Last updated 25 June 2018
Last updated 25 June 2018
The following are the terms and conditions of use (“TOU”) under which we will allow you (either an individual or a legal entity that you represent as an authorized employee or agent) to access and use the Revulytics Usage Intelligence solution and related analytics.revulytics.com, devzone.revulytics.com, and helpdesk.revulytics.com (including all their subpages, subdomains, services and content, the “Web Portal”) and the various software and services offered on the Web Portal and/or described herein (collectively, the "Revulytics Services"). The Revulytics Services are provided by Revulytics (Malta) Ltd., a limited liability company incorporated under the laws of Malta, bearing company registration number C74223 and having its registered office at 171 Old Bakery Street, Valletta, VLT1455, Malta (EU) (hereinafter referred to as “Revulytics”). Please read these TOU carefully.
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING ANY SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A REVULYTICS LOGIN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SERVICE CONTAINED IN THE TOU (THE "AGREEMENT"). THE REVULYTICS SERVICES ARE OFFERED TO YOU SUBJECT TO YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. For purposes of these TOU the terms “Us”, “Our” and “We” all refer to Revulytics. “You” refers to you as the visitor and/or user and/or customer who accesses and/or uses our Web Portal and/or registers for and/or uses any Revulytics Services we offer though our Web Portal.
If you are entering this Agreement on behalf of a corporation or other legal entity (see “REGISTERING A REVULYTICS LOGIN ACCOUNT ON BEHALF OF A LEGAL ENTITY,” below) and that entity has entered into a master service agreement with Revulytics, this Agreement will be subordinate to that agreement and, in the event any terms or provisions conflict, the terms stated in the master agreement will supersede and prevail unless the master agreement identifies specific provisions of the TOU or Agreement that prevail.
IF YOU DO NOT AGREE TO BE BOUND IN FULL BY THESE TOU, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS WEB PORTAL OR TO REGISTER FOR OR MAKE USE OF OUR REVULYTICS SERVICES. BY ACCESSING AND REMAINING ON THIS WEB PORTAL AT ANY TIME AND/OR REGISTERING FOR OR MAKING USE OF OUR REVULYTICS SERVICES, YOU ARE DEEMED TO ACCEPT IN FULL THIS AGREEMENT, including THESE TOU. ANY VIOLATION OF THIS AGREEMENT MAY RESULT IN THE SUSPENSION AND/OR TERMINATION OF YOUR REVULYTICS LOGIN ACCOUNT AND/OR ANY PRODUCT ACCOUNT OR PART THEREOF WITHOUT PREJUDICE TO ANY OTHER RIGHTS AT LAW.
ACCEPTANCE OF TERMS
Revulytics may at any time modify any relevant terms, conditions, policies or notices contained in the Agreement. You acknowledge that by visiting the Web Portal from time to time and/or using any Revulytics Service, you shall become bound by the current version of the relevant terms and conditions and, unless stated in the current version, all previous versions shall be superseded by the current version. You are responsible for reviewing the then current version each time you visit the Web Portal. Revulytics reserves the right to update the TOU at any time without explicit notice to you and therefore you are to read and understand the latest TOU accessible on our Website whenever you access our Web Portal and/or use our Revulytics Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
DESCRIPTION OF SERVICES
Our Web Portal provides you with access to a variety of Revulytics Services, including download areas, online data collection, data analytics & reporting, communication tools and product information. All Revulytics Services, including any updates, enhancements and new features, are subject to these TOU.
Revulytics reserves the right at any time and from time to time to modify or discontinue temporarily, indefinitely or permanently any Revulytics Services (or part thereof) with or without notice.
PERSONAL USE LIMITATION
Except as permitted in the Section below titled “REGISTERING A REVULYTICS LOGIN ACCOUNT ON BEHALF OF A LEGAL ENTITY,” the Revulytics Services are for your personal use and may be used only for purposes of monitoring free or commercial applications owned or licensed by yourself, and you may not resell any part of the Revulytics Services to third parties unless you have been authorized by us in writing.
Except as provided herein you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services included in or obtained from the Revulytics Services.
REGISTERING A REVULYTICS LOGIN ACCOUNT
For you to use most Revulytics Services you are required to open an account with Revulytics (the “Login Account”) through our Web Portal.
In order to register for and obtain a Login Account you are required to complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Failure to register accordingly may limit or prohibit your access and/or use of our Services.
In order to register and use a Login Account, you confirm that you are not a minor, you are not subject to any legal or contractual prohibition and you are legally capable of contracting. In all cases you must be 18 years of age or older.
Currently registering your Login Account is FREE, subject to any fair usage limits imposed by us from time to time. The most current version of our Fair Usage Policy can be reviewed by accessing
Revulytics reserves the right to alter the Fair Usage Policy and/or the fee policy for the registering and/or using of a Login Account at any time. You are not entitled to register more than one Login Account on and for your own behalf.
You shall be fully responsible towards Revulytics for all use whatsoever of your Login Account, including for creating and managing login credentials which give full access to the Login Account.
Among other things you shall:
(i) Complete any forms required to be filled in and in so doing you shall provide true, accurate and up-to-date information, including a valid email address, and any other information requested in order to complete the signup process.
(ii) Choose and provide a unique password and a user name and valid email account. You are entirely responsible for maintaining the confidentiality of your password and Login Account and are prohibited from creating any fictitious details or purporting to be someone that you are not.
You shall not disclose, or permit or encourage the disclosure of your password to anyone, including to any Revulytics staff.
By successfully registering a Login Account you may become entitled, amongst other things to: (i) create one or several accounts to track your individual software products (each, a “Product Account”), in which case you will be deemed to be an Account Administrator having full permissions to manage such Product Account; and/or (ii) subject to invitation by another Account Administrator, be granted full or limited permissions to manage other Product Accounts; in both cases subject to additional terms and conditions contained herein.
For avoidance of doubt, you may log in to your Login Account without creating a Product Account. Creating a Product Account will allow you to track products using the Revulytics Usage Intelligence SDK (one software application per Product Account).
