Terms of Service
April 1st, 2018
By using the qanion.com/analytics/ or analytics.qanion.com web site (“Service”), or any services of CEMBRO (“CEMBRO”) (and ‘Service’ shall include such professional services as set out in a statement of work agreed between you and CEMBRO pursuant to these Terms), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
“Qanion™ Analytics” is a service of CEMBRO AB, located at Tomtebogatan 21, SE113 39, Stockholm, Sweden. Qanion™ Analytics is a service provided by CEMBRO AB which is the legal entity representing CEMBRO. Those Terms of Service are specific to the use of Qanion™ Analytics and are not related to the use of any other service provided by CEMBRO AB.
CEMBRO reserves the right to update and change the Terms of Service at any 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: https://www.cembro.com/terms-of-use.Violation of any of the terms below will result in the termination of your Account. While CEMBRO prohibits such conduct and Content on the Service, you understand and agree that CEMBRO cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
These Terms of Service apply to you when you use the Service, including the apps on the Service.
A. Account Terms
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- 1 Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. CEMBRO cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Use of Application Software Products
CEMBRO provides the use of various application software products that are the property of their respective owners.
- By using an application software product on Qanion™, you agree to be bound by the terms of service and/or license of the relevant product owner and/or product. The terms of service and/or license of the owner(s) of the application software products provided on CEMBRO can be read in Annexure A to these Terms of Service.
C. API Terms
Customers may access their CEMBRO 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 CEMBRO, is bound by these Terms of Service plus the following specific terms:
- You expressly understand and agree that CEMBRO 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 CEMBRO 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.
- Abuse or excessively frequent requests to CEMBRO via the API may result in the temporary or permanent suspension of your account’s access to the API. CEMBRO, in its sole discretion, will determine abuse or excessive usage of the API. CEMBRO will make a reasonable attempt via email to warn the account owner prior to suspension.
- CEMBRO 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.
D. Payment, Refunds, Upgrading and Downgrading Terms
- All paid plans must enter a valid credit card.
- An upgrade between plans for applications provided by CEMBRO will bill you in accordance with the conditions of the newly selected plan. Change of plans are effective immediately and the billing of the current invoicing period is calculated with a pro-rata of the old plan and the new plan. For applications provided by third party providers, please refer to their respective terms and conditions.
- The Service is billed on a monthly basis, in accordance with the conditions of the contracted plan and the value used on the Service and is non-refundable. There will be no upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- CEMBRO’s billing period runs from the 25th of each calendar month until the 24th of the following calendar month. Invoices will be sent to customers within 5 days following the monthly closure (24th). All credit cards will be invoiced on the 2nd of each calendar month following the elapsed billing period.
- 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.
- Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less)
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of content, features, or capacity of your Account albeit CEMBRO will endeavour to apply best practices to prevent such an event. CEMBRO does not accept any liability for such loss.
E. Cancellation and Termination
- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account by sending us an email request to cancel your account. Upon verification, we will notify you of the date of the cancellation of your account within 48 hours of such notification, which will then constitute cancellation.
- All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
- At the termination of your account, CEMBRO will charge your credit card with any outstanding amount left unpaid on your account. All clauses of this contractual agreement remain valid and active until all due amounts have been paid.
- CEMBRO, 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 CEMBRO 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. CEMBRO reserves the right to refuse service to anyone for any reason at any time. CEMBRO will make a reasonable attempt via email to warn the account owner prior to suspension.
F. Modifications to the Service and Prices
- CEMBRO 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 notice provided by email in a reasonable timeframe preceding the discontinuation.
- 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 notice may be provided at any time by posting the changes to the Qanion Analytics Site (qanion.com/analytics/ or analytics.qanion.com) or the Service itself.
- CEMBRO shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
G. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you set your pages to be viewed publicly or give right to third parties to access your Content, you agree to allow others to view your Content.
- You shall defend CEMBRO against any claim, demand, suit or proceeding made or brought against CEMBRO by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriate the intellectual property rights of a third party or violates applicable law, and shall indemnify CEMBRO for any damages finally awarded against, and for reasonable attorney’s fees incurred by, CEMBRO in connection with any such claim, demand, suit or proceeding; provided, that CEMBRO:
- promptly gives You written notice of the claim, demand, suit or proceeding;
- gives You sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases CEMBRO of all liability) and
- provides to You all reasonable assistance, at Your expense.
