Effective Date: 7/1/2021
ABOUT THE SERVICE
The Software as a Service (SaaS) allows you to collect your data from selected online sources for management and reporting. This is an online only solution provided through interfaces hosted by Calibrate Analytics and/or third party providers, servers, to be determined solely by Calibrate Analytics. Calibrate Analytics will choose the software, hardware and tools necessary to provide you with the services.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
If you are a user who signs up for the Service and are of the legal age of at least 18, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. During registration, you will provide login credentials to access third party apps and/or sites which Calibrate Analytics will use to read/write data from/to.
You agree to notify us immediately of any unauthorized use of your password and/or account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. Any activity on a user's account shall be the responsibility of the customer.
UNAUTHORIZED USES; RESTRICTIONS
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
- Collect or harvest any personal data of any user of the Site or the Service
- Use the Service for the solicitation of business, resell or lease in the course of trade or in connection with a commercial enterprise
- Distribute any part or parts of the Site or the Service without our explicit written permission
- Improperly access, copy, duplication, display, reverse engineer, decode or disassemble the Service
- Violate any local, federal, provincial or international laws
- Customize or modify any part of the Service
- Input any virus, malware or malicious code into the Service
- Use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose
- At our discretion, use the Service in an unreasonable manner that negatively impacts our infrastructure
- Intentionally allow another user to access your account
TERMS AND CONDITIONS
The Service agreement is without term and shall be in full force as long as your account is not terminated. You may terminate the Service agreement at any time by notifying us in writing. In case any prepayments for any following periods have been made, the Service agreement will continue until the end of such period. No refunds for any prepaid periods will be made.
A Force Majeure Event which impacts or causes any failure or performance delays will not constitute or create any liability for either party. Force Majeure events may include, but not limited to, war, material shortages, malware, denial of service, pandemics, government restrictions, terrorism or acts of God.
You will be invoiced monthly for the Service, unless otherwise agreed. Payment is a prerequisite for using the Service. Any set-up and other one-off fees are invoices as specified in the order process. We reserve the right to change the fees or introduce new fees with a notification to you, prior to the change. You agree that Calibrate Analytics has the right to process your provided form of payment via our third-party payment processor. You are responsible for all payments to include all purchase fees and taxes, no refunds will be issued. We may immediately suspend or terminate service for non-payment.
THIRD PARTY PROVIDERS
You agree that Calibrate Analytics uses third party apps, software, services and cloud infrastructure to provide the Services. You agree that Calibrate Analytics is not responsible for security, performance or availability of any external third party services and will not be held liable for any loss or damage, which might be incurred by you. Third party service providers may alter, change or discontinue service to you and/or Calibrate Analytics. In the event of third party service changes, Calibrate analytics may discontinue the use and/or availability of the Service.
You are fully responsible for the rights to access any data for gathering and processing by using the Service. Calibrate Analytics does not assume any liability for third-party services. You are responsible for understanding any use restrictions in relation to third party services and agree to comply with the applicable third party terms and conditions.
Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
You as the data controller are fully liable for any data processed using the Service. You confirm that its personal data processing practices are fully compliant with any data protection laws.
You must ensure the accuracy, correctness, completeness, relevance and its compliance with the terms and legal acts of any personal data processed by the Service.
We as the data processor process data provided by you and shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. In assessing the appropriate level of security, we shall primarily take into account the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
You declare and fully own all rights and interest to all data and information provided to Calibrate Analytics for the purpose of processing via the Service. You acknowledge that all data is acquired legally and you have the right to use, distribute, transmit and process via the Service.
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under the agreement between you and Calibrate Analytics regarding the Service, we (the company) are not responsible for consequential, special, direct, punitive, indirect or exemplary damages including without limitation, damages for loss of profits, data or other intangible losses for use of the Service. In addition, under no circumstances will Calibrate Analytics be held liable for damages arising from use or misuse or inability to use the Service. Calibrate Analytics will not be liable to you for claims under these terms or as it relates to the Service, whether in contract, tort, or otherwise.
You agree to indemnify and hold Calibrate Analytics harmless from and against all damages, losses, and expenses of any kind, including reasonable legal (attorney) fees and costs, arising out of or related to the breach of these terms by you in any way; any Customer Data entered into the Service; any activities you facilitate through the Service; and (iv) any violation by you as it pertains to any third party rights or applicable law.
These terms shall be treated and governed through the laws of the State of Texas, United States as it applies to the agreement between you and the company. All disputes will be resolved through negotiations in a friendly manner, in case of failure of which defaults to the State of Texas courts.
Calibrate Analytics has the right to assign the agreement between you and the company regarding the Service, or any of the Licensor's rights under such agreements. either in whole or in part, and the company has the right to delegate any of its obligations under such agreements. You may not assign the agreement between you and the company regarding the Service, or any of your rights under such agreements, either in whole or in part, nor sub-license any of the your rights under such agreement to any third party without prior written consent from Calibrate Analytics.