Your access to and use of the Service means you accept and agree to be bound by these Terms. If you disagree with any part of this TOU or are unable to comply with it, you do not have permission to access or use the Service.
If you use the Service on behalf of an entity, such as a corporation or partnership, then that entity is the customer and your access or use of the Service means you have the authority to enter into this agreement on their behalf.
We reserve the right to change or update the TOU at any time without prior notice.
The Service includes information, software, products, programs, designs, technologies, processes, trademarks, inventions, materials, and services for the creation, consumption and management of advanced analytics.
The Service operates under the name Agilytics and is wholly owned by ASA Corp. and/or it’s licensors and service providers except where stated otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell the Service.
To access and use the Service, you may be required to create an account online and provide personal information such as your real name, phone number and email address.
Parts of the Service available online as software as a service (SaaS) or on-premise as installed software are collectively referenced as software (‘Software’). Software is covered by a license agreement that must be agreed to during the installation process and when using the Software. If you do not agree with the License Agreement you may not install or use the Software.
Parts of the Service available as White Glove Delivery or professional services (‘Pro Services’) may require a Subscription, Software or additional agreements, such as a statement of work and price schedule.
A trial of the Service (‘Trial’) may be made available to you at no charge. A Trial is to help you determine if the Service performs as expected, and if your evaluation is positive, you will become a paying customer of ours. It is a special arrangement built on trust and you must meet certain criteria and be willing to engage with us in order to qualify for a Trial. For example, in addition to your interest in the Service, you must also possess the ability and the means to become a paying customer.
You may not use a Trial for any other reason, including but not limited to competitive analysis, commercial or for-profit activities, or to enhance your professional profile by claiming skills or experience with the Service. We have the right to terminate your Trial at any time and without notice.
A Trial requires creating an account online and providing certain personal information such as your real name, company, phone number and a valid email address. We will not ask for billing information for a Trial. You may be required to download and install Software. At the end of the Trial if you do not become a paying customer, certain areas of the Service will no longer be accessible to you, and/or the Software used for the Trial will not open or operate for you, and/or projects or work created during the Trial will be in accessible or made inactive. Additionally, if you downloaded and installed Software, you must uninstall the Software and permanently delete those files. To regain access to the Software, the Service and/or associated projects, you must become a paying customer, at which time all of the terms and conditions in this agreement will apply in full.
The Service is billed for based on accepted orders, and payment is expected accordingly. If payment is not received as agreed to, you will be unable to benefit from the Service. We reserve the right to prevent you from accessing and using the Service using appropriate measures including but not limited to: suspending your account, revoking Software activation, deactivating services, and permanently terminating your account.
You agree to pay all charges for your use of the Service and in accordance with your country of residence. We reserve the right to change prices or institute new charges at anytime. Continued use of the Service or non-cancellation of your account after changes are posted constitutes your acceptance of the new prices or charges.
Fees paid in advance are non-refundable. Unused allowances, such as the number of Agilytics Services permitted per month in a price plan, are not refundable. Failure to use your account is not a basis for refusing to pay your account balance and any charges submitted by us to you.
If you are located in Pennsylvania you will be charged 7% sales and use tax.
We reserve the right to refuse or cancel your account at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The Service may be updated or changed at anytime. We may experience delays in communicating that the Service has been changed or updated. The information found on the Service may contain errors or inaccuracies, or may be incomplete or not current. We cannot guarantee the accuracy or completeness of any information found on the Service. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
From time to time we may offer contests, sweepstakes or special promotions (collectively ‘Special Promotions’) that maybe governed by rules that are separate from these Terms. If you participate in a Special Promotion, please review the applicable rules. If the rules for a Special Promotion conflict with these Terms, the Special Promotion rules will apply.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is true, accurate, complete, and current. Fake, inaccurate, incomplete, or non-current information may result in the immediate termination of your account on the Service.
You are wholly responsible for maintaining the confidentiality of your user name, password, pin, and security questions (‘Login Credentials’) and other such information, including but not limited to restricting access to your computer and/or account.
You agree to accept full responsibility for any and all activities or actions that occur under your account and Login Credentials. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account and/or Login Credentials.
We will not be liable for any loss that you may incur as a result of someone else using your account and/or Login Credentials, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or Login Credentials.
Your account and Login Credentials may not use the name of another person, or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person, or entity other than you without appropriate prior authorization, or offensive, vulgar or obscene words or information.
We reserve the right to refuse access, refuse service, terminate accounts, remove or edit content, or cancel orders as we deem appropriate or necessary.
The Service, including Software, and its original content, features and functionality are and will remain our exclusive property and that of our licensors. The Service is protected by copyright, trademark, intellectual property laws and other laws of both the United States and foreign countries. You agree that you will not use the Service to infringe on any of these rights and that our trademarks and trade dress may not be used in connection with any product, service,advertising or the like without our prior written consent.
Our Service may contain links to third party web sites or services that are not owned or controlled by us.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever and without limitation, including but not limited to a breach of this TOU.
All provisions of the Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right to suspend or terminate the Service if we, in our sole discretion, believe that the Service is used for a purpose that is unlawful or prohibited by this TOU.
Any termination of your account shall not relieve you from any amounts owed or any other liability accruing under this TOU prior to the time that such termination becomes effective.
You agree to defend, indemnify and hold harmless ASA Corp. and our employees, contractors, agents, officers, directors, partners, suppliers or affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
In no event shall ASA Corp., nor our employees, contractors, agents, officers, directors, partners, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
ASA Corp. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict of law.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding the Service, and supersede and replace any prior version of the TOU for the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will attempt to provide notice prior to any new terms taking effect. What constitutes a material change will be our choice and determined by us.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us by emailing: info "at" agilytics.com and please use ‘Billing Question’ in the subject line.