TERMS OF SERVICE
5th of March 2021
These Terms of Service (the “Terms”), order form and/or any other agreement constitutes the entire agreement (“Agreement”) between the Customer or You and 8DATA online tool (”8DATA” or “we,” “our” or “us”), regarding your use of our services specified in the Terms (the software, and services are collectively referred to as the “Service”). Please read these Terms carefully. You may authorize your employees or other individual authorized users (collectively, “Authorized Users”) to use the Service. You agree that you are fully responsible with respect to any use of the Service by an Authorized User, including any breach by an Authorized User of these Terms.
The following appendices forms an inseparable part of and is governed by the terms of these Terms of Service:
- The Service
The Service is an analytics and reporting solution that helps customers collect their online data for reporting, analysis and active data management. The Service is provided only electronically through user interfaces on third party platforms, for example through an add-in or add-on functionality, and through interfaces hosted by 8DATA.
The Service is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms, and that you have the authority to bind the Customer entity listed on the Agreement, if applicable.
- Account Registration
All Authorized Users must register to use the Service. You agree to, and cause all Authorized Users to: (a) provide accurate, current and complete information as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of, and not share with any third party, any logins, passwords, or other credentials that you or any Authorized User selects or that are provided to you or any Authorized User for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you or any Authorized User provides to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of any Authorized User account or any other breach of security by emailing us at firstname.lastname@example.org. Any activity on an Authorized User’s account shall be the sole responsibility of the Customer.
- Free Trial
We may at our sole discretion offer you free trials for selected features of the Service or a limited time trial period of the entire Service. Once your free trial period ends, your ability to access the Service will terminate. 8DATA reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice at our sole discretion.
- Fees and payment
Access to selected features of the Service may be provided to you free of charge. We will charge fees for certain features, either on a one-time or a subscription basis (“Paid Services”). 8DATA reserves the right to implement fees or change the fees for certain services at any time by providing you notice on the Service or otherwise. When you purchase any Paid Services, you authorize 8DATA or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. If 8DATA does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and 8DATA may suspend your access to the Services until full payment is received or terminate the Terms of Service. All sales are final and 8DATA will not issue refunds, including for prepaid monthly fees. If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is your responsibility. 8DATA does not refund automatic payments not cancelled in time.
- Access; Use Restrictions
8DATA hereby grants you the right to access and use the Service, subject to your compliance with these Terms at all times, including timely payment of all applicable fees. Your right to access and use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, and revocable.
Your access and use of the Service are based on the Service client, data source, data destination and usage restrictions. Access and use may be restricted to one individual, company, your 8DATA team or specific data access/usage. There may be additional restrictions, which may change from time to time, and we will use reasonable efforts to provide you with advance notice of impending changes in a timely manner. Specific written agreements for access and usage restrictions will be indicated in the Agreement and they will override these Terms.
Without limiting the generality of the foregoing, you will not, will not attempt to, and will not permit or encourage any third party to:
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain improper access to any software component of the Service, in whole or in part;
- modify or create derivative works of the Service, in whole or in part;
- use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party;
- interfere with or disrupt the integrity of the Service or any content or data contained therein or transmitted thereby;
- access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Service for any purpose without our express written permission;
- “frame”, “mirror,” sell, resell, rent, or lease any portion of the Service or otherwise incorporate any part of the Service into any other website without our prior written authorization;
- input any virus, malware, or other harmful code into the Service;
- use the Service or any 8DATA Confidential Information for benchmarking or competitive analysis with respect to competitive or related products or services or to develop, commercialize, license, or sell any product, service, or technology that could, directly or indirectly, compete with the Service; or
- Violate any applicable local, provincial national, or international law or regulation.
We may at any time suspend or terminate your or any Authorized User’s access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.
- Third-party services, data and content
7.1 The Service allows you to gather data from multiple third-party data sources and services, including various third-party websites (jointly “Third-Party Services”). The Third-Party Services from which the data can be gathered are selected by 8DATA at its sole discretion and 8DATA may, during the Term, change the Third-Party Services that are compatible with the Service. In addition, 8DATA may discontinue the compatible Third-Party Services if the applicable service providers of the Third-Party Services discontinue the relevant services or discontinue making such services available to 8DATA.
