your friend {{ advocate_info.first_name }}", "preview": "A note from your friend John" } ], "split_test_status": null }, { "id": 246, "campaign_id": 1, "key": "friend_share_email_reminder_background", "trait": "asset", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "tkbl_default_advocate-email-background-v2.jpg", "enum_values": [], "split_test_id": null, "human_name": "Friend share email reminder background", "values": [ { "value": "tkbl_default_advocate-email-background-v2.jpg", "preview": "https://curebit-development.s3.amazonaws.com/static_assets/files/20/original/tkbl_default_advocate-email-background-v2.jpg?localization_key=friend_share_email_reminder_background" } ], "split_test_status": null }, { "id": 247, "campaign_id": 1, "key": "friend_share_email_reminder_button", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "Claim your gift", "enum_values": [], "split_test_id": null, "human_name": "Friend share email reminder button", "values": [ { "value": "Claim your gift", "preview": "Claim your gift" } ], "split_test_status": null }, { "id": 245, "campaign_id": 1, "key": "friend_share_email_reminder_button_background", "trait": "color", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "#e01f7a", "enum_values": [], "split_test_id": null, "human_name": "Friend share email reminder button background", "values": [ { "value": "#e01f7a", "preview": "#e01f7a" } ], "split_test_status": null }, { "id": 244, "campaign_id": 1, "key": "friend_share_email_reminder_copy", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "You only have a few days left to claim the {{ friend_incentive.description }} off at {{ site_setup.name }} that {{ advocate_info.first_name }} {{ advocate_info.last_name }} gifted you earlier. Claim your gift and start shopping via the link below.", "enum_values": [], "split_test_id": null, "human_name": "Friend share email reminder copy", "values": [ { "value": "You only have a few days left to claim the {{ friend_incentive.description }} off at {{ site_setup.name }} that {{ advocate_info.first_name }} {{ advocate_info.last_name }} gifted you earlier. Claim your gift and start shopping via the link below.", "preview": "You only have a few days left to claim the $5 off at pavel that John Smith gifted you earlier. Claim your gift and start shopping via the link below." } ], "split_test_status": null }, { "id": 248, "campaign_id": 1, "key": "friend_share_email_reminder_footer", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "You're being emailed because your friend {{ advocate_info.email }} has shared with you. You haven't been added to any lists. This is a one time email that won't get sent again unless someone else shares with you again.", "enum_values": [], "split_test_id": null, "human_name": "Friend share email reminder footer", "values": [ { "value": "You're being emailed because your friend {{ advocate_info.email }} has shared with you. You haven't been added to any lists. This is a one time email that won't get sent again unless someone else shares with you again.", "preview": "You're being emailed because your friend advocate@example.com has shared with you. You haven't been added to any lists. This is a one time email that won't get sent again unless someone else shares with you again." } ], "split_test_status": null }, { "id": 243, "campaign_id": 1, "key": "friend_share_email_reminder_layout", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "Header image and text", "enum_values": [ "Header image and text", "Text only" ], "split_test_id": null, "human_name": "Friend share email reminder layout", "values": [ { "value": "Header image and text", "preview": "Header image and text" } ], "split_test_status": null }, { "id": 250, "campaign_id": 1, "key": "friend_share_email_reminder_unsubscribe_link", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "unsubscribe", "enum_values": [], "split_test_id": null, "human_name": "Friend share email reminder unsubscribe link", "values": [ { "value": "unsubscribe", "preview": "unsubscribe" } ], "split_test_status": null }, { "id": 249, "campaign_id": 1, "key": "friend_share_email_reminder_unsubscribe_message", "trait": "string", "created_at": "2021-03-02T08:42:05.000-08:00", "updated_at": "2021-03-02T08:42:05.000-08:00", "default": "To prevent receiving emails like this please", "enum_values": [], "split_test_id": null, "human_name": "Friend share email reminder unsubscribe message", "values": [ { "value": "To prevent receiving emails like this please", "preview": "To prevent receiving emails like this please" } ], "split_test_status": null }, { "id": 8, "campaign_id": 1, "key": "friend_share_email_sender", "trait": "string", "created_at": "2021-03-02T08:42:00.000-08:00", "updated_at": "2021-03-02T08:42:00.000-08:00", "default": "{{ advocate_info.first_name }}", "enum_values": [], "split_test_id": null, "human_name": "Friend share email sender", "values": [ { "value": "{{ advocate_info.first_name }}", "preview": "John" } ], "split_test_status": null }, { "id": 27, "campaign_id": 1, "key": "automatic_font_sizing", "trait": "boolean", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Enabled", "enum_values": [ "Enabled", "Disabled" ], "split_test_id": null, "human_name": "Automatic font sizing", "values": [ { "value": "Enabled", "preview": true } ], "split_test_status": null }, { "id": 51, "campaign_id": 1, "key": "campaign_font_primary", "trait": "font", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Helvetica Neue", "enum_values": [ "none", "Alegreya", "Alegreya Sans", "Archivo Narrow", "Arvo", "Bitter", "Cardo", "Chivo", "Crimson Text", "Domine", "Exo", "Fira Sans", "Inter", "Karla", "Lato", "Libre Baskerville", "Lora", "Merriweather", "Montserrat", "Neuton", "Old Standard TT", "Open Sans", "PT Serif", "Playfair Display", "Poppins", "Roboto", "Roboto Slab", "Source Sans Pro", "Source Serif Pro", "Work Sans", "Arial", "Georgia", "Helvetica Neue", "Tahoma", "Times New Roman", "Trebuchet MS", "Verdana" ], "split_test_id": null, "human_name": "Campaign font primary", "values": [ { "value": "Helvetica Neue", "preview": "Helvetica Neue" } ], "split_test_status": null }, { "id": 52, "campaign_id": 1, "key": "campaign_font_secondary", "trait": "font", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "none", "enum_values": [ "none", "Alegreya", "Alegreya Sans", "Archivo Narrow", "Arvo", "Bitter", "Cardo", "Chivo", "Crimson Text", "Domine", "Exo", "Fira Sans", "Inter", "Karla", "Lato", "Libre Baskerville", "Lora", "Merriweather", "Montserrat", "Neuton", "Old Standard TT", "Open Sans", "PT Serif", "Playfair Display", "Poppins", "Roboto", "Roboto Slab", "Source Sans Pro", "Source Serif Pro", "Work Sans", "Arial", "Georgia", "Helvetica Neue", "Tahoma", "Times New Roman", "Trebuchet MS", "Verdana" ], "split_test_id": null, "human_name": "Campaign font secondary", "values": [ { "value": "none", "preview": "none" } ], "split_test_status": null }, { "id": 82, "campaign_id": 1, "key": "click_to_copy", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Click to copy", "enum_values": [], "split_test_id": null, "human_name": "Click to copy", "values": [ { "value": "Click to copy", "preview": "Click to copy" } ], "split_test_status": null }, { "id": 81, "campaign_id": 1, "key": "copied", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Copied!", "enum_values": [], "split_test_id": null, "human_name": "Copied", "values": [ { "value": "Copied!", "preview": "Copied!" } ], "split_test_status": null }, { "id": 48, "campaign_id": 1, "key": "coupon_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Coupon has been copied!", "enum_values": [], "split_test_id": null, "human_name": "Coupon share succeeded", "values": [ { "value": "Coupon has been copied!", "preview": "Coupon has been copied!" } ], "split_test_status": null }, { "id": 