Terms of Service

Terms of Service

By using the statr.co or www.software-statistics-service.com web site (“Service”), or any services of ELEKS ltd. company, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

ELEKS ltd.  reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.software-statistics-service.com/terms-of-service  or statr.co/terms-of-service

Violation of any of the terms below will result in the termination of your Account. While ELEKS ltd. prohibits offensive conduct and Content on the Service, you understand and agree that ELEKS ltd. is not responsible for the Content posted on the Service and you may be exposed to such materials. You are solely liable for any material  and content that you publish, submit, transmit, or display on, through, or with our Service. You agree to use the Service at your own risk.

Account Terms

1.   You must be 18 years or older to use this Service.

2.   You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

3.   You must provide a valid email address, and any other information requested in order to complete the signup process.

4.   You are responsible for maintaining the security of your account and password. ELEKS ltd.  cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5.   You automatically agree to get notification-emails on any activity within your account or system changes within our Service.

6.   You are responsible for all Content posted and activity that occurs under your account.

7.   Conduct and Content deemed offensive by ELEKS ltd. is not permitted.

8.   You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

9.   A breach or violation of any of the Account Terms as determined in the sole discretion of ELEKS ltd. will result in an immediate termination of your services.

General Conditions

You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a user of STATR.

1.   Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

2.   Technical support is only available via email.

3.   You understand that ELEKS ltd. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4.   You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ELEKS ltd., or any other ELEKS ltd. service.

5.   You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ELEKS ltd..

6.   We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

7.   Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ELEKS ltd. customer, employee, member, or officer will result in immediate account termination.

8.   You understand that the technical processing and transmission of the Service, including your Content, 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. This does not include payment information, which is transferred encrypted.

9.   You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

10.  You must not transmit any worms or viruses or any code of a destructive nature.

11.  ELEKS ltd. does 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.

12.  You expressly understand and agree that ELEKS ltd. 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 ELEKS ltd. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

13.  The failure of ELEKS ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ELEKS ltd. and govern your use of the Service, superseding any prior agreements between you and ELEKS ltd. (including, but not limited to, any prior versions of the Terms of Service).

14.  Questions about the Terms of Service should be emailed to support centre [at] hello@statr.co.

Payment, Refunds, Upgrading and Downgrading Terms

1.   All prices are represented and made in United States Dollars (USD).

2.   A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.

3.   The Service is billed in advance every 30 days and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

4.   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 only United States (federal or state) taxes.

5.   For any upgrade in plan level, your credit card that you provided will automatically be charged a prorated amount for the new plan and you will immediately have the benefits of the new plan.

6.   For any downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

7.   Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ELEKS ltd. does not accept any liability for such loss.

8.   Unauthorized Use of Service. Customer shall not directly or indirectly: (i) exceed an average of 100 Data Points or 150 Data Points (Enterprise Edition) per Monthly Active User in a month, or a fee of $100 per one million additional Data Points will be applied; (ii) use unique values or a continuous set of values as inputs to event attributes, (iii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iv) bypass any privacy settings or measures Localytics may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (v) run mail list, Listserv, any form of auto-responder or “spam” on the Service; or (vi) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

API Terms

Customers may access their STATR account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses STATR, is bound by the terms of this agreement plus the following specific terms:

1.   You expressly understand and agree that ELEKS ltd. 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 ELEKS ltd. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

2.   Abuse or excessively frequent requests to STATR via the API may result in the temporary or permanent suspension of your account’s access to the API. ELEKS ltd., in its sole discretion, will determine abuse or excessive usage of the API. ELEKS ltd. will make a reasonable attempt via email to warn the account owner prior to suspension.

3.   ELEKS ltd. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Cancellation and Termination

1.   You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Company Settings link at the top of the screen. The Company Settings screen provides a simple no questions asked cancellation link.

2.   All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.

3.   If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

4.   ELEKS ltd., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ELEKS ltd. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ELEKS ltd. reserves the right to refuse service to anyone for any reason at any time.

5.   ELEKS ltd. reserves the right to modify or terminate the STATR service for any reason, without notice at any time.

Modifications to the Service and Prices

1.   ELEKS ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2.   Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notification may be provided at any time by posting the changes to the STATR site (statr.co or www.software-statistics-service.com ) or the Service itself.

3.   ELEKS ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Third Party Content

Our Service may contain third party information on products, services, websites or some other valuable data, including personal information (in further use, ‘Third Party Content’). We do not verify and control Third Party Content and do not guarantee the quality, accuracy, or integrity of such Third Party Content. We do not endorse, and are not liable or responsible for performance of any Third Party Content, or any materials or information presented or advertised in any Third Party Content. By using our Service, you may be exposed to content that is offensive, obscene, or disputable. We are not liable or responsible, in any way directly or indirectly, for any loss or damage provoked to you by your usage of or reliance on any products, services, or available information on or through any Third Party service or Third Party Content. It is solely your responsibility to estimate the information, advice, opinion, or other type of content available on and through our Service.

Testimonials

We may ask you to provide testimonials, suggestions, and ideas about our Service (in further use, “Testimonials”). You agree that , in our sole discretion, we may use the Testimonials you provide us with in any way and form (i.e., prospective enhancements and modifications to our Service). Hereby, you allow us and our assigns a fully transferable, worldwide, irrevocable, unlimited free license and the right to use, reproduce, modify, distribute, and display the Testimonials in any form and manner, for any purpose, in any software, media, or technology of any type existing or developed in the future, without any necessity or obligation to provide compensation or attribution to you or any third party.

Copyright and Content Ownership

1.   We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

2.   ELEKS ltd. does not pre-screen Content, but ELEKS ltd. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

3.   The look and feel of the Service is copyright © 2013-2014 ELEKS ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from ELEKS ltd.

Last Modified: March 14,  2014