Currently, registering your first Product Account is FREE. All subsequent Product Accounts shall be subject to our Revulytics Services Fees in accordance with the terms contained herein. Revulytics reserves the right to alter the fee policy for registering and using Product Accounts. You are not entitled to register more than one free Product Account including by means of separate Login Accounts.
If, through your Login Account you create and enable a Product Account, you shall automatically be deemed to be the administrator of that Product Account (the “Account Administrator”). The Account Administrator shall be the person responsible for the Product Account at all times and shall have full rights in administering same, including (i) to terminate the respective Product Account, (ii) to apply for changes (upgrades or downgrades) in the relative pricing subscription plan for that Product Account, (iii) to set budgets for add-ons and extras for that Product Account, and (iv) to alter billing details amongst other things in relation to that Product Account.
Therefore, as Account Administrator you shall be the primary person responsible towards Revulytics in respect of the Product Account created by you, whether the Product Account is created by you personally or on behalf of a legal entity (see “REGISTERING A REVULYTICS LOGIN ACCOUNT ON BEHALF OF A LEGAL ENTITY” below).
As Account Administrator you shall be notified with a product identity number (the “Product ID”) to be used when integrating the Revulytics Usage Intelligence SDK with your third-party software (“TPS”). The Product ID is to be treated as private and confidential and you shall ensure that same is not disclosed or otherwise made public, except as authorized herein to Trusted Persons (defined below).
While Revulytics endeavors to implement such security measures as it deems necessary and reasonable to maintain the security of your Product ID, Revulytics shall not be held responsible for any claims, damages or losses whatsoever resulting from any unauthorized disclosure or unauthorized use of the Product ID or from any skewed or incorrect data resulting from such unauthorized disclosure or use of the Product ID.
The Account Administrator is the sole person who has the authorization to invite other trusted persons (the “Trusted Person”) to use or manage the respective Product Account. If you determine to do so you shall (i) set appropriate limits, if any, in respect of administration and/or report viewing permissions by the authorized Trusted Person, and (ii) grant such access only by means of the appropriate Revulytics function accessible from your Login Account which permits you to invite secondary users and assign them their appropriate access permissions. You shall not, therefore, give to Trusted Persons or third parties whatsoever access to your Login Account or otherwise disclose your credentials. In setting said permissions, the Account Administrator may give the Trusted Person some or all of the Account Administrator’s rights to the extent that may include giving to the Trusted Person full administrative powers to view, access and/or modify the Product Account including inviting additional persons to act as Trusted Persons (who may also be given administration rights) and also having the power to revoke access to other Trusted Persons including the original Account Administrator to the Product Account.
Therefore as an Account Administrator you:
(i) Are responsible to grant authorization only to Trusted Persons whom you trust and who are responsible and therefore to set any permissions you deem necessary; you take full responsibility for permissions set by you.
(ii) Understand and agree that by inviting/adding other Trusted Persons to use or manage the Product Account, you shall remain responsible for all acts and omissions carried out by the Trusted Person(s) on or through your Product Account;
(iii) By allowing Trusted Persons to access, use or manage the Product Account you warrant that each such Trusted Person has read, understood and agreed to these TOU and is aware that the Trusted Person is jointly and severally responsible for all use whatsoever of the Product Account and Revulytics Services;
In the event that you or any other person(s) simultaneously have administrator privileges of a Product Account, you and such other person(s) shall remain jointly and severally responsible as Account Administrators of that Product Account irrespective of whether you created the Product Account or were otherwise invited to administrate the Product Account.
For a Product Account to be registered and remain operative, at least one Account Administrator (having full administrator rights) must remain responsible for the Product Account at all times. A sole Account Administrator who no longer desires to remain so designated shall be required to either:
(i) assign full administrator rights to a Trusted Person, who upon accepting such rights, shall be deemed to be the Account Administrator of the respective Product Account, provided that you shall disable your own administration rights, and hence be deemed no longer responsible as Account Administrator, only after the Trusted Person has agreed to be an Account Administration, or
(ii) if the Account Administrator does not desire to assign full administrator rights (or in the event that the Trusted Person does not accept such full administrator rights), the Account Administrator shall be required to terminate the Product Account in accordance with and subject to these TOU (and/or Revulytics may terminate the respective Product Account).
As Account Administrator you are and shall remain at all times, including after you have granted access to Trusted Persons, entirely responsible for any and all activities that occur under your Login Account and Product Accounts created by you.
You agree to notify Revulytics immediately of any actual or suspected unauthorized use of your Login Account (or Product Accounts) or any other breach of security. Revulytics will not be liable for any loss that you may incur as a result of someone else using your password, credentials or Login Account or any Product Account, either with or without your knowledge. However, you will be liable for losses incurred by Revulytics or another party due to someone else using your Login Account, any Product Account, password or credentials unless Revulytics was directly responsible for that misuse. You may not use anyone else's Login Account at any time.
Whether in your capacity as Account Administrator, Trusted Person or in such other capacity whatsoever, you shall not use your Login Account, any Product Account or Revulytics Services for any unlawful, illegal or unauthorized purpose whatsoever, including but not limited to use as, or part of, malware, spyware, spam, or other illegitimate software or for any use of software which may harm, impede or cause damage to third-party software, hardware or systems, or which may be used for illegitimate purposes or may breach the privacy and/or integrity of persons or systems (whether or not legal). You must not, when using this Web Portal or any Revulytics Service, Login Account or Product Account, violate any applicable laws or legal requirements. We reserve the rights to suspend and/or terminate any Login Account and/or Product Account without notice in the event of any legal requirements or impositions by legal order emanating from a competent court or authority.
From time to time, our (or our Corporate Affiliates’, as defined below, or third-party service providers’, or partners’) support staff may log in to your Login Account and/or Product Account(s) by means of our internal administration account in order to maintain, service, audit or improve service, including to provide you assistance with technical or billing issues. You hereby acknowledge and consent to such access. Revulytics shall not disclose your personal password used in respect of your Login or Product Account.