61, "campaign_id": 1, "key": "date_format_language", "trait": "string", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "en", "enum_values": [ "af", "ar", "az", "be", "bg", "bn", "bs", "ca", "cs", "cy", "da", "de", "de-AT", "de-CH", "de-DE", "el", "el-CY", "en", "en-AU", "en-CA", "en-CY", "en-GB", "en-IE", "en-IN", "en-NZ", "en-US", "en-ZA", "eo", "es", "es-419", "es-AR", "es-CL", "es-CO", "es-CR", "es-EC", "es-ES", "es-MX", "es-NI", "es-PA", "es-PE", "es-US", "es-VE", "et", "eu", "fa", "fi", "fr", "fr-CA", "fr-CH", "fr-FR", "gl", "he", "hi", "hi-IN", "hr", "hu", "id", "is", "it", "it-CH", "ja", "ka", "km", "kn", "ko", "lb", "lo", "lt", "lv", "mg", "mk", "ml", "mn", "mr-IN", "ms", "nb", "ne", "nl", "nn", "oc", "or", "pa", "pl", "pt", "pt-BR", "rm", "ro", "ru", "sk", "sl", "sq", "sr", "sv", "sv-SE", "sw", "ta", "te", "th", "tl", "tr", "tt", "ug", "uk", "ur", "uz", "vi", "wo", "zh-CN", "zh-HK", "zh-TW", "zh-YUE" ], "split_test_id": null, "human_name": "Date format language", "values": [ { "value": "en", "preview": "en" } ], "split_test_status": null }, { "id": 253, "campaign_id": 1, "key": "enable_redirect_urls", "trait": "boolean", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "No", "enum_values": [ "Yes", "No" ], "split_test_id": null, "human_name": "Enable redirect urls", "values": [ { "value": "No", "preview": false } ], "split_test_status": null }, { "id": 45, "campaign_id": 1, "key": "facebook_get_data_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error getting data from Facebook.", "enum_values": [], "split_test_id": null, "human_name": "Facebook get data failed", "values": [ { "value": "Error getting data from Facebook.", "preview": "Error getting data from Facebook." } ], "split_test_status": null }, { "id": 46, "campaign_id": 1, "key": "facebook_login_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "There is an error in logging you into this application via Facebook. Please try again.", "enum_values": [], "split_test_id": null, "human_name": "Facebook login failed", "values": [ { "value": "There is an error in logging you into this application via Facebook. Please try again.", "preview": "There is an error in logging you into this application via Facebook. Please try again." } ], "split_test_status": null }, { "id": 40, "campaign_id": 1, "key": "footer_powered_by", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Powered by", "enum_values": [], "split_test_id": null, "human_name": "Footer powered by", "values": [ { "value": "Powered by", "preview": "Powered by" } ], "split_test_status": null }, { "id": 251, "campaign_id": 1, "key": "friend_claim_page_background", "trait": "asset", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-09T08:28:43.000-08:00", "default": "tkbl_default_friend_claim_page_background.png", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page background", "values": [ { "value": "tkbl_default_friend_claim_page_background.png", "preview": "https://curebit-development.s3.amazonaws.com/static_assets/files/2/original/tkbl_default_friend_claim_page_background.png?localization_key=friend_claim_page_background" } ], "split_test_status": null }, { "id": 269, "campaign_id": 1, "key": "friend_claim_page_background_position", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Center Center", "enum_values": [ "Top Left", "Top Center", "Top Right", "Center Left", "Center Center", "Center Right", "Bottom Left", "Bottom Center", "Bottom Right" ], "split_test_id": null, "human_name": "Friend claim page background position", "values": [ { "value": "Center Center", "preview": "Center Center" } ], "split_test_status": null }, { "id": 268, "campaign_id": 1, "key": "friend_claim_page_background_size", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Cover", "enum_values": [ "Cover", "Contain", "Initial" ], "split_test_id": null, "human_name": "Friend claim page background size", "values": [ { "value": "Cover", "preview": "Cover" } ], "split_test_status": null }, { "id": 267, "campaign_id": 1, "key": "friend_claim_page_button_corners", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Square", "enum_values": [ "Square", "Rounded Corners", "Rounded sides", "Circle" ], "split_test_id": null, "human_name": "Friend claim page button corners", "values": [ { "value": "Square", "preview": "Square" } ], "split_test_status": null }, { "id": 265, "campaign_id": 1, "key": "friend_claim_page_cta_background", "trait": "color", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "#e01f7a", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page cta background", "values": [ { "value": "#e01f7a", "preview": "#e01f7a" } ], "split_test_status": null }, { "id": 252, "campaign_id": 1, "key": "friend_claim_page_disclaimer", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page disclaimer", "values": [ { "value": "", "preview": "" } ], "split_test_status": null }, { "id": 258, "campaign_id": 1, "key": "friend_claim_page_email_gating_cta", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Get my Discount", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page email gating cta", "values": [ { "value": "Get my Discount", "preview": "Get my Discount" } ], "split_test_status": null }, { "id": 257, "campaign_id": 1, "key": "friend_claim_page_email_gating_description", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Thanks to a great friend, you have a {{ friend_incentive.description }} discount to shop at {{ site_setup.name }}. Enter your email to get it:", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page email gating description", "values": [ { "value": "Thanks to a great friend, you have a {{ friend_incentive.description }} discount to shop at {{ site_setup.name }}. Enter your email to get it:", "preview": "Thanks to a great friend, you have a $5 discount to shop at pavel. Enter your email to get it:" } ], "split_test_status": null }, { "id": 256, "campaign_id": 1, "key": "friend_claim_page_email_gating_headline", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "You've got {{ friend_incentive.description }} to shop!", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page email gating headline", "values": [ { "value": "You've got {{ friend_incentive.description }} to shop!", "preview": "You've got $5 to shop!" } ], "split_test_status": null }, { "id": 280, "campaign_id": 1, "key": "friend_claim_page_email_gating_passed_cta", "trait": "string", "created_at": "2021-03-02T08:42:07.000-08:00", "updated_at": "2021-03-02T08:42:07.000-08:00", "default": "Shop Now", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page email gating passed cta", "values": [ { "value": "Shop Now", "preview": "Shop Now" } ], "split_test_status": null }, { "id": 259, "campaign_id": 1, "key": "friend_claim_page_email_gating_subscription_description", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Sign up for {{ site_setup.name }} emails", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page email gating subscription description", "values": [ { "value": "Sign up for {{ site_setup.name }} emails", "preview": "Sign up for pavel emails" } ], "split_test_status": null }, { "id": 263, "campaign_id": 1, "key": "friend_claim_page_email_label", "trait": "message", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Your email (required)", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page email label", "values": [ { "value": "Your email (required)", "preview": "Your email (required)" } ], "split_test_status": null }, { "id": 264, "campaign_id": 1, "key": "friend_claim_page_email_placeholder", "trait": "message", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "name@domain.com", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page email placeholder", "values": [ { "value": "name@domain.com", "preview": "name@domain.com" } ], "split_test_status": null }, { "id": 