7.2 8DATA assumes no liability whatsoever for the data or other content collected from Third-Party Services, such as Facebook, Google Analytics and Google Ads. You are solely responsible for ascertaining that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service. We do not assume any liability for such Third-Party services or software, and you are exclusively responsible for obtaining any necessary licenses or consents needed for their use. You must familiarize yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such Third-Party Services and you agree to comply with the third-party terms and conditions applicable to the Third-Party Services in addition to the terms of the Agreement.
7.3 Furthermore, the Service may contain links to web pages and content of third parties as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over any third-party web pages or content. We undertake no responsibility to update or review any such web pages or third-party content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web page, third-party content or service provider to which you navigate from the Service. You access and use third-party content at your own risk.
7.4 With respect to Google services, our tools will only have rights to access your Google Analytics/Ads/YouTube data (depending on which service you are logging in to), and nothing else on your Google account. You can revoke 8DATA’ right to access your data at any point from your Google account control panel (https://security.google.com/settings/security/permissions).
- Modifications to the Service
You acknowledge that 8DATA may make modifications to the Service during the Term without prior notice to you; however, 8DATA will use reasonable efforts to notify you of any material changes to the Service in advance. In the event of material changes to the Service, 8DATA may provide further instructions to you with respect to any actions required by you in order to continue access and use of the Service, if necessary.
8DATA may engage subcontractors to perform the Service under the Agreement, provided that 8DATA remains fully liable for any actions of such subcontractors. Notwithstanding the foregoing, 8DATA shall not be liable for the acts or omissions of any of its hosting service or data communication service providers.
- Term and Termination
10.1 Your account and subscription of the Service remains in effect unless you terminate it or unless 8DATA terminates your account as provided by these Terms. Your account and subscription of the Service may, depending on your choice, be automatically renewable or valid for a fixed period. If your subscription is automatically renewable, your subscription to the Service will remain in effect and will be renewed automatically at the end of each subscription period unless you terminate your subscription or we terminate it.
If your subscription is made for a fixed period and/or not automatically renewable, your subscription will automatically terminate at the end of the agreed subscription period.
Upon the termination or expiration of the Agreement, you must immediately stop using the Service.
10.2 8DATA may terminate this Agreement or terminate or suspend any Authorized User’s access or use of the Service in the following circumstances:
(a) If Customer’s or any Authorized User’s continued use of the Service may, in 8DATA’ discretion, result in material harm to 8DATA, its subcontractors, affiliates, or another customer of the Service, 8DATA may reasonably block or restrict Customer’s access to the Service;.
(b) If Customer or any Authorized User has (i) submitted information to the Service in violation of applicable law or (ii) otherwise used the Service in breach of these Terms, including the restrictions set forth in Section 6 above;
(c) Any fees due by Customer remain unpaid fifteen (15) days after the applicable due date as set forth in the Agreement; or
(d) If Customer commits a material breach of its obligations under the Agreement and does not remedy such breach within thirty (30) days of receiving notice of breach from 8DATA.
10.3 Either party may terminate the Agreement upon written notice to the other party if the other party enters into bankruptcy, becomes insolvent or makes an assignment for the benefit of creditors.
Any feedback, comments, suggestions, ideas, or other information provided by you in the form of email or other submissions to us (collectively “Feedback”), are non-confidential and you hereby grant to us and our subcontractors and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use your Feedback for any purpose without compensation or attribution to you.
12.1 The “8DATA” name, the 8DATA logos, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of 8DATA and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark owner. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
12.2 8DATA may use your company name(s) and logo(s) for marketing purposes, including on the 8DATA website and in press releases, promotional and sales literature, customer/prospect presentations, and customers lists.
- Ownership and intellectual property rights
13.1 As between you and 8DATA, 8DATA owns all right, title, and interest, including all intellectual property rights, in and to the Service, and any services available in connection with the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you and all other rights are hereby reserved.
- Confidential information
If we share non-public information about the Service with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
15.1 8DATA will process personal data as both 1) data controller; and 2) data processor on documented instructions from you as the data controller.
15.3 As a data processor, we process such personal data which you have provided to us (including collected or generated through the use of the Service) for the purpose of providing the Service.
