Acceptance of the Terms of Service
Last updated: Sep 12, 2020
PLEASE READ THIS SERVICES AGREEMENT (“AGREEMENT”) BEFORE USING THE SERVICE OFFERED BY IPLYTICS.IO. THE TERMS OF THIS AGREEMENT GOVERN YOUR USE OF IPLYTICS.IO’S SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE IPLYTICS.IO’S SERVICE. BY ACCEPTING THESE TERMS BELOW, OR BY USING IPLYTICS.IO’S SERVICE IN ANY MANNER, YOU AND THE ENTITY YOU REPRESENT (“CUSTOMER”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. This Agreement is entered into as of the date You accept these terms or use the IPLYTICS.IO’S Service (“Effective Date”).
The following terms and conditions (together with any documents referred to in them) are between IPLytics.io and You (the Customer). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document, so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our products and services to you unless you agree to them.
By implementing or using the Service, You agree that you are authorized to accept this Agreement and that you are bound by this Agreement. If You are agreeing to this Agreement for use of the Service by an organization, then You agree to this Agreement on behalf of that organization (and “Customer,” “You” and “Your” will refer to that organization). You must have the authority to bind that organization to this Agreement; otherwise You must not sign up for the Service. By using the Service, You are representing and warranting that You are over the age of 18, or the legal age of majority in Your jurisdiction of residence. IPLytics.io does not make the Service available to anyone under the age of 13.
Should you disagree with some of the provisions herein, you can either leave the website, or contact us at info@IPLytics.io.
I. Overview
I.I Changes to this Agreement
We periodically update these terms. If you have an active IPLytics.io subscription, we will let you know when we do via an email or in-app notification. Your continued use of the Service following the updates to this Agreement means that You accept and agree to the changes.
I.II Definitions
“Agreement” means these Terms of Service and all materials referred to or linked here.
“Customer Data“ means any data that you submit to us via the Service. Customer Data does not include response data.
“Confidential Information” means all information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information will include Customer Data and information about the Discloser’s business plans, technical data, and the terms of the Order. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.
“Response Data” means the data we make available to you as part of the Service. Response Data also includes information that we obtain from public or third party sources.
“Laws“ means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.
“Order” means the IPLytics.io approved online subscription process by which you agree to subscribe to the Service. Most Orders are completed through our online payment process or via in-app purchase.
“Sensitive Personal Information“ means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS“); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA“); (iii) any information deemed to be “special categories of data” of an EU resident (prior to May 25, 2018, as such term is defined in EU Data Protection Directive 95/46/EC; and on and after May 25, 2018, as defined in European Union Regulation 2016/679) or (iv) any other personal or sensitive information subject to regulation or protection under the Gramm-Leach-Bliley Act, Children’s Online Privacy Protection Act or other Laws.
“Service” means all of our web-based service solutions, tools and platforms that you have subscribed to by an Order or that we otherwise make available to you, and are developed, operated, and maintained by us; accessible via https://IPLytics.io or another designated URL, and any ancillary products and services, including API(s), that we provide to you.
“Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Service for your benefit and have unique user identifications and passwords for the Service.
“IPLytics.io”, “Company”, “we”, “us” or “our” means IP LYTICS LLC.
“You”, “your” or “Customer” means the person or entity using the Service and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer.
II. Security
II.I Accessing the Service, Security and Changes
IPLytics.io is in beta version meaning that a lot will change in the near future. We reserve the right to withdraw or amend, even dramatically, the Service, in our sole discretion without notice. Also, we will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. As stated, this is a beta version and rolling new features might impact the reliability of the Service. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users including registered users.
To access the Service, You are provided with a secure username, password or any other piece of information as part of our security procedures. You must treat such information as confidential, and You must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of Your user name or password or any other breach of security. You should use particular caution when accessing Your account from a public or shared computer, so that others are not able to view or record Your password or other personal information.
In the future, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Service that all the information You provide on the Service is correct, current, and complete.
We have the right to disable any user identification code or password, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, You have failed to comply with any provision of these Terms of Service.
Certain parts of the Service require the creation of a user account with third parties to provide their products or services with IPLytics.io. As a Customer, you are responsible for reviewing any applicable terms before participating in any part of the Service to which such terms apply.
III. Fees
III.I Subscription terms
IPLytics.io offers a range of subscription plans to its Service (each, a “Plan”).
You will select Your Plan as part of Your registration for the Service, which may begin with a Free Trial (as defined in Section III.c (“Free Trial”) herein). Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly). You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of Your billing cycle, You are responsible for subscription fees for the entire subscription period chosen/sold.
At the end of Your current subscription period, Your Plan will automatically renew for a subscription period equal to Your prior subscription period unless You provide IPLytics.io with email notice (sent to billing@IPLytics.io) of Your intent not to renew Your Plan at least thirty (30) days prior to the end of the then-current subscription period.
To view the specific details of Your Plan, including pricing information and the end date of Your subscription period, login to Your account on the IPLytics.io Service and go to the “Settings” page or contact us at billing@IPLytics.io.
III.II Billing, refunds, overages, and upgrade and downgrade terms
The fees for Your Plan are billed in advance of each billing cycle.