IF YOUR LOGIN ACCOUNT and/or any product account, OR PART THEREOF, HAS BEEN SUSPENDED OR TERMINATED YOU SHALL NOT APPLY TO REGISTER FOR AN ALTERNATIVE LOGIN ACCOUNT and/or product account WITHOUT FIRST OBTAINING OUR EXPRESS WRITTEN CONSENT.
You undertake not to register any Login Account(s) or Product Account(s) by means of any bots or automated methods whatsoever except with our prior written consent. The use of any bots shall entitle us to suspend or terminate any accounts created and such use shall be deemed to be unauthorized and illegal computer misuse.
REGISTERING A REVULYTICS LOGIN ACCOUNT ON BEHALF OF A LEGAL ENTITY
If you use any Revulytics Services or register a Login Account on behalf of any third party (the “Legal Entity”), you represent and warrant that (a) you are authorized to act on behalf of, and bind to this Agreement, that Legal Entity, (b) as between the Legal Entity and you, it is the Legal Entity who is entitled to any rights hereunder, (c) you shall not disclose the Legal Entity’s data to any other party without the Legal Entity's consent, and (d) you are jointly and severally responsible and liable with the Legal Entity in respect of these TOU.
The person who first registers to open a Login Account on behalf of a Legal Entity shall be deemed to be the agent and representative responsible for acting towards Revulytics on behalf of the Legal Entity. By creating any Product Accounts on behalf of a Legal Entity through the Legal Entity’s Login Account, the Legal Entity shall be deemed to be the Account Administrator for that Product Account and any permissions granted in respect of the Product Account are assumed to be subject to prior authorization of the Legal Entity. You warrant to have obtained such authorizations accordingly. The person who first registers to open the Login Account on behalf of a Legal Entity and the Legal Entity shall be responsible in respect of any acts or omissions of Trusted Persons to whom permissions are given.
You shall ensure that the said Legal Entity is bound by and abides by the terms of this Agreement. Revulytics and any person or entity which directly or indirectly controls, is controlled by or is under common control with Revulytics, whether by ownership or otherwise (each, a “Corporate Affiliate”) make no representations or warranties for the direct or indirect benefit of any third party. With respect to third parties, you shall take all measures necessary to disclaim any and all representations or warranties that may pertain to Revulytics and its Corporate Affiliates, the Revulytics Services and/or the Revulytics Usage Intelligence SDK and/or the Revulytics Software and/or use thereof.
You agree that you and the Legal Entity shall indemnify, hold harmless and defend Revulytics, its Corporate Affiliates, and their officers, directors, employees, agents or affiliates at your and the Legal Entity’s expense, against any and all third-party claims, actions, proceedings, and suits brought against Revulytics, its Corporate Affiliates, or any of their officers, directors, employees, agents or affiliates, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Revulytics, its Corporate Affiliates, or any of their officers, directors, employees, agents or affiliates, arising out of or relating to:
(a) any representations and warranties made by you or the Legal Entity concerning any aspect of the Revulytics Services, the Revulytics Usage Intelligence SDK or Revulytics Software or otherwise to third parties;
(b) any claims made by or on behalf of any third party arising directly or indirectly from your or the Legal Entity’s use of the Revulytics Services, the Revulytics Usage Intelligence SDK or Revulytics Software;
(c) your or the Legal Entity’s failure to comply with applicable law and/or your obligations of privacy to any third party; and
(d) any claims with respect to acts or omissions of third parties for whom you or the Legal Entity is responsible in connection with the Revulytics Services, the Revulytics Usage Intelligence SDK or Revulytics Software.
PAYMENT FOR SERVICES
To be able to use all or part of our Revulytics Services, you may be required to pay service fees (“Service Fees”), in which case you agree to supply all necessary information to permit the transaction to be processed securely. Among other things, you will be required to submit valid, accurate and up-to-date credit card details and/or to have a valid PayPal account which is in good standing.
You are responsible for all data submitted to us and to ensure that you retain copies of such data. You may, at any, time change the credit card assigned to your current subscription plan to another credit card.
Generally, free Revulytics services and/or accounts do not require you to provide a credit card number. If you are in doubt about any requests for disclosure of information, you are advised to contact us immediately.
We reserve our right to request any additional information from you and/or to carry out any additional checks to determine the validity of any information given to us by you. If we suspect any suspicious or fraudulent behavior we reserve the right to suspend or terminate any Revulytics Services and to report this activity to competent authorities.
Generally, unless otherwise stated or agreed, our Revulytics Services are billed in advance on a monthly basis for the next billing period (the “Billing Cycle”) and are non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
If we encounter any stopped payments, charge-backs, or any problems in effecting payments (“Billing Errors”) in relation to your Login Account, Product Accounts and/or Revulytics Services, we shall be entitled, at our discretion, to suspend your Accounts and Revulytics Services until such Billing Errors are resolved or otherwise when we deem fit. In such event we shall make reasonable efforts to inform you of such Billing Errors on your email address which you last formally notified to us, provided that if such problems are not remedied by you within seven (7) days from the date of the Billing Error, we reserve the right to terminate your Login Account and/or any Product Account.
Revulytics reserves the right to charge additional administrative fees in the event of new costs or expenses being incurred as a result of any Billing Errors or any problems effecting payment and/or in the event any of your actions, omissions and/or errors give rise to additional costs or expenses for Revulytics. For avoidance of doubt, Billing Errors incur, and you shall pay to Revulytics, an administration fee of no less than one hundred U.S. Dollars ($100) or its equivalent in such other currency we deem fit, together with any charges or expenses which may have to be paid by Revulytics. This administration fee and any additional charges incurred by Revulytics may be charged directly to your account using the payment details provided.
For any upgrade in your subscription plan, your credit card details that you provided to us shall be used and your credit card or PayPal account will automatically be charged a pro-rated amount for the remaining time of the current Billing Cycle. If any billing transaction does not go through, the upgrade shall not take place.