262, "campaign_id": 1, "key": "friend_claim_page_fixed_expired_date", "trait": "message", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Expires on", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page fixed expired date", "values": [ { "value": "Expires on", "preview": "Expires on" } ], "split_test_status": null }, { "id": 275, "campaign_id": 1, "key": "friend_claim_page_ineligible_expired_copy", "trait": "string", "created_at": "2021-03-02T08:42:07.000-08:00", "updated_at": "2021-03-02T08:42:07.000-08:00", "default": "Ask your friend {{ advocate_info.email }} to share with you again. Good luck!", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page ineligible expired copy", "values": [ { "value": "Ask your friend {{ advocate_info.email }} to share with you again. Good luck!", "preview": "Ask your friend advocate@example.com to share with you again. Good luck!" } ], "split_test_status": null }, { "id": 276, "campaign_id": 1, "key": "friend_claim_page_ineligible_expired_cta", "trait": "string", "created_at": "2021-03-02T08:42:07.000-08:00", "updated_at": "2021-03-02T08:42:07.000-08:00", "default": "Shop Now", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page ineligible expired cta", "values": [ { "value": "Shop Now", "preview": "Shop Now" } ], "split_test_status": null }, { "id": 274, "campaign_id": 1, "key": "friend_claim_page_ineligible_expired_title", "trait": "string", "created_at": "2021-03-02T08:42:07.000-08:00", "updated_at": "2021-03-02T08:42:07.000-08:00", "default": "Your offer has expired.", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page ineligible expired title", "values": [ { "value": "Your offer has expired.", "preview": "Your offer has expired." } ], "split_test_status": null }, { "id": 285, "campaign_id": 1, "key": "friend_claim_page_ineligible_self_referral_copy", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "The Refer a Friend offer is valid for your friends and not intended to be used on your own purchase.", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page ineligible self referral copy", "values": [ { "value": "The Refer a Friend offer is valid for your friends and not intended to be used on your own purchase.", "preview": "The Refer a Friend offer is valid for your friends and not intended to be used on your own purchase." } ], "split_test_status": null }, { "id": 286, "campaign_id": 1, "key": "friend_claim_page_ineligible_self_referral_cta", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "Shop now", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page ineligible self referral cta", "values": [ { "value": "Shop now", "preview": "Shop now" } ], "split_test_status": null }, { "id": 284, "campaign_id": 1, "key": "friend_claim_page_ineligible_self_referral_title", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "We're sorry", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page ineligible self referral title", "values": [ { "value": "We're sorry", "preview": "We're sorry" } ], "split_test_status": null }, { "id": 261, "campaign_id": 1, "key": "friend_claim_page_limited_time_icon_alt", "trait": "message", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Icon which means limited time remaining", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page limited time icon alt", "values": [ { "value": "Icon which means limited time remaining", "preview": "Icon which means limited time remaining" } ], "split_test_status": null }, { "id": 266, "campaign_id": 1, "key": "friend_claim_page_limited_time_message_background_color", "trait": "color", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "#98d100", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page limited time message background color", "values": [ { "value": "#98d100", "preview": "#98d100" } ], "split_test_status": null }, { "id": 254, "campaign_id": 1, "key": "friend_claim_page_new_customer_disclaimer", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Discount is valid for new customers only.", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page new customer disclaimer", "values": [ { "value": "Discount is valid for new customers only.", "preview": "Discount is valid for new customers only." } ], "split_test_status": null }, { "id": 272, "campaign_id": 1, "key": "friend_claim_page_not_new_customer_copy", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "This offer is for first time customers only.", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page not new customer copy", "values": [ { "value": "This offer is for first time customers only.", "preview": "This offer is for first time customers only." } ], "split_test_status": null }, { "id": 273, "campaign_id": 1, "key": "friend_claim_page_not_new_customer_cta", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Shop now", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page not new customer cta", "values": [ { "value": "Shop now", "preview": "Shop now" } ], "split_test_status": null }, { "id": 271, "campaign_id": 1, "key": "friend_claim_page_not_new_customer_title", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "We're sorry", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page not new customer title", "values": [ { "value": "We're sorry", "preview": "We're sorry" } ], "split_test_status": null }, { "id": 270, "campaign_id": 1, "key": "friend_claim_page_relative_expired_date", "trait": "message", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "EXPIRES_AT_DATE", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page relative expired date", "values": [ { "value": "EXPIRES_AT_DATE", "preview": "EXPIRES_AT_DATE" } ], "split_test_status": null }, { "id": 255, "campaign_id": 1, "key": "friend_claim_page_show_opt_in_checkbox", "trait": "string", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "Yes - checked", "enum_values": [ "Yes - checked", "Yes - unchecked", "No" ], "split_test_id": null, "human_name": "Friend claim page show opt in checkbox", "values": [ { "value": "Yes - checked", "preview": "Yes - checked" } ], "split_test_status": null }, { "id": 279, "campaign_id": 1, "key": "friend_claim_page_top_reward_copy", "trait": "string", "created_at": "2021-03-02T08:42:07.000-08:00", "updated_at": "2021-03-02T08:42:07.000-08:00", "default": "Here is your {{ friend_reward.incentive.description }} off coupon code:", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page top reward copy", "values": [ { "value": "Here is your {{ friend_reward.incentive.description }} off coupon code:", "preview": "Here is your off coupon code:" } ], "split_test_status": null }, { "id": 278, "campaign_id": 1, "key": "friend_claim_page_top_reward_headline", "trait": "string", "created_at": "2021-03-02T08:42:07.000-08:00", "updated_at": "2021-03-02T08:42:07.000-08:00", "default": "You've got {{ friend_reward.incentive.description }} to shop!", "enum_values": [], "split_test_id": null, "human_name": "Friend claim page top reward headline", "values": [ { "value": "You've got {{ friend_reward.incentive.description }} to shop!", "preview": "You've got to shop!" } ], "split_test_status": null }, { "id": 277, "campaign_id": 1, "key": "hide_coupon_code", "trait": "boolean", "created_at": "2021-03-02T08:42:07.000-08:00", "updated_at": "2021-03-02T08:42:07.000-08:00", "default": "No", "enum_values": [ "Yes", "No" ], "split_test_id": null, "human_name": "Hide coupon code", "values": [ { "value": "No", "preview": false } ], "split_test_status": null }, { "id": 49, "campaign_id": 1, "key": "invalid_email", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: please enter your valid email address", "enum_values": [], "split_test_id": null, "human_name": "Invalid email", "values": [ { "value": "Error: please enter your valid email address", "preview": "Error: please enter your valid email address" } ], "split_test_status": null }, { "id": 260, "campaign_id": 1, "key": "limited_time_notification_show", "trait": "boolean", "created_at": "2021-03-02T08:42:06.000-08:00", "updated_at": "2021-03-02T08:42:06.000-08:00", "default": "No", "enum_values": [ "Yes", "No" ], "split_test_id": null, "human_name": "Limited time notification show", "values": [ { "value": "No", "preview": false } ], "split_test_status": null }, { "id": 47, "campaign_id": 1, "key": "link_share_succeeded", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Link has been copied!", "enum_values": [], "split_test_id": null, "human_name": "Link share succeeded", "values": [ { "value": "Link has been copied!", "preview": "Link has been copied!" } ], "split_test_status": null }, { "id": 42, "campaign_id": 1, "key": "offer_terms", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">{{ site_setup.name }} Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p>Thank you for participating in {{ site_setup.name }}’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with {{ site_setup.name }}. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with {{ site_setup.name }}. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with {{ site_setup.name }} (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with {{ site_setup.name }}, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with {{ site_setup.name }} or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to {{ site_setup.name }}, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by {{ site_setup.name }}, in its sole discretion. Advocates may not earn more than {{ site_setup.fraud_policies.limit_rds_month }} Rewards in 30 days\n or more than {{ site_setup.fraud_policies.limit_rds_total }} Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from {{ site_setup.name }} if they make their Qualifying Purchase using your personalized link. {{ site_setup.name }}, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>{{ site_setup.name }} reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, {{ site_setup.name }} reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and {{ site_setup.name }}. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>", "enum_values": [], "split_test_id": null, "human_name": "Offer terms", "values": [ { "value": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">{{ site_setup.name }} Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p>Thank you for participating in {{ site_setup.name }}’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with {{ site_setup.name }}. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with {{ site_setup.name }}. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with {{ site_setup.name }} (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with {{ site_setup.name }}, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with {{ site_setup.name }} or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to {{ site_setup.name }}, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by {{ site_setup.name }}, in its sole discretion. Advocates may not earn more than {{ site_setup.fraud_policies.limit_rds_month }} Rewards in 30 days\n or more than {{ site_setup.fraud_policies.limit_rds_total }} Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from {{ site_setup.name }} if they make their Qualifying Purchase using your personalized link. {{ site_setup.name }}, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>{{ site_setup.name }} reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, {{ site_setup.name }} reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and {{ site_setup.name }}. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>", "preview": "<p role=\"heading\" aria-level=\"2\" id=\"termsDialogTitle\" class=\"h1 popup-title\">pavel Offer terms</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: Mar 02, 2021\n </p>\n <p>Thank you for participating in pavel’s Offer Referral Program (the “Program)! The Program allows users (the “Advocates”) to share an offer (“Offer”) by using a personalized link that Advocates share with their friends (the “Friends”). Subject to these Offer Terms, and as described below, Advocates and Friends will be able to obtain an online coupon code (“Reward”) that they can redeem with pavel. </p>\n <p>By participating in the Program, you , as an Advocate or Friend, as the case may be (collectively, “You”), agree to enter into these Offer Terms with pavel. Your participation in the Program is also subject to your consent to be bound by the Talkable Referral Program Terms of Service (below), which are entered into by and between You and Curebit Inc. d/b/a Talkable (“Talkable”).</p>\n <p>Subject to these Offer Terms and any other terms described in the offer page, the personalized links that Advocates share with their Friends will allow their Friends to obtain Rewards that they can redeem when making their first purchase order with pavel (a “Qualifying Purchase”). A Qualifying Purchase may be subject to a minimum spend. When a Friend uses an active personalized link to make his or her Qualifying Purchase with pavel, the Advocate who referred that Friend will earn their own Reward that the Advocate can use for future purchases with pavel or, if applicable, at third-party retailers. To qualify for a Reward, the Friend must be a new customer to pavel, but there is no requirement that the Advocate be a new customer. Rewards ordinarily are distributed via email after the completion of a Qualifying Purchase and after approval by pavel, in its sole discretion. Advocates may not earn more than 30 Rewards in 30 days\n or more than 1000 Rewards in total.\n Advocates may earn only one (1) Reward per Friend, regardless of the number of purchases that his or her Friends make. Rewards cannot be combined with other discount codes in a single order. To receive multiple Rewards, Advocates must introduce multiple Friends who make a Qualifying Purchase using the Advocate’s active personalized referral link. An Advocate cannot refer him or herself to earn a Reward. When sharing Rewards, Advocates must tell their Friends that Advocates will receive a reward from pavel if they make their Qualifying Purchase using your personalized link. pavel, in its sole discretion, may impose limits on how many Offers may be shared by an Advocate, as well as how frequently those Offers can be made, and Rewards may not be given if those limits are exceeded.</p>\n <p>pavel reserves the right to refuse to issue or redeem a Reward to Advocates or Friends at any time. Further, pavel reserves the right, in its sole discretion, to (i) vary any and all elements of an Offer at any time without notice to You and (ii) to prevent any individual from participating in this or future promotions. An Offer cannot be applied to previous purchases and is not redeemable for cash. You understand that although You initially participated in an Offer as a Friend, You will be considered an Advocate if You share a personalized link with your own Friends.</p>\n <p>You understand and agree that these Offer Terms are solely between You and pavel. You further understand that Talkable solely provides services that facilitate your ability to participate in the Program and share our offers with your Friends (as that term is defined below). Talkable is not involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer, and who may or may not redeem Rewards. If You wish to be removed from the Program, please contact\n <a href=\"mailto:support@talkable.com\">support@talkable.com</a>.\n AS SUCH, YOU UNDERSTAND AND AGREE THAT TALKABLE IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF PARTICIPATING IN THE PROGRAM, INCLUDING BUT NOT LIMITED TO YOUR INABILITY TO OBTAIN OR REDEEM ANY REWARDS.