These Terms of Service (the “Terms”) listed below constitutes the entire agreement between the Customer or You and Apipheny (”Apipheny” or “we,” “our” or “us” ), regarding your use of our services specified in the Terms (the software, and services are collectively referred to as the “Service”). Please read these Terms carefully. The term “you” shall also include your employees or other authorized users to the extent applicable and permitted under your subscription of the Service.
The Service is a data analytics solution that helps customers collect their online data to create reports.
The Service is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms.
We may at our sole discretion offer you free trials for selected features of the Service or a limited time trial period of the entire Service. Once your free trial period ends, your ability to access the Service will terminate. Apipheny reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice at our sole discretion.
Access to selected features of the Service, or access to the entire Service, may be provided to you free of charge. We will charge fees for certain features, either on a one-time or a subscription basis (“Paid Services”). Apipheny reserves the right to implement fees or change the fees for certain services at any time by providing you notice on the Service or otherwise. When you purchase any Paid Services, you authorize Apipheny or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. If Apipheny does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and Apipheny may suspend your access to the Services until full payment is received or terminate the Terms of Service. All sales are final and Apipheny will not issue refunds, including for prepaid monthly fees. If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is your responsibility. Apipheny does not refund automatic payments not cancelled in time.
Your right to use the Service is personal, limited to your internal business purposes, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms at all times, including your timely payment of all applicable fees for the Services.
Licenses for our Service is restricted to a single user. There may be additional restrictions on purchased licenses and restrictions may change from time to time. We will take every step to inform you of impending changes in a timely manner. Special license usage terms and/or restrictions may be entered into with Apipheny through a separate agreement and/or contract that will override these Terms.
Without limiting the generality of the foregoing, you will not:
a) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
b) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service;
c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
d) deep-link to any portion of the Service for any purpose without our express written permission;
e) “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website or app without our prior written authorization; or
f) violate any applicable local, provincial, national, or international law or regulation.
We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms or you are otherwise abusing the Service.
7.1 The Service allows you to gather data from multiple third-party data sources and services, including various third-party APIs (jointly “Third-Party Services”). The Third-party Services from which the data can be gathered are selected by the User at the User’s sole discretion. Apipheny may change The Service that allows the gathering of data sources in accordance with Section 8. Notwithstanding the above, Apipheny may always discontinue Third-Party Services if the service providers of the Third-Party Services in question discontinue the relevant services.
7.2 Apipheny assumes no liability whatsoever for the data or other content collected from Third-Party Services. You are solely responsible for ascertaining that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service. The Service may be used as an add-on to various Third-Party Services and software. We do not assume any liability for such Third-Party services or software, and you are exclusively responsible for obtaining any necessary licenses or consents needed for their use. You must familiarize yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such Third-Party Services and you agree to comply with such third-party terms and conditions in addition to the terms of these Terms.
7.3 Furthermore, the Service may contain links to Web pages and content of third parties as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over any third-party content. We undertake no responsibility to update or review any third-party content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party content or service provider to which you navigate from the Service. You access and use third-party content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
7.4 Our Service requires access and information from your Google Account and your Google Docs Account. You can view access and information requirements, as well as revoke Apipheny’s right to access your data at any point from your Google account control panel (https://security.google.com/settings/security/permissions).
Apipheny reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
Apipheny may engage subcontractors to perform the Service under the Terms.
10.1 Your account and subscription of the Service remains in effect unless you terminate it or unless Apipheny terminates your account as provided by these Terms. Your account and subscription of the Service may, depending on your choice, be automatically renewable or valid for a fixed period.
Term of the Terms of Service regarding Paid Services enters into force when we have received payment from your credit card provider. If the Service is provided to you free of charge, the Term of the Terms of Service enters into force upon your trial license creation and/or account registration.
If your subscription is automatically renewable, your subscription to the Service will remain in effect and will be renewed automatically at the end of each subscription period unless you terminate your subscription or we terminate it.
If your subscription is made for a fixed period and/or not automatically renewable, your subscription will automatically terminate at the end of the agreed subscription period.
Separate written order forms or contracts for the Service may have special adherence terms regarding renewal and defined advance notice periods for termination.
Upon the termination or expiration of your subscription, you must immediately stop using the Service and must destroy any copies of the same in your possession.
10.2 If Customer’s continued use of the Service may result in material harm to Apipheny, its subcontractors, affiliates, or another customer of the Service, Apipheny may block or restrict Customer’s access to the Service, always provided that Apipheny does not adopt or undertake more far-reaching measures than is justified under the circumstances.
10.3 In addition, Apipheny is entitled to suspend an individual user’s continued use of the Service if the individual user has submitted information to the Service in breach of applicable legislation or otherwise used the Service in breach of the Terms.
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding Customer Data and other material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us and our subcontractors and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
12.1 Apipheny, the Apipheny logos, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Apipheny and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
12.2 Unless You provide us with written notice to the contrary or of any reasonable restrictions or requirements, you agree that Apipheny may use your name(s) and logo(s) in the Apipheny website, press releases, promotional and sales literature, customer/prospect presentations, lists of customers, and/or other similar situations in accordance with good marketing practices.
13.1 We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service, and any services available in connection with the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All copying, distribution or other use of the Service or any third-party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders.
If we share non-public information about the Service with you, you must keep it confidential and use reasonable security measures to prevent unauthorized disclosure of or access to that information.
15.1 Apipheny will process personal data as both 1) data controller; and 2) data processor.
15.2 As a data controller, we process personal data about you when you sign up for the Service or when you otherwise provide personal information to us in the context of these Terms.
15.3 As a data processor, we process such personal data which you have provided to us (including collected or generated through the use of the Service) for the purpose of providing the Service.
16.1 Customer, its subsidiaries, affiliates and customers retain all rights pertaining to all data, personal data or other information that Customer, or another party on Customer’s behalf, provides to Apipheny for the purpose of providing the Service (“Customer Data”). For the avoidance of doubt, Customer Data is considered Confidential Information.
16.2 You will defend, indemnify and hold harmless Apipheny, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of any claims or actions by any third party that relates to an actual or alleged infringement of a third party’s intellectual property rights by the Customer Data.
Your use of the service, including, without limitation, your use of any content accessible through the service and your interactions and dealings with any service users, is at your sole risk. Apipheny does not warrant uninterrupted use or operation of the service or your access to any content. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding Apipheny that is not expressly stated in these Terms.
However, Apipheny warrants that it will perform its obligations in a professional manner and the Service shall performed in accordance with the methods normally applied by a well reputed service provider.
Neither party nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Apipheny or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use the Service or any content. Apipheny’s maximum total liability towards the other party and its suppliers and licensors for all claims under these Terms or otherwise in relation to the Service, whether in contract, tort, or otherwise, is limited to 100 USD.
Any limitations of liability under this Section 18 shall not apply in the event of death, personal injury, damage to third party property, liability in accordance with Section 14 (Confidentiality) or in the event of willful conduct or gross negligence.
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service including marketing communications.
These Terms shall be governed and construed in accordance with the laws of the United States of America, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the United States Chamber of Commerce. The seat of arbitration shall be San Francisco, California. The number of arbitrators shall be one. The language of the arbitration shall be English.
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. Apipheny may change the content of these Terms, subject to posting a notice of change in its web page.
If you have any questions or concerns about the Service, or these Terms, you may contact Apipheny at firstname.lastname@example.org