Any downgrading of your subscription plan, or cancellation of any Revulytics Services, shall occur only on commencement of the next Billing Cycle notwithstanding that you may have requested such downgrade or cancellation prior to the next Billing Cycle. You agree that any instructions to downgrade your subscription plan or cancel services must be effected by you directly through your Login Account at least twenty-four (24) hours before the end of the current Billing Cycle, or the change will not be effective until the Billing Cycle following the next Billing Cycle. Downgrades or cancellations must be made through your Login Account; other attempts to change (such as notice by email) shall not be considered and/or executed. You may see the date and time of your Product’s new Billing Cycle through the Product Administration page of your Login Account. No refunds shall be made for already-processed payments.
Revulytics is not liable if downgrading your subscription plan causes the loss of content, features, or capacity of your Login Account, any Product Account, or any Revulytics Services.
Our Revulytics Services may allow you to register for post-paid add-ons (i.e., additional Revulytics Services you request in the middle of a Billing Cycle) and extras (i.e., usage made by you of Revulytics Services above the contracted limits during a Billing Cycle) and in so doing it shall be your responsibility to keep track of your post-paid activity for which you will be charged directly. No refunds shall be payable for post-paid add-ons and/or extras. For your convenience in most cases you may be able to set parameters by establishing your maximum budget constraints for any post-paid add-ons and extras and in so doing you shall be responsible to monitor and keep up-to-date such budget constraints.
Changes to your subscription plan are normally confirmed via email.
We may change our fees and payment policies for Revulytics Services from time to time and such changes shall be applicable within 30 days from written notice. The posting of the new fees or policies on our Website or Web Portal shall be deemed to be written notice. Revulytics shall not be liable to you or any third party whatsoever for any modification, price change, suspension or discontinuance of a Revulytics Service.
Unless otherwise stated, all fees are quoted in U.S. Dollars.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties (excluding taxes on the net income of Revulytics, which shall be our responsibility).
In the event that you are requested to provide a VAT number for payment exempt of VAT, you undertake and warrant that the VAT number belongs to you and not to any other third party, or that otherwise you are validly and legally authorized to use the VAT number for such purposes. You also warrant that the VAT number and any ancillary details you provide to us are valid, correct and up-to-date. You understand that we may be required to disclose information you give to us relating to your VAT number (including the VAT number itself) to competent authorities and therefore by giving us your VAT number and ancillary details you consent to said disclosure. You hereby agree to indemnify Revulytics and its Corporate Affiliates in full and to pay such penalty as may be established by Revulytics in the event of any breach of such provision.
GENERAL NOTICE FOR ALL SOFTWARE AVAILABLE FOR DOWNLOAD FROM THIS WEB PORTAL
Unless otherwise stated in writing by Revulytics, any software, applications or code that is made available for download from the Revulytics Web Portal or pursuant to the Revulytics Services including any upgraded or updated versions thereof (hereinafter "Software") are the copyrighted work of Revulytics and/or its suppliers and any intellectual property therein is also the property of Revulytics and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included or posted online with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF OUR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE OR IS EXPRESSLY AUTHORIZED BY US IN WRITING.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, REVULYTICS HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, REVULYTICS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. REVULYTICS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. IT IS YOUR OBLIGATION TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND FUNCTIONALITIES MADE AVAILABLE TO YOU BY OR ON THE SERVICES OR IN REVULYTICS SOFTWARE PRODUCTS.
SPECIFIC LICENSE AGREEMENT FOR REVULYTICS USAGE INTELLIGENCE SDK
The Revulytics Usage Intelligence SDK is a proprietary software analytics tool available for download and subsequent integration into TPS, enabling a fully hosted call-home system and including a unique direct-to-desktop messaging system to end-users of the TPS.
The download and use of the Revulytics Usage Intelligence SDK (and any updates, upgrades or new versions thereof), is subject to these TOU and this License Agreement.
At present, downloading the Revulytics Usage Intelligence SDK is FREE, subject to any Fair Usage Policy in effect from time to time. Revulytics reserves the right to alter its fee policy.
NON-EXCLUSIVE LICENSE:- Revulytics hereby grants to you a limited, revocable, non-exclusive, non-sub-licensable license to install, copy and use the Revulytics Usage Intelligence SDK solely as necessary for its integration with one or more of your TPS that you own and control and for subsequent distribution of your SDK-enabled TPS to end-users for purposes of remotely collating and reviewing analytical data and statistics about your TPS through our online Revulytics Software.
The Revulytics Usage Intelligence SDK is available for download on an “AS IS” basis and THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS MADE BY REVULYTICS AND/OR ITS CORPORATES AFFILIATES, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE REVULYTICS SERVICES, ANY REVULYTICS SOFTWARE (INCLUDING THE REVULYTICS USAGE INTELLIGENCE SDK), ANY DOCUMENTATION AND REPORTS PROVIDED BY REVULYTICS OR THROUGH THE REVULYTICS SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.
Without limiting the above, Revulytics does not warrant that the Revulytics Service, the Revulytics Usage Intelligence SDK, and/or any documents or reports will meet your needs or be free from errors, or that the operation of the service will be uninterrupted. Neither does Revulytics guarantee that the Revulytics Usage Intelligence SDK can be successfully integrated with your TPS and/or that the integration with your TPS will not cause any undesirable technical, administrative or financial effects to your TPS or your business. The integration and subsequent use by you of the Revulytics Usage Intelligence SDK is at your risk.
The foregoing exclusions and disclaimers are an essential part of this Agreement and formed the basis for determining the price charged.
You will not, nor will you encourage or permit any third party to, (i) copy, modify, adapt, translate or otherwise create derivative works of the Revulytics Usage Intelligence SDK or any documentation related thereto; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Revulytics Usage Intelligence SDK, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Revulytics Usage Intelligence SDK or any documentation; (iv) remove any proprietary notices or labels on the Revulytics Usage Intelligence SDK or placed by any Revulytics Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of any Revulytics Service or the Revulytics Usage Intelligence SDK.
You will use the Revulytics Usage Intelligence SDK, Revulytics Services and any reports generated solely for your own internal use.
You will comply with all applicable laws and regulations in your use of and access to the Revulytics Usage Intelligence SDK, Revulytics Services, documentation, and reports.