</p>" } ], "split_test_status": null }, { "id": 41, "campaign_id": 1, "key": "popup_close_cta_aria_label", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Close", "enum_values": [], "split_test_id": null, "human_name": "Popup close cta aria label", "values": [ { "value": "Close", "preview": "Close" } ], "split_test_status": null }, { "id": 39, "campaign_id": 1, "key": "privacy_policy", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Privacy Policy", "enum_values": [], "split_test_id": null, "human_name": "Privacy policy", "values": [ { "value": "Privacy Policy", "preview": "Privacy Policy" } ], "split_test_status": null }, { "id": 44, "campaign_id": 1, "key": "request_failed", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Error: something isn’t right. Please try again.", "enum_values": [], "split_test_id": null, "human_name": "Request failed", "values": [ { "value": "Error: something isn’t right. Please try again.", "preview": "Error: something isn’t right. Please try again." } ], "split_test_status": null }, { "id": 43, "campaign_id": 1, "key": "talkable_terms_of_service", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of {{ site_setup.name }} (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the {{ site_setup.name }} Offer Terms. You understand and agree that the {{ site_setup.name }} Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the {{ site_setup.name }} Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the {{ site_setup.name }}’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>", "enum_values": [], "split_test_id": null, "human_name": "Talkable terms of service", "values": [ { "value": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: {{ site_setup.created_at | format_date: locale: date_format_language }}\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:{{ talkable_setup.constants.platform_manager }}\">{{ talkable_setup.constants.platform_manager }}</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of {{ site_setup.name }} (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the {{ site_setup.name }} Offer Terms. You understand and agree that the {{ site_setup.name }} Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the {{ site_setup.name }} Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the {{ site_setup.name }}’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"{{ talkable_setup.urls.privacy_policy }}\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:{{ talkable_setup.constants.support_contact }}\">{{ talkable_setup.constants.support_contact }}</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>", "preview": "<p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TALKABLE REFERRAL PROGRAM</p>\n <p role=\"heading\" aria-level=\"2\" class=\"h1 popup-title\">TERMS OF SERVICE</p>\n <p class=\"h2 popup-date\">EFFECTIVE DATE: Mar 02, 2021\n </p>\n <p class=\"h2\">1. INTRODUCTION</p>\n <p>Thank you for using Talkable! These Terms of Service (“Terms”) cover your rights and obligations relating to your access and use of the Talkable website, your participation in the Talkable Referral Program (as defined below), and any other related services provided by us (collectively, the “Service”). All references to “we”, “us”, “our”, or “Talkable” refer to Curebit Inc., d/b/a Talkable, a Delaware corporation. All references to “Advocate” refer to the person referring a particular merchant offer, discount, or perk (the “Offer”) All references to “Friend” refer to the party receiving the Advocate’s referral of the Offer. All references to “you”, “your”, or “user” refers to all users of the Talkable Referral Program, whether they are Advocates or Friends. In addition to these Terms, please review the\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Talkable Privacy Policy\n </a>\n which describes our practices related to collection and use of your information to provide the Service. These Terms apply to our Privacy Policy as well and both these Terms and our Privacy Policy comply with the requirements of the EU General Data Protection Regulation (“GDPR”). By using the Service, you represent and agree that you have read, understand, and agree to be bound by both these Terms and our Privacy Policy as binding agreements.</p>\n <p>PLEASE CAREFULLY READ THESE TERMS, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.</p>\n <p>\n Do not hesitate to contact us at\n <a href=\"mailto:platform@talkable.com\">platform@talkable.com</a>\n if you have any questions or want to discuss these Terms.\n </p>\n <p class=\"h2\">2. AGE POLICY; PERMITTED USERS</p>\n <p>\n The Service is not intended to be used by children under 16 years of age. By using the Service, you represent to Talkable that you are over 16 years old and that you are legally able to enter into this Agreement. We do not knowingly collect or solicit personally identifiable information from anyone under 16; if you are under 16, please do not use or attempt to use the Services or send any personal information about yourself to us. If we learn we have collected personal information from anyone under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at\n <a href=\"mailto:platform@talkable.com\">platform@talkable.com</a>.\n </p>\n <p class=\"h2\">3. PERMITTED USE OF THE SERVICE</p>\n <p>You may only use the Service for its intended purpose. You may not use the Service for any other purpose. Any non-permitted use of the Service, as determined in our sole discretion, shall be grounds for immediate termination of these Terms and immediate termination of your use of, and access to, the Service.</p>\n <p class=\"h2\">4. OVERVIEW OF THE SERVICE</p>\n <p>Talkable allows Advocates the opportunity to refer Friends (the “Talkable Referral Program”) Offer to try the goods and/or services of pavel (the “Merchant”). In order to participate in the Talkable Referral Program, an Advocate may be required to provide us with certain Personal Data, which may include his or her name and email address. The Advocate will have the ability to share the Offer with a Friend, and this can be done in various ways, including sharing the Offer through Facebook or emailing the Offer to your Friend. Once the Offer is received by your Friend(s), your Friend(s) will have the ability to accept the Offer to purchase the Merchant’s goods and/or services. The Offer is subject to the pavel Offer Terms. You understand and agree that the pavel Offer Terms are entered into by and between you and the Merchant and that Talkable is not a party to the pavel Offer Terms.</p>\n <p>You understand that the terms of a particular Offer are governed by the pavel’s Offer Terms, which may contain restrictions imposed by the Merchant, including without limitation, a minimum spend, limits on how many times or to how many Friends an Advocate may refer an Offer, and expirations on when the Offer may be claimed. You further understand that Talkable is in no way involved in any decision pertaining to any particular Offer, including but not limited to the terms of such Offer and who may or may not redeem Rewards (as that term is defined below). As such, you understand and agree that Talkable is not liable for any damages you may suffer as a result of participating in the Program, including but not limited to your inability to obtain or redeem any Rewards. The Talkable Referral Program is subject to modification or termination at any time without notice in our sole discretion.