- Customer Data
16.1 Customer, its subsidiaries, affiliates and customers retain all rights pertaining to all data, personal data or other information that Customer, or another party on Customer’s behalf, provides to 8DATA for the purpose of providing the Service (“Customer Data”). Where permitted by Data Protection Laws, 8DATA may process Customer Data or other data derived from the operation of the Service: (i) to build or improve the quality of its services (data shall be in aggregated and anonymous form); (ii) to detect security incidents; (iii) to protect against fraudulent or illegal activity and (iv) to create public statistics, for example, to enable Customers to benchmark their performance against industry level statistics (data shall be in aggregated and anonymous form). In no event does the aggregated data include any personally identifiable information or company level data.
- Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. 8DATA DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING 8DATA THAT IS NOT EXPRESSLY STATED IN THESE TERMS.
EXCEPT FOR ANY EXPRESS WARRANTIES INCLUDED HEREIN, WE DISCLAIM ALL WARRANTIES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE AND WE DO NOT WARRANT THE ACCURACY OF ANY DATA PROVIDED IN CONNECTION WITH THE SERVICE, OR THAT THE SERVICE IS FREE OF BUGS OR ERRORS.
18.1 8DATA will defend, indemnify and hold harmless Customer from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or in relation to third-party claims or actions arising out of or relating to infringement of a third party’s intellectual property rights due to Customer’s use of the Service, except to the extent such claims or actions arise out of or are related to (i) any modification or combination of the Service by Customer with any service not provided by 8DATA; (ii) any third-party programs, information, or data (including any Third-Party Services); (iii) any access or use of the Services by Customer in violation of these Terms, including the restrictions set forth in Section 6; or (iv) any data, information, or content provided by Customer.
8DATA’ indemnification obligation in this Section only applies under the condition that Customer has notified 8DATA in writing of a claim or action within a reasonable time.
In case such third party claim is made or is likely to be made, 8DATA is responsible, at its own cost, for obtaining any necessary rights for Customer to continue to use the Service under the terms of the Agreement or replace or modify the infringing part of the Service to be non-infringing without decreasing functionality. If 8DATA is unable to replace or modify the infringing part, then 8DATA may terminate this Agreement upon written notice to Customer, in which case Customer shall be entitled, as its sole remedy, to a pro-rata refund in the amount of the unused portion of any prepaid fees for the terminated Service calculated as of the effective date of termination. 8DATA liability, and your sole remedy, for infringement of intellectual property rights in the Service shall be limited to this Section 18.1.
18.2 Customer will defend, indemnify and hold harmless 8DATA from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or in relation to third-party claims or actions arising out of or relating to:
- Any breach by Customer or any Authorized User of the restrictions set forth in Section 6 above;
- Any violation of applicable law by Customer;
- Any data, information, or content inputted into the Service or otherwise provided by Customer, including any actual or alleged infringement of third-party intellectual property rights or rights to privacy arising out of any such data, information, or content, including Customer Data;
- Any of Customer’s products or services;
- Any material breach by Customer of this Agreement; or
- Any gross negligence, willful misconduct, or fraud by Customer.
- Limitation of Liability
Neither party nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if such party or any supplier or licensor has been advised of the possibility of these damages), arising out of this Agreement.
8DATA’ maximum total liability towards the Customer and its Authorized Users for all claims under these Terms or otherwise in relation to the Service, whether in contract, tort, or otherwise, is limited to 100 EUR.
Any limitations of liability under this Section 19 shall not apply with respect breach of Section 14 (Confidential information) or in the event of gross negligence, willful misconduct, or fraud.
- Governing law and dispute resolution
These Terms shall be governed and construed in accordance with the laws of Slovenia, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Slovenia Chamber of Commerce. The seat of arbitration shall be Ljubljana, Slovenia. The number of arbitrators shall be one. The language of the arbitration shall be English.
- Other terms
Neither party will be responsible for any failure or delay in the performance of its obligations under this Agreement (except for any payment obligations) due to causes beyond its reasonable control (a “Force Majeure Event”), which may include, without limitation, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, denial of service or other malicious attacks, telecommunications failure or degradation, pandemics, epidemics, public health emergencies, governmental orders and acts (including government-imposed travel restrictions and quarantines), material changes in law, war, terrorism, riot, or acts of God. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect.
Neither party may assign this Agreement.
8DATA may change the content of this Agreement, subject to posting a notice of change in its web page.
Any notices under or in relation to the Agreement shall be sent in accordance with the notice provisions in the Agreement.
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service.