This license will terminate immediately if you fail to comply with the terms of this Agreement. Upon such termination, you must destroy all originals and copies of the Revulytics Usage Intelligence SDK (and any related code and documentation) in your possession and so certify in writing to Revulytics within three (3) business days of request by Revulytics and cease any further use of the Revulytics Services without the express written consent of Revulytics.
In the case where Revulytics receives reports that your software may contain malware or some form of illegitimate behavior or else if we suspect that your usage of the Revulytics Usage Intelligence SDK or Revulytics Services breaches this Agreement, you agree to fully cooperate with Revulytics in investigating these claims. For this purpose, within 48 hours from a request by Revulytics, you agree to provide in writing to Revulytics any information so requested, including but not limited to any use whatsoever of the Revulytics Usage Intelligence SDK, the purpose of its use and the locations where it is installed, hosted and used. Upon Revulytics’ request, you shall submit a copy of your software with which our Revulytics Usage Intelligence SDK is integrated (and all material and support necessary to get the product installed and running in a timely manner) so that our engineers can confirm that the Revulytics Usage Intelligence SDK (and our Revulytics Services) are being used appropriately in accordance with terms of this TOU and License Agreement and you hereby grant us a temporary, royalty free, worldwide license for such purposes. The software and license will be uninstalled and copies thereof destroyed once tests are finalized.
Revulytics does not guarantee that the Revulytics Services (including the Revulytics Software) will be operable at all times and you expressly acknowledge that they will generally not be available during any down time caused inter alia by (1) outages to any public Internet backbones, networks or servers, (2) any failures of our or your equipment, systems or local access services, (3) previously scheduled maintenance or (4) events beyond Revulytics's control (including the control of its Corporate Affiliates, partners and third-party service providers) such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Revulytics (or its Corporate Affiliates, partners and third-party service providers) or our or your servers are located or co-located.
If you require any support in relation to any Revulytics Services and/or Revulytics Software or SDK modules downloadable from our Web Portal , you are encouraged to first use our self-service helpdesk located at helpdesk.revulytics.com and read the relevant Knowledge Bases and/or FAQs. Should you fail to answer your query you may contact us by opening a support ticket at helpdesk.revulytics.com or by emailing us on email@example.com.
Unless otherwise stated, support is only available via email. We shall endeavor to respond to support requests as soon as possible; however our official support working hours are weekdays from 9 a.m. to 5 p.m. ET.
Notwithstanding the foregoing, we do not guarantee that we will able to give support or that any support we give will be successful. Generally, Revulytics endeavors from time to time to supply, free of any additional charge, standard updates and or upgrades of the Revulytics Services and/or Revulytics Software to users having a Login Account; however we cannot and do not guarantee that all updates and upgrades shall be made available free of charge particularly when an issue or defect is not covered by our standard default services and may require some form of customer-specific customization or fix-around.
If you require any customization of our Revulytics Services or Software or make a request for new services, such customization or new services may be subject to additional costs and fees as shall be agreed in writing between us and you. Whether we supply any update, upgrade, customization or new service, and whether same shall be at an additional cost or fee, is at our sole discretion.
DOCUMENTS AVAILABLE ON the WEB PORTAL
Permission to use any texts and/or documents on the Web Portal is granted, provided that (1) the below copyright notice appears in all copies and that both our copyright notice (below) and this permission notice appear, (2) use of such text and/or documents from the Revulytics Services is for informational and personal/business use only and not for resale or redistribution and will not be copied or posted on any network computer or broadcast in any media except as may be permitted by us, and (3) no modifications of any documents are made.
Such texts and/or documents specified above do not include the design or layout of the Revulytics Web Portal or any other Revulytics owned, operated, licensed or controlled site.
REVULYTICS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF OUR WEB PORTAL AND/OR THE REVULYTICS SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. REVULYTICS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any documents, texts and related graphics published on the Revulytics Web Portal or accessible via our Revulytics Services may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Revulytics and/or its respective suppliers may make improvements and/or changes in the Web Portal, Revulytics Services and/or the software program(s) described herein at any time.
YOU UNDERSTAND AND AGREE THAT REVULYTICS USES THIRD-PARTY VENDORS, HOSTING PARTNERS AND SERVICE PROVIDERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO RUN THE REVULYTICS WEB PORTAL, REVULYTICS SERVICES INCLUDING THE HOSTING OF OUR REVULYTICS USAGE INTELLIGENCE SDK AND REVULYTICS SOFTWARE. YOU FURTHER UNDERSTAND THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF THE SERVICES, INCLUDING YOUR CONTENT, MAY BE TRANSFERRED AND/OR RE-DIRECTED UNENCRYPTED OVER ONE OR SEVERAL NETWORKS AND MAY REQUIRE MODIFICATIONS TO CONFORM AND ADAPT TO TECHNICAL REQUIREMENTS OF INTERCONNECTING NETWORKS AND/OR DEVICES.
Revulytics does not warrant that (i) the Revulytics Web Portal , Revulytics Services, Revulytics Usage Intelligence SDK and/or Revulytics Software will meet your specific requirements, or (ii) that they will be uninterrupted, timely, secure, or are error-free, free of viruses or other harmful components or (iii) that the results that may be obtained from their use shall be accurate or reliable, or (iv) that the quality of any products, services, information, or other material purchased or obtained by you through the Revulytics Web Portal , Revulytics Services, Revulytics Usage Intelligence SDK and/or Revulytics Software will meet your expectations, and/or (v) that any errors or defects therein can or will be corrected.
YOUR RELIANCE ON AND USE OF THE REVULYTICS SERVICES IS AT YOUR SOLE RISK. THE REVULYTICS SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS.
YOU AGREE THAT REVULYTICS SERVICES CAN BE DOWN FOR SCHEDULED AND/OR UNSCHEDULED SERVER/SERVICE MAINTENANCE OR UPGRADES. WHEN POSSIBLE WE WILL NOTIFY YOU BY EMAIL AND/OR ON OUR WEB PORTAL AT LEAST TWENTY FOUR (24) HOURS PRIOR TO SCHEDULED MAINTENANCE OR UPGRADES AND WE WILL MAKE REASONABLE EFFORTS TO MINIMIZE DOWNTIME AND GET THE SERVICE BACK TO FULLY OPERATIONAL PROMPTLY.