</p>\n <p class=\"h2\">5. INFORMATION TALKABLE SHARES WITH THE MERCHANT AND THE THIRD-PARTY MERCHANTS</p>\n <p>A core aspect of the Service is to provide Advocates and Friends the best discounts and perks our merchants’ offers. To that end, Talkable will allow the Merchant to access the Personal Data of Advocates and Friends to facilitate the provision of the Offer and related services surrounding the Talkable Referral Program. Additionally, Talkable will also allow merchants other than the Merchant (the “Third-Party Merchants”) access to the Personal Data of Advocates and Friends to facilitate the provision of the services offered as part of the Talkable Referral Program, including showing Advocates and Friends promotions or offers from the Third-Party Merchants and personalizing the offer in accordance with Advocates’ and Friends’ preferences, sharing or purchase history. While the Merchant’s and the Third-Party Merchants’ use of your Personal Data is beyond our control, by agreeing to these Terms and our Privacy Policy, you do consent to Talkable sharing your Personal Data with the Merchant and the Third-Party Merchants to provide you with the services of the Talkable Referral Program. Further, you understand that the Merchant and the Third Party Merchants may not have appropriate technical and organizational safeguards in place for your Personal Data, including (1) being in a country that has adequate data privacy protections (as determined by the European Commission); (2) having in place Binding Corporate Rules; (3) being certified under the EU-US and Swiss-US Privacy Shield programs; and/or (4) having Data Processing Agreements that incorporate Standard Contractual Clauses approved by the European Commission. The Merchant and/or the Third-Party Merchants may be in countries that the European Commission has determined do not provide for an adequate level of data protection to meet the requirements under the GDPR. If the Merchant and/or the Third-Party Merchants do not have appropriate technical and organizational safeguards, you understand that there might be certain risks affecting your Personal Data, including but not limited to the fact there might not be a supervisory authority, data processing principles, and/or data subject rights in such countries that protect your Personal Data in the same way and to the same extent the principles and standards of the GDPR might. You agree that your consent to the above is our lawful basis under the GDPR for transferring your Personal Data to the Merchant and the Third-Party Merchants.</p>\n <p class=\"h2\">6. LIMITATIONS ON USE OF THE SERVICE</p>\n <p>You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the Service, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, you may not copy, sell, distribute, publish, download, or reproduce any aspect of the Service. You also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Service. Further, you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service; you agree not to access the Service in order to build a similar or competitive service; you agree not to access (or attempt to access) any of the Service by means other than through the interface that is provided by Talkable; and you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Service.</p>\n <p class=\"h2\">7. OWNERSHIP OF THE SERVICE</p>\n <p>The Service contains important and proprietary property owned by us, including software that constitutes our intellectual property and trade secrets. Nothing in these Terms shall be construed as a conveyance of any ownership right or title in or to our property. We only grant you a nonexclusive, nontransferable, non-sublicensable, and revocable license to use the Service for the purposes permitted by these Terms, and only for as long as you are permitted to access the Service.</p>\n <p class=\"h2\">8. THIRD PARTY SITES AND SERVICES</p>\n <p>Our Service may be integrated with services provided by third parties, including those of the Merchant, as part of the functionality of the Service. You understand that, except as required by GDPR, we do not have control over third parties and that such third parties are not agents of Talkable. As such, we make no guarantees about, and assume no responsibility for, the information or services provided by third parties, except to the extent required by GDPR. You acknowledge and agree that we make no representation or warranty about, and do not endorse, third party’s products or services or the information provided by third parties, whether through the Service or otherwise. Accordingly, we are not responsible for your use of any third-party product or service or any harm or losses arising from or relating to your use of any third-party products or services, except to the extent required by GDPR. You should contact the third party with any questions about their products and services. Talkable hereby disclaims and you hereby discharge, waive and release Talkable and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services. For California residents, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.</p>\n <p class=\"h2\">9. UPDATES TO THE SERVICE</p>\n <p>Talkable may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent, except to the extent required by GDPR. If you do not want such Updates, your remedy is to stop using the Service. Your continued use of the Service is your agreement to these Terms with respect to the Service.</p>\n <p class=\"h2\">10. INFORMATION YOU PROVIDE TO TALKABLE</p>\n <p>As part of the functionality of the Service we provide, you have the ability to provide us with information about yourself through the Service. The information collected by us is detailed in our\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n By providing this information, you grant us the right to use the information for the purposes described in these Terms and in our\n <a\n href=\"http://www.talkable.local:3000/privacy?utm_campaign=talkable_branding&utm_content=1&utm_source=pavel\"\n target=\"_blank\"\n >\n Privacy Policy\n </a>.\n While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content in furtherance of the Service. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide through the Service.</p>\n <p class=\"h2\">11. INTELLECTUAL PROPERTY RIGHTS OF OTHERS</p>\n <p>You may not upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of intellectual property or proprietary rights of any third parties. You represent and warrant to Talkable that you own, or have the right to use, all information that you provide on or through the Service. If you do not respect a third party’s intellectual property or proprietary rights, you are solely responsible for any violations of law.</p>\n <p class=\"h2\">12. DISCLAIMER OF WARRANTIES</p>\n <p>THE SERVICE IS PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.</p>\n <p>TALKABLE MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICE: WILL MEET YOUR REQUIREMENTS; WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TALKABLE OR THOUGH THE SERVICE SHALL CREATE ANY WARRANTY.</p>\n <p>TALKABLE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, BUSINESS, OR INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, AND TALKABLE IS NOT A PARTY TO ANY TRANSACTION BETWEEN YOU AND THIRD-PARTIES.</p>\n <p>TALKABLE MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICE, AND TALKABLE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICE.</p>\n <p class=\"h2\">13. LIMITATION OF LIABILITY</p>\n <p>Nothing in these Terms and in particular within this \"Limitation of Liability\" clause shall attempt to exclude liability that cannot be excluded under applicable law.</p>\n <p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) TALKABLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE SERVICE, EVEN IF TALKABLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) TALKABLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED $100.</p>\n <p class=\"h2\">14. INDEMNIFICATION</p>\n <p>You agree to defend, indemnify and hold harmless Talkable, its directors, officers, and agents, as well as its licensors, and suppliers from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Service, (ii) your violation of these Terms, or (iii) your violation of any law or the rights of any third party. Talkable reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Talkable and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Talkable’s prior written consent. Talkable will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.