- Notwithstanding any other provision of this Agreement, you agree that CEMBRO shall be entitled to use and disclose any data, information and feedback arising from your use of the Service, subject to such data being anonymized and such use and disclosure being in compliance with applicable Privacy Laws. “Aggregate/Anonymous Data” means: (i) data generated by aggregating Customer Data with other data so that results are non-personally identifiable with respect to Customer or its Visitors and (ii) anonymous learnings, logs and data regarding the use of CEMBRO’s Service(s).
H. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
- You understand that CEMBRO uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- 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, CEMBRO, or any other CEMBRO service.
- You may use CEMBRO subdomains (e.g., yourname.CEMBRO.co) solely as permitted and intended by the CEMBRO Pages tool to host your company pages, personal pages, or open source project pages, and for no other purpose. You may not use CEMBRO subdomains in violation of CEMBRO’s trademark or other rights or in violation of applicable law. CEMBRO reserves the right at all times to reclaim any CEMBRO subdomain without liability to you.
- 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 CEMBRO.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CEMBRO customer, employee, member, or officer will result in immediate account termination.
- 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.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by CEMBRO) of other CEMBRO customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. CEMBRO will make a reasonable attempt via email to warn the account owner prior to engaging such actions.
- CEMBRO does not warrant that
- the service will meet your specific requirements
- the service will be uninterrupted or error-free
- the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
- any errors in the Service will be corrected.
- You expressly understand and agree that CEMBRO 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 CEMBRO has been advised of the possibility of such damages), resulting from:
- the use or the inability to use the service
- 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
- unauthorized access to or alteration of your transmissions or data
- statements or conduct of any third party on the service;
- or any other matter relating to the service.
- The failure of CEMBRO 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 CEMBRO and govern your use of the Service, superseding any prior agreements between you and CEMBRO (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Singapore law.
- Fair usage policy applies to CEMBRO’s service, including any free trial; any improper usage of the free trials may lead to the suspension of your account at CEMBRO’s sole discretion.
- Questions about the Terms of Service should be sent to email@example.com
I. Special Offers, Promo Codes and Starter Packs
- CEMBRO may issue from time to time promotional offers and promotional codes. The issue of such codes and offers is at the sole discretion of CEMBRO.
- The offers and codes are valid for a limited period of time only and for specific locations, as specified in the offer’s description and/or advertisement.
- CEMBRO reserves the right to modify the content of promotional offers at any time without notice.
- All promotional offers come with applicable conditions. If not directly described in the offer, the conditions are as follows:
- The offer is unique for each company.
- Offers are not cumulative and cannot be applied simultaneously to a given company.
- Offers related to services (Such as “data upload” for instance) are limited to services requiring less than 1 hour of involvement of a CEMBRO’s support staff member. Services exceeding this duration are considered out of the scope of any promotional offer.
- Any promotional offers are conditioned by the current Terms of Service of the CEMBRO service. CEMBRO reserves the right not to implement a commercial offer, should it be assessed as its sole discretion that implementing the offer will go against any point of the present Terms of Service.
- When contacted by a customer wanting to benefit from a promotional offer, CEMBRO will inform whether the service required fits within the promotional offer, in regards with points 4 and 5 above and may at its sole discretion elect not to provide the service proposed in the promotional offer.
J. Intellectual Property
- All Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of CEMBRO.
- All Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of Services rendered on CEMBRO when due. You grant CEMBRO a licence to use, copy, transmit, store, and back-up. Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to the provision of services to You.
- You must maintain copies of all Data inputted into the Service. CEMBRO adheres to its best practice policies and procedures to prevent data loss, including at minimum a system data back-up regime, but does not make any guarantees that there will be no loss of Data. CEMBRO expressly excludes liability for any loss of Data no matter how caused.
- CEMBRO can attempt to restore Your Data if there is any loss or damage but does not guarantee successful restoration of all Your data or in its most recent state. This process will take at minimum one business day to complete. If the loss or damage of Your Data has been caused by You, there will be a cost associated with this service.
- If You decide to terminate your Service with CEMBRO you will be able to take Your Data with You. You can either export Your Data directly from the application(s) or ask our support team to assist you. Assistance provided by our support team may incur a cost depending on the amount of Data and hours required to complete the export of Your Data.
- When closing your account on Qanion Analytics, Your data and all copies of it will be deleted. This is an irreversible action.