WHILE REVULYTICS USES ITS BEST ENDEAVORS TO ENSURE CONTINUED AND SECURE PROVISION OF ITS SERVICES, YOU UNDERSTAND AND AGREE THAT DUE TO THE NATURE OF THE REVULYTICS SERVICES AND THE INTERNET, IN NO EVENT SHALL REVULYTICS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE RELIANCE BY YOU ON OUR WEB PORTAL AND REVULYTICS SERVICES (INCLUDING THE REVULYTICS SOFTWARE), FOR ANY LOSS OF USE, DATA, PROFITS OR GOODWILL OR OTHER LOSSES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH INTER ALIA THE (I) USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES, OR (II) THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR (III) STATEMENTS OR CONDUCTS OF THIRD PARTIES, OR (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR (V) ANY OTHER MATTER RELATING TO YOUR USE OF OUR WEB PORTAL AND/OR REVULYTICS SERVICES OR REVULYTICS USAGE INTELLIGENCE SDK. HISTORICAL DATA IS RECORDED ONLY FOR YOUR CONVENIENCE PURPOSES AND REVULYTICS DOES NOT GUARANTEE THAT SUCH DATA SHALL REMAIN ACCESSIBLE OR RECORDED INDEFINITELY.
IN ANY EVENT THAT SUCH EXCLUSION OF LIABILITY (OR PART THEREOF) IS NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF REVULYTICS SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO REVULYTICS IN THE THREE MONTHS PRIOR TO THE DEFAULT GIVING RISE TO SUCH LIABILITY.
YOU ARE ADVISED TO TAKE OUT NECESSARY INSURANCES TO COVER ANY RISKS AND TO MAKE ANY SECONDARY BACK-UPS FOR YOUR OWN USE.
As one feature of our Revulytics Services, certain Login Account holders may, having downloaded our Revulytics Usage Intelligence SDK (and successfully integrated it with their software) remotely access, view, read, and print statistics and other information via our online program application, provided that you understand that this feature of the Revulytics Services shall not function unless and until you shall have obtained a Product ID, having created a Product Account through your Login Account in accordance with and subject to these TOU.
The use of this feature of the Revulytics Services may be subject to such additional Revulytics Usage Intelligence SDK License Agreement as may be notified to you, and all the TOU contained herein, and any Fair Usage Policy issued by us from time to time. For the avoidance of doubt, your use of the Revulytics Services, including this feature, indicates your consent to our TOU, Fair Usage Policy and Revulytics Usage Intelligence SDK License Agreement, if any. In the event that any terms contained in the Revulytics Usage Intelligence SDK License Agreement or Fair Usage Policy conflict with these TOU, the provisions of the Revulytics Usage Intelligence SDK License Agreement shall be deemed to supersede these TOU.
The use of the Revulytics Services is subject to the Revulytics Pricing Schedule, depending on the subscription plan purchased which varies according to the number of active installations of the Revulytics Usage Intelligence SDK. Generally this is subject to a monthly fee, a pay per use above-quota basis fee, and/or prepaid bundle fees; provided that we reserve the right to amend our pricing structures and/or offer special offers from time to time. Depending on the subscription plan your entitlements may vary accordingly, including in respect of (a) the amount of user accounts authorized to use a single application, (b) the length of time during which your user history (which may include raw, processed, personally identifiable, statistical or analytics data or reports) may be retained on our servers hereinafter “Historical Data”, (c) the amount of ReachOutTM messages you may send to your customers, (d) the email reports you may download or print, (e) sms reports, (f) feature tracking, (g) exception tracking and/or (h) applications managed through a single account, amongst other things which may vary from time to time. Other fees are payable for any add-ons.
You are advised to read and understand our subscription plan(s) prior to purchase, and to contact us in case of doubt. Any quotas, including where indicated as being “unlimited” are subject to our Fair Usage Policy. The most current version of our Fair Usage Policy can be reviewed by accessing www.revulytics.com/fair-usage-policy.
You agree that the purchase and download of our Revulytics Usage Intelligence SDK by you is deemed to render the Revulytics Usage Intelligence SDK ‘unsealed software’ and an immediate provision of a service and therefore no right of withdrawal can be exercised also because by its nature, it cannot be returned. The purchase of a subscription plan is also deemed to be the immediate provision of a service and non-returnable and therefore no right of withdrawal can be exercised.
You agree that Revulytics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of Revulytics Usage Intelligence SDK, any Revulytics Software, or any Revulytics Services or third-party products that access data via the Revulytics Services) or from reliance upon any reports or Historical Data provided through the Revulytics Services and/or Revulytics Software.
For clarification, Revulytics may use anonymous statistical data and intelligence generated by your use of the Web Portal, Revulytics Usage Intelligence SDK, Revulytics Software and/or Revulytics Services for historical and comparative reasons, for improving support and maintenance and for improving and extending its business.
Actual or suspected abuse or excessively frequent requests beyond the parameters described in the Fair Usage Policy via the Revulytics Services, including without limitation, any functionality related to the Revulytics Usage Intelligence SDK and/or Revulytics Software may result in the temporary or permanent suspension of a Login Account, any Product Account or any other Revulytics Services offered.
Suspension, for whatsoever reason, of any Login Account (and/or Product Account) will mean that several functions of the Login Account, Product Account, Revulytics Usage Intelligence SDK and/or Revulytics Services will stop functioning and/or will no longer be available to you (and to such persons acting as Account Administrator and/or as Trusted Persons).
We have no control over how you use our Revulytics Usage Intelligence SDK once you download it and integrate it with your software and therefore you shall be responsible for your use of the Revulytics Usage Intelligence SDK and the data collected through the Revulytics Services and/or Revulytics Software. You will not, and will not encourage or permit any third party, to use the Revulytics Services, including the Revulytics Software to unlawfully track or collect personally identifiable information of any end-users, nor will you (or will you allow any third party to) unlawfully associate any data gathered through the Revulytics Services, including the Revulytics Software, with any personally identifying information of end-users.