In the event You cancel Your Plan, no refunds or credits will be provided for partial or unused months of the Service.
If You upgrade Your Plan level, You will immediately be charged for the increased price of the upgraded Plan – pro-rated to reflect the remaining duration of Your subscription period. You will also be charged the full amount of the then-current rate for the new Plan, as provided at www.IPLytics.io/pricing, beginning with Your next billing cycle.
If You desire to downgrade Your Plan level prior to the end of Your subscription period, please provide written notice to billing@IPLytics.io. The Plan downgrade will take effect the first billing cycle that occurs more than thirty (30) days following Your notice to IPLytics.io, and You will not receive any refunds for payments made on Your current billing cycle. Downgrading Your Plan may cause the loss of account content, features, or capacity. IPLytics.io disclaims liability for any such loss.
Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
Any questions involving upgrades or downgrades to Your Plan can be directed to billing@IPLytics.io.
III.III Free trial
Subscriptions to the Service may begin with a free trial period during which You can try out the Service in a limited capacity for 14 days from the date You register (“Free Trial Period”).
You will be required to enter Your billing information in order to sign up for the Free Trial Period, and can update such information at any point. If You do not cancel during your Free Trial Period you will automatically be billed at the Startup Kit subscription tier at the end of the Free Trial Period, which will automatically be renewed until canceled.
IPLytics.io reserves the right to modify, cancel and/or limit the Free Trial Period without notice at any time.
III.IV Changes in fees
We may change the fees for the Service at any time or impose additional fees or charges.
Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if You upgrade or downgrade to a new Plan, You will be charged at the then-current rate for such Plan, as provided at www.IPLytics.io/pricing.
III.V Payment of fees
As an express condition of Your use of and access to the Service, You agree to pay all fees applicable to Your Plan, any other fees for additional services You may purchase, and any applicable taxes in connection with Your use of the Service.
We will bill the fees due under Your Plan to the billing information You provide to us during registration (or to a different billing information if You change Your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in Your Plan, and changes in applicable taxes, and You authorize us to bill You the corresponding amounts.
We reserve the right to deactivate Your access to the Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in U.S. Dollars.
III.VI Payments
All fees for Your Plan will automatically be billed to the billing information you provided . You authorize the account issuer to pay any amounts described herein and associated with Your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts until You or we cancel or terminate Your Plan as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep Your account current, complete and accurate, and You must promptly contact IPLytics.io if Your credit card is lost or stolen, or if You become aware of a potential breach of account security (such as an unauthorized disclosure or use of Your IPLytics.io username or password).
You authorize us to obtain or determine updated or replacement expiration dates for Your credit card in the event that the credit card You provided us expires. We reserve the right to charge any renewal card issued to You to the same extent as the expired card. If payment is not received from Your credit card issuer, You agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of Your credit card may charge You a foreign transaction fee or related charges, which You will be responsible to pay. Please check with Your bank and credit card issuer for details.
III.VII Account cancellation
You may cancel Your Plan upon 30 days notice by either calling us and speaking to an authorized account representative or sending an email to billing@IPLytics.io.
For clarity, if You cancel Your plan prior to the conclusion of Your current subscription period, You will remain responsible for payment for all subscription fees through the conclusion of Your current subscription period. If You cancel Your Plan, You will lose all access, upon the expiration of Your current pre-paid period, to the Service and any data or information stored in Your account.
IV. Intellectual Property Rights
IV.I Customer Data
As between the parties, Customer shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to IPLytics.io. This Agreement does not grant us any ownership rights to or Customer Data. Subject to the terms of this Agreement, Customer hereby grants to IPLytics.io a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Service to Customer.
IV.II Proprietary Rights
The Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You are permitted to use the Service for Your personal, non-commercial use, or legitimate business purposes related to Your role as a customer of IPLytics.io.
Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, You will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of the Service; (ii) rent, lease or sublicense access to any of the Service; or (iii) circumvent or disable any security or technological features or measures of the Service.
If You use any part of the Service in breach of this Agreement, Your right to use the Service will cease immediately and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Service or any content on the site is transferred to You, and all rights not expressly granted are reserved by the Company. Any use of the Service not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
If we make Response Data available to you, then you may only use that Response Data in connection with your use of the Service (unless, of course, you have a source other than the Service for such Enrichment Data.) The Response Data we provide may be provided from or through third party service providers or public sources.
IV.III Feedback
Customers, from time to time, may submit comments, questions, suggestions or other feedback relating to any IPLytics.io product or service to IPLytics.io (“Feedback“). IPLytics.io may freely use or exploit Feedback in connection with any of its products or services.
V. Prohibited Uses and Restrictions
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
Store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on the Service, or compile or collect any such content as part of a database or other work.
To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.
Additionally, you agree not to:
Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including to monitor or copy any of the material on the Service.
Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Service.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
Attack the Service via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Service.