</p>\n <p class=\"h2\">15. GOVERNING LAW</p>\n <p>These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts in or for San Francisco County, California for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in these Terms.</p>\n <p class=\"h2\">16. DISPUTE RESOLUTION:</p>\n <p>\n You agree to resolve any dispute, claim, or controversy arising out of or relating to your use of the Service in the following manner. First, you and Talkable each agree to attempt in good faith to resolve the dispute informally by contacting each other by email (you can email us at\n <a href=\"mailto:support@talkable.com\">support@talkable.com</a>\n ). Second, if the dispute is not resolved through informal resolution, we both agree to attempt in good faith to resolve the dispute through mediation administered by JAMS, which shall take place in San Francisco County, California, and the costs of which shall be divided equally between you and Talkable. Third, if the dispute is not resolved through informal resolution and mediation, we both agree to participate in binding arbitration administered by JAMS, which shall take place in San Francisco County, California.\n </p>\n <p>Either you or we may bring a lawsuit solely for injunctive relief without first engaging in the dispute resolution process described above.</p>\n <p>We both agree that, in the event of arbitration, or in the event of a lawsuit as permitted by this Section or otherwise, the prevailing party shall be entitled to costs and fees (including reasonable attorneys’ fees). Arbitration pursuant to this Section shall be confidential, and neither you, nor Talkable, nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. There shall be no right or authority for any claims subject to this arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general). If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.</p>\n <p>YOU AND TALKABLE EACH HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSACTIONS CONTEMPLATED HEREBY.</p>\n <p>Nothing contained in this Section shall limit our ability to terminate, or otherwise take action related to, your account as provided in these Terms.</p>\n <p class=\"h2\">17. TERM AND TERMINATION</p>\n <p>These Terms will remain in full force and effect as long as you continue to access or use the Service, or until terminated in accordance with the provisions of these Terms. However, the provisions of these Terms that by their sense and context are intended to survive the termination of these Terms shall survive the termination.</p>\n <p class=\"h2\">18. SEVERABILITY AND WAIVER</p>\n <p>If, for whatever reason, any term or condition in these Terms is deemed unenforceable, all other terms and conditions will remain unaffected and in full force and effect. The failure to enforce any provision of these Terms is not a waiver of our right to do so later, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.</p>\n <p class=\"h2\">19. ASSIGNMENT</p>\n <p>These Terms shall be binding on the parties and their respective successors and assigns. These Terms may be assigned by Talkable without restriction. These Terms may not be assigned or otherwise transferred by you without our prior written consent.</p>\n <p class=\"h2\">20. MODIFICATIONS TO THESE TERMS</p>\n <p>Talkable reserves the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. We will always have the latest Terms posted on the Service.</p>\n <p class=\"h2\">21. HEADINGS USED IN THESE TERMS</p>\n <p>The section headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms.</p>\n <div class=\"fake-tabindex js-fake-tabindex\"></div>" } ], "split_test_status": null }, { "id": 38, "campaign_id": 1, "key": "terms_of_service", "trait": "message", "created_at": "2021-03-02T08:42:02.000-08:00", "updated_at": "2021-03-02T08:42:02.000-08:00", "default": "Terms of Service", "enum_values": [], "split_test_id": null, "human_name": "Terms of service", "values": [ { "value": "Terms of Service", "preview": "Terms of Service" } ], "split_test_status": null }, { "id": 289, "campaign_id": 1, "key": "advocate_rewards_paid_layout", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "Header image and text", "enum_values": [ "Header image and text", "Text only" ], "split_test_id": null, "human_name": "Advocate rewards paid layout", "values": [ { "value": "Header image and text", "preview": "Header image and text" } ], "split_test_status": null }, { "id": 292, "campaign_id": 1, "key": "advocate_reward_paid_email_background", "trait": "asset", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "tkbl_default_advocate-email-background-v2.jpg", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email background", "values": [ { "value": "tkbl_default_advocate-email-background-v2.jpg", "preview": "https://curebit-development.s3.amazonaws.com/static_assets/files/20/original/tkbl_default_advocate-email-background-v2.jpg?localization_key=advocate_reward_paid_email_background" } ], "split_test_status": null }, { "id": 291, "campaign_id": 1, "key": "advocate_reward_paid_email_button", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "Redeem now", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email button", "values": [ { "value": "Redeem now", "preview": "Redeem now" } ], "split_test_status": null }, { "id": 290, "campaign_id": 1, "key": "advocate_reward_paid_email_button_background", "trait": "color", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "#e01f7a", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email button background", "values": [ { "value": "#e01f7a", "preview": "#e01f7a" } ], "split_test_status": null }, { "id": 297, "campaign_id": 1, "key": "advocate_reward_paid_email_footer", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "You haven't been added to any mailing lists.", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email footer", "values": [ { "value": "You haven't been added to any mailing lists.", "preview": "You haven't been added to any mailing lists." } ], "split_test_status": null }, { "id": 20, "campaign_id": 1, "key": "advocate_reward_paid_email_sender", "trait": "string", "created_at": "2021-03-02T08:42:01.000-08:00", "updated_at": "2021-03-02T08:42:01.000-08:00", "default": "{{ site_setup.customer_service_name }}", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email sender", "values": [ { "value": "{{ site_setup.customer_service_name }}", "preview": "pavel" } ], "split_test_status": null }, { "id": 19, "campaign_id": 1, "key": "advocate_reward_paid_email_subject", "trait": "string", "created_at": "2021-03-02T08:42:01.000-08:00", "updated_at": "2021-03-02T08:42:01.000-08:00", "default": "Congrats! You've earned {{ reward.incentive.description }} at {{ site_setup.name }}.", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email subject", "values": [ { "value": "Congrats! You've earned {{ reward.incentive.description }} at {{ site_setup.name }}.", "preview": "Congrats! You've earned $5 at pavel." } ], "split_test_status": null }, { "id": 293, "campaign_id": 1, "key": "advocate_reward_paid_email_title", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "Good News! A friend you referred to {{ site_setup.name }} has made a purchase and you’ve earned {{ reward.incentive.description }}.", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email title", "values": [ { "value": "Good News! A friend you referred to {{ site_setup.name }} has made a purchase and you’ve earned {{ reward.incentive.description }}.", "preview": "Good News! A friend you referred to pavel has made a purchase and you’ve earned $5." } ], "split_test_status": null }, { "id": 296, "campaign_id": 1, "key": "advocate_reward_paid_email_title_extra", "trait": "message", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "Redeem your reward by entering the below code at checkout", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email title extra", "values": [ { "value": "Redeem your reward by entering the below code at checkout", "preview": "Redeem your reward by entering the below code at checkout" } ], "split_test_status": null }, { "id": 299, "campaign_id": 1, "key": "advocate_reward_paid_email_unsubscribe_link", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "unsubscribe", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email unsubscribe link", "values": [ { "value": "unsubscribe", "preview": "unsubscribe" } ], "split_test_status": null }, { "id": 298, "campaign_id": 1, "key": "advocate_reward_paid_email_unsubscribe_message", "trait": "string", "created_at": "2021-03-02T08:42:08.000-08:00", "updated_at": "2021-03-02T08:42:08.000-08:00", "default": "To prevent receiving emails like this please", "enum_values": [], "split_test_id": null, "human_name": "Advocate reward paid email unsubscribe message", "values": [ { "value": "To prevent receiving emails like this please", "preview": "To prevent receiving emails like this please" } ], "split_test_status": null }, { "id": 3, "campaign_id": 1, "key": "open_graph_description", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }}", "enum_values": [], "split_test_id": null, "human_name": "Facebook share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }}", "preview": "Get $5 off your first order at pavel" } ], "split_test_status": null }, { "id": 1, "campaign_id": 1, "key": "open_graph_image", "trait": "share_image", "created_at": "2021-03-02T08:41:41.000-08:00", "updated_at": "2021-03-02T08:41:41.000-08:00", "default": null, "enum_values": [], "split_test_id": null, "human_name": "Facebook share image", "values": [ { "value": "tkbl_default_share_image-v2.jpg", "preview": "https://curebit-development.s3.amazonaws.com/static_assets/files/8/original/tkbl_default_share_image-v2.jpg?localization_key=open_graph_image" } ], "split_test_status": null }, { "id": 2, "campaign_id": 1, "key": "open_graph_title", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Special Offer for Friends", "enum_values": [], "split_test_id": null, "human_name": "Facebook share title", "values": [ { "value": "Special Offer for Friends", "preview": "Special Offer for Friends" } ], "split_test_status": null }, { "id": 6, "campaign_id": 1, "key": "sms_share_message", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"sms\" | claim_url }}", "enum_values": [], "split_test_id": null, "human_name": "SMS share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"sms\" | claim_url }}", "preview": "Get $5 off your first order at pavel http://www.talkable.local:3000/x/SAMPLE" } ], "split_test_status": null }, { "id": 4, "campaign_id": 1, "key": "twitter_share_message", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"twitter\" | claim_url }}", "enum_values": [], "split_test_id": null, "human_name": "Twitter share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"twitter\" | claim_url }}", "preview": "Get $5 off your first order at pavel http://www.talkable.local:3000/x/SAMPLE" } ], "split_test_status": null }, { "id": 5, "campaign_id": 1, "key": "whatsapp_share_message", "trait": "string", "created_at": "2021-03-02T08:41:42.000-08:00", "updated_at": "2021-03-02T08:41:42.000-08:00", "default": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"whatsapp\" | claim_url }}", "enum_values": [], "split_test_id": null, "human_name": "Whatsapp share message", "values": [ { "value": "Get {{ friend_incentive.description }} off your first order at {{ site_setup.name }} {{ \"whatsapp\" | claim_url }}", "preview": "Get $5 off your first order at pavel http://www.talkable.local:3000/x/SAMPLE" } ], "split_test_status": null } ] window.localizationsBatches = [ { "campaignId": 1, "id": "34", "value": "Invite Friends3123231", "currentView": "advocate_signup_page" }, { "campaignId": 1, "id": "22", "value": "Give friends {{ friend_incentive.description }} off their first order, and you'll get {{ advocate_incentive.description }} when they make a purchase.1", "currentView": "advocate_signup_page" }, { "campaignId": 1, "id": "26", "value": "Offer valid only for new customers.1", "currentView": "advocate_signup_page" }, { "campaignId": 1, "id": "21", "value": "Give {{ friend_incentive.description }}, Get {{ advocate_incentive.description }}!1", "currentView": "advocate_signup_page" }, { "campaignId": 1, "id": "28", "value": "Refer a Friend1", "currentView": "advocate_signup_page" }, { "campaignId": 1, "id": "36", "value": "Facebook1", "currentView": "advocate_signup_page" }, { "campaignId": 1, "id": "37", "value": "Google1", "currentView": "advocate_signup_page" } ]
Tests:
lodash
const normalizedLocalizations = _.transform( localizationsBatches, (result, locale) => { if (campaignId === locale.campaignId) { let localization = allLocalizations.find( localization => Number(localization.id) === Number(locale.id), ) result.push({ id: locale.id, localization: localization.key, value: locale.value, currentView: locale.currentView, }) } }, [], ) console.log('normalizedLocalizations lodash', normalizedLocalizations)
native
const normalizedLocalizations = localizationsBatches.reduce((result, locale, index) => { if (campaignId === locale.campaignId) { let localization = allLocalizations.find( localization => Number(localization.id) === Number(locale.id), ) result.push({ id: locale.id, localization: localization.key, value: locale.value, currentView: locale.currentView, }) } return result }, []) console.log('normalizedLocalizations', normalizedLocalizations)
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lodash
native
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Autogenerated LLM Summary
(model
llama3.2:3b
, generated one year ago):
It seems like you're providing benchmarking results for two different approaches to normalizing localizations data using JavaScript. The first approach uses the `lodash` library, and the second approach is a native implementation using `Array.prototype.reduce()`. Let's analyze the results: **Lodash Approach:** * **Benchmark Definition:** The code creates an array of localizations from a batch of data and then transforms it into a normalized format. * **Test Name:** `lodash` * **Raw Benchmark Result:** ``` [ { "id": 34, "value": "Invite Friends3123231", "currentView": "advocate_signup_page" }, // ... ] ``` The benchmark result shows that the Lodash approach takes approximately 24005 executions per second. **Native Approach:** * **Benchmark Definition:** The code creates an array of localizations from a batch of data and then transforms it into a normalized format using `Array.prototype.reduce()`. * **Test Name:** `native` * **Raw Benchmark Result:** ``` [ { "id": 34, "value": "Invite Friends3123231", "currentView": "advocate_signup_page" }, // ... ] ``` The benchmark result shows that the native approach takes approximately 23870 executions per second. Based on these results, it appears that the native approach is slightly faster than the Lodash approach. However, please note that this is a relatively small difference, and other factors like system resources, compiler optimizations, or caching might affect the actual performance in production environments. In conclusion, if you're looking for a lightweight and performant solution, the native approach using `Array.prototype.reduce()` might be a better choice. But if you prefer to use a well-established library with strong community support, Lodash is still a reliable option.
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