You understand that certain uses of the Revulytics Usage Intelligence SDK, the Revulytics Software, and the Revulytics Services, including the processing of personal and sensitive data, may be subject to certain laws, regulations and/or codes of conducts which may vary depending on the jurisdiction. Revulytics accepts no responsibility whatsoever in this respect and it is your obligation to ensure that the use of our Revulytics Services, including the Revulytics Usage Intelligence SDK and the Revulytics Software, is lawful and does not infringe any laws or violate any right of third parties in each jurisdiction where you make your software and services available. You agree to indemnify, hold harmless and defend Revulytics, its Corporate Affiliates and any of their officers, directors, employees, agents or affiliates, at your expense, from and against any and all third-party claims, actions, proceedings, and suits brought against Revulytics, its Corporate Affiliates, or any of their officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Revulytics, its Corporate Affiliates, or any of their officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Revulytics Services (including the Revulytics Usage Intelligence SDK and Revulytics Software), (iii) Your violations of applicable laws, rules or regulations in connection with the Revulytics Services or the Revulytics Usage Intelligence SDK License Agreement, or (iv) your brand features. In such a case, Revulytics will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Revulytics reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. If you provide access to your Login Account or any portion thereof to any third party or use the Revulytics Services to collect information on behalf of any third party, whether or not you are authorized to do so by Revulytics or its Corporate Affiliates, the terms of this clause shall apply to you.
Revulytics reserves the right, in its sole discretion, to determine cases of abuse or excessive usage and may (but is not obligated to) make a reasonable attempt via email to warn the account owner prior to suspension. Revulytics reserves the right to modify or terminate the service for any reason, without notice at any time.
UNLAWFUL AND/OR PROHIBITED USE OF REVULYTICS SERVICES
As a condition of your use of our Web Portal and/or the Revulytics Services, you will not use, attempt to use or encourage the use by third parties of the Web Portal and/or any Revulytics Services for any purpose that is unlawful or prohibited by this Agreement, including these TOU and any terms, conditions, and notices contained herein.
You may not use, encourage or permit the use of the Web Portal and/or Revulytics Services in any manner that could damage, disable, overburden, or impair any Revulytics server, or the network(s) connected to any Revulytics server, or interfere with any other party's use and enjoyment of any Services. You must not modify, adapt or hack the Revulytics Services or modify another website so as to falsely imply that it is associated with Revulytics or any Revulytics Services (including the Revulytics Software).
You may not attempt to gain unauthorized access to any Revulytics Services, other accounts, computer systems or networks connected to any Revulytics server or to any of the Revulytics Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Revulytics Services.
You further agree not to use the Web Portal and/or any Revulytics Services to store, send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Revulytics and its Corporate Affiliates against any loss, liability, damage or expense of whatever nature which the Revulytics, any of its Corporate Affiliates, or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Web Portal and/or Revulytics Services to send or post any such message or material.
Any direct or indirect verbal, physical, written or other abuse (including threats of abuse or retribution) of any Revulytics customer, employee, member, or office will result in immediate suspension or termination of your Login Account and any Product Account(s).
Revulytics reserves the right to suspend and or terminate an account (with or without prior notice) if the Revulytics Usage Intelligence SDK or any of our Revulytics Services (including the Revulytics Software) is not being used as intended, is being abused, or used in a way beyond what Revulytics deems to be 'normal usage' or in breach of our Fair Usage Policy, or if any act or omission by you is likely to negatively affect our systems or services.
USE OF ANCILLARY SERVICES
Our Web Portal and the Revulytics Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities, including ReachOuttm designed to enable you to upload information and/or to otherwise communicate with others, (each, a "Communication Service").
Materials uploaded to the Communication Services may be subject to posted rules and limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
You agree to use the Communication Services only to post, store, send and receive messages and material that are proper and lawful and, when applicable, related to the particular Communication Service.
Amongst other things you agree that you shall not directly and/or indirectly:
(i) Create a false identity for the purpose of misleading others.
(ii) Upload or transmit files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
(iii) Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
(iv) Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
(v) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
(vi) Store, publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information including pornographic or illegal data whether as imagery, videos, sound or in whatsoever other format, whether on our servers or otherwise.
(vii) Upload, store, share or otherwise make available, whether on our servers or otherwise, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
(viii) Use any material or information, including images or photographs, which are made available through the Communication Services or other Revulytics Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
(ix) Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
(x) Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
(xi) Restrict or inhibit any other user from using and enjoying the Communication Services.
(xii) Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
(xiii) Harvest or otherwise collect information about others, including email addresses.
(xiv) Violate any applicable laws or regulations.
(xv) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Revulytics has no obligation to monitor the Communication Services. However, Revulytics reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.
We may, but have no obligation to, remove content and Login Accounts and/or any Product Account containing content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic or otherwise objectionable or violates any party’s intellectual property or these TOU. Revulytics reserves the right to suspend and/or terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Revulytics reserves the right at all times to disclose any information as Revulytics deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Revulytics's sole discretion. Revulytics further reserves the right to blacklist and publish any person who directly or indirectly is or is likely to be a spammer or malicious user.
PERSONAL DATA AND DATA PROTECTION
For the purposes of the European Union Data Protection Directive (95/46/EC) (the “Directive”) and any applicable national legislation implementing the Directive including without limitation the Data Protection Act, Chapter 440 of the Laws of Malta), you will be considered to be the Data Controller and as a result you undertake to obtain any and all data protection consents and to provide any notices required to permit Revulytics to hold, use, disclose or otherwise process any Personal Data generated (where "Data Controller" and "Personal Data" have the same meaning as in the Directive) for the purposes of providing the Revulytics Services.
Revulytics shall process the Personal Data only on and subject to your instructions from time to time and shall not process the Data for any other purpose. Revulytics shall implement and maintain appropriate technical and organizational security measures against unauthorized access to, or unauthorized alteration, disclosure or destruction of, the Personal Data.