Customer shall be responsible for compliance with all terms of service and privacy policies of all third party products and service providers that Customer requests IPLytics.io to supply with data, or from whom Customer provides IPLytics.io with data (collectively, “Third Party Platforms”). Without limiting the foregoing, Customer agrees to comply with third party terms of service and privacy policies for all third party analytics providers and other services that IPLytics.io provides with data at Your request, or that you request to provide IPLytics.io with data. IPLytics.io is not responsible for any act or omissions of any Third Party Platform. Customer shall also be responsible for maintaining the security of the Third Party Platforms, its account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of the account or the Third Party Platforms with or without Customer’s knowledge or consent.
VI. Customer Data and Privacy
VI.I Customer Data
Our Service enables you to collect data about how Your customers and other users (Your “Users”) use and interact with Your website, services and applications on which You have integrated Our Service (including without limitation User name, postal address, e-mail address, IP address and phone number). We enable You to specify the Customer Data that You collect, and, at Your direction, to pass that data into the Service, and to and from a variety of third-party tools and services. IPLytics.io may also store Customer Data in connection with the Service. IPLytics.io is not responsible for inspecting the Customer Data that it collects, and collects such information automatically under Your direction when providing Our Service.
Customer acknowledges that IPLytics.io exercises no control whatsoever over the content of the information (including Customer Data) passing through IPLytics.io’s systems and networks in connection with providing the Service. Customer will be responsible for the accuracy, quality and legality of Customer Data and the means by which Customer acquired the Customer Data.
We collect, store, and use Your Customer Data on Our servers to provide You with the Service. Customer acknowledges that Customer Data transmitted through the Service may be stored and processed by IPLytics.io in the United States or in other countries in which IPLytics.io or its subcontractors maintain facilities. We only share User information as You direct and with others detailed in our Website Privacy Notice (www.ipytics.io/privacy).
VI.II Privacy Responsibilities
Customers will comply with all Laws including those that relate to individual third party privacy and publicity rights.
Customer will be solely responsible for the operation of all websites and applications owned or operated by Customer when Customer uses the Service. Customer will include clear and conspicuous notice consistent with all Laws on its websites, mobile and tablet applications that (i) discloses (and, where legally required, obtains consent to) its practices with regard to cookies, targeting and online behavioral advertising, specifically addressing its data collection, use and disclosure practices (including that by visiting Customer’s site third parties may place cookies on end user browsers for this purpose, the types of data that may be collected for targeted advertising, and data collected may be used by third parties to target advertising on other sites or applications based on the end users’ online activity); and (ii) informs users that they may opt-out from IPLytics.io experience personalization and targeted advertising by visiting the opt-out page at www.IPLytics.io/optout.
VI.III No Sensitive Personal Information
Customer specifically agrees not to use the Service to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that IPLytics.io is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Service is neither HIPAA nor PCI DSS compliant. IPLytics.io shall have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.
IPLYTICS.IO WILL HAVE NO LIABILITY IN CONNECTION WITH, AND CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD IPLYTICS.IO HARMLESS WITH RESPECT TO: (A) CUSTOMER’S FAILURE TO PROVIDE NOTICES REQUIRED BY LAW TO ITS END USERS REGARDING ITS PRIVACY PRACTICES, (B) FOR THE COLLECTION, USE OR DISCLOSURE OF DATA AS CONTEMPLATED IN THIS AGREEMENT, OR (C) DATA SECURITY OR DATA USE IF IPLytics.io ACTS AT CUSTOMER’S EXPLICIT DIRECTION.
VII. General Legal Terms
VII.I Confidentiality
The Receiver will: (i) protect the confidentiality of the Confidential Information using the same degree of care that it uses with its own confidential information of similar nature, but with no less than reasonable care, (ii) not use any Confidential Information for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information to any third party (except our third party service providers), and (iv) limit access to Confidential Information to its employees, contractors, advisors and agents. Upon notice to the Discloser, the Receiver may disclose Confidential Information if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process.
VII.III Publicity
You grant us the right to add your name and company logo to our customer list and website.
IPLytics.io Contact Information
IP Lytics, LLC.
712 H ST NE
Washington, DC 20002
VIII. Disclaimer of Warranties, Limitations of Liability and Indemnification
You acknowledge that You have only a limited, non-exclusive, non-transferable license to use the Service. Because the Service is in beta version only and is not error or bug free, You agree that You will use it carefully and avoid using it in ways which might result in any loss of Your or any third party’s property or information.
Your use of IPLytics.io is at Your sole risk. The service is provided on an “as is” and “on available” basis. In particular, You acknowledge that technical support is only provided in only available via email, or chat in English; that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service; that the technical processing and transmission of the service, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
We do not warrant that (i) the service will meet Your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the service will meet Your expectations, and (v) any errors in the service will be corrected.
You expressly understand and agree that IPLytics.io 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 IPLytics.io has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of Your transmissions or data; (iii) statements or conduct of any third party on the service; (iv) or any other matter relating to the service.
You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from Your violation of this Agreement or Your use of the Service, including, without limitation, any use of the Service other than as expressly authorized in this Agreement.
IX. Governing Law and Jurisdiction
IX.I Applicable Law
These Terms of Service and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over You other courts and to venue in such courts.
X. Waiver and Severability
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between You and IPLytics.io and governs Your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Feedback
We welcome any comment, question and communication at support@IPLytics.io