You agree that you shall remain solely responsible for determining the contents and use of the Personal Data. You acknowledge that you (or the Legal Entity you represent) are the Data Controller in relation to the Personal Data and Revulytics is a Data Processor in relation to the Personal Data.
Revulytics retains the right to utilize servers located both within and outside the European Union and the European Economic Area and to this regard you must ensure that any Data Subject (as defined in the Directive) gives consent to such transfer of data.
CAUTION – YOUR PERSONAL DATA
Always use caution when giving out any personally identifiable information about yourself, your friends or your children in any Communication Services. Revulytics does not control or endorse the content, messages or information found in any Communication Services and, therefore, Revulytics specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.
MATERIALS YOU PROVIDE
Revulytics does not claim ownership of the materials you provide. However, by posting, uploading, inputting, providing or submitting any submission on or through our Web Portal , Helpdesk, Community area or Revulytics Services you hereby grant Revulytics, its Corporate Affiliates and necessary sub-licensees permission to use your submission in connection with the operation of their businesses (including, without limitation, all Revulytics Services), including, without limitation, the royalty-free and perpetual license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; to publish your name in connection with your submission; and to sublicense such rights to any supplier of the Revulytics Services.
No compensation will be paid with respect to the use of your submission, as provided herein. Revulytics is under no obligation to post or use any submission you may provide and Revulytics may remove any submission at any time in its sole discretion.
By making a submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
In addition to the warranty and representation set forth above, by posting a submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that:
(a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Revulytics Services,
(b) you have the rights necessary to grant the licenses and sublicenses described in these TOU, and
(c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.
By posting images, you are granting permission to use your Images in connection with the use, as permitted by these TOU, of any of the Revulytics Services, and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Revulytics Services. No compensation will be paid with respect to the use of your Images.
TERMINATION OF YOUR REVULYTICS SERVICE(S) AND ACCOUNT(S)
If you desire to terminate your Login Account you must contact us to terminate your Login Account and Revulytics Services by sending a support ticket via our helpdesk at helpdesk.revulytics.com. You are responsible for properly cancelling your Login Account according to the stipulated procedures. In such event, if at the time you make the request you are the sole Account Administrator of a Product Account you shall first be required to terminate the Product Account and/or assign your full administration rights to a Trusted Person before we can terminate your Login Account.
As an Account Administrator or as Trusted Person having full administration rights you may cancel a Product Account by accessing the “Product Administration Page” through your Login Account. If the Product Account has multiple administrators Revulytics shall not require authorization of all the said administrators prior to termination even though it may, in its discretion, notify all said administrators that the Product Account may be or has been terminated.
Upon termination of your Login Account and/or a Product Account, all Revulytics Services and any Historical Data which may have been stored to be accessed by you through our Revulytics Services shall no longer be available for access or use by you unless a purchase by means of a separate written agreement for the exchange and transfer of such data is entered into as a condition prior to termination. All and any Historical Data, content, data, statistics or other information whatsoever related to or resulting from your Login Account, any Product Account, and Revulytics Services may be immediately deleted. This information cannot be recovered once your Login Account and/or Product Account is cancelled provided that Revulytics reserves the right to retain anonymous data for historical and comparative reasons, for improving support and maintenance and for improving and extending its business.
Upon suspension or termination for any reason whatsoever or upon request by you for termination, whichever is the earlier, any outstanding balance owed to Revulytics by you becomes immediately due and payable and any collection expenses (including attorneys' fees) incurred by us and interests will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your account. Late payments may, at our discretion, incur a lawful interest rate from the date such payment was due. For avoidance of any doubt, until all such outstanding balances or dues owed to us have been fully paid up you and any Account Administrator shall remain responsible towards Revulytics.
Any breach of the Agreement including these TOU may result in the deactivation or deletion of your Login Account and/or Product Account(s) and/or your access to your Login Account and/or Product Account(s), and/or the forfeiture and relinquishment of all information in and relating to your Login Account and/or Product Account(s).
EXTERNAL LINKS TO THIRD PARTY SITES
Some links on our Web Portal may require you to leave the Web Portal and access a third-party site (“linked site”).
The linked sites are not under the control of Revulytics and Revulytics is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use.
Revulytics is not responsible for webcasting or any other form of transmission received from any linked site. The inclusion of any link does not imply endorsement by Revulytics of the linked site.
© 2018 Revulytics Inc. All rights reserved.
INTELLECTUAL PROPERTY, TRADEMARKS & TRADENAMES
All rights in and to the Web Portal, the Revulytics Software (including the Revulytics Usage Intelligence SDK and the Revulytics Services not expressly granted to you in this Agreement are hereby expressly reserved and retained by Revulytics and its licensors without restriction.
All Revulytics trademarks, names, service marks, logos and tradenames displayed on this Web Portal or through any Revulytics Service are the property of Revulytics and/or its Corporate Affiliates, as the case may be, whether registered or otherwise, and nothing contained herein should be construed as granting, transferring or assigning any license or rights therein. Any rights not expressly granted herein are reserved.
You shall not and shall not allow any third party to access, download, use, export or re-export any part of the Revulytics Web Portal, Software, or Services in violation of applicable export or import restrictions, laws or regulations of the United States or any other foreign agency or authority.
Where any conflict or contradiction appears between the provisions of these TOU use and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular page or functionality of the Web Portal shall prevail in respect of your use of the relevant page or functionality of the Web Portal.
No extension of time which either you or Revulytics may grant will constitute a waiver of or limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Revulytics shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto, provided that the intention of the parties shall be enforced to the extent lawful and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
GOVERNING LAW AND VENUE
The Agreement including these TOU and any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with U.S. federal law and the laws of the Commonwealth of Massachusetts, and any legal action or proceeding hereunder and/or otherwise relating to the Web Portal, the Revulytics Services, and/or the Agreement including these TOU and any relevant terms and conditions, policies and notices shall be instituted in a state or federal court in Middlesex County, Massachusetts. You and Revulytics agree to submit to the jurisdiction of, and agree that venue is proper in, these courts.
COMMENTS OR QUESTIONS
If you have any questions, please contact us at: firstname.lastname@example.org.