Terms of Service

PTERO TERMS OF SERVICE

Effective Date: December 21, 2015.

This Terms of Service document (“TOS”) is a legal agreement between you and Preact, Inc., d/b/a Ptero (“Ptero” or “us”), and governs how you may use and manage your Ptero account and the Service you receive via that access. When you establish an account with us, you are confirming your understanding of and agreement with these Terms and the license granted herein. Any rights not expressly granted herein are reserved by Ptero.

For all questions about how we use the information we obtain through your use of the Site and Services, please review our Privacy Policy. By using the Site and Service, you agree to also be bound to the Privacy Policy.

  1. Service Description.

For the purposes of this TOS, the term “Service” means theonline customer analytics toolset that enables Ptero users to analyze Customer usage data (“Data”) to determine how their Customers utilize their online products and services. For the purposes of this TOS, the term “Customers” refers to the end users of any Ptero user’s product or service.

Data may be accessed through the Ptero web application, application programming interface (API), mobile apps, or such other manner as Ptero may make available to you from time to time.

  1. Licenses.
  1. Our License to You:
Ptero hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or us. We reserve the right to immediately terminate your license if you use the Service in breach of the terms set forth herein. Ptero retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Ptero.
  1. Your License to Us:
You may choose to provide, post, or make accessible certain data or information about you, your employees, Customers, or any third party to Ptero, and we may store such Data on your behalf, all in connection with your use of the Service. You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licenseable and transferable right to use, distribute, process, store, copy, reproduce, reformat, adapt, translate, modify, create derivative works of and otherwise exploit your Data but only for the limited purposes of providing and improving the Service, in each case pursuant to our Privacy Policy. This license also extends to any third parties that we work with to the extent necessary to provide the Service to you. If you post or submit comments, questions, answers, testimonials, or any other content on our website (“Content”), you agree that we may copy, distribute, display, publish, modify, or translate your Content for any purpose and in any medium worldwide without any obligation to compensate in any way for any such use.
  1. General Prohibitions. You may not do any of the following:
  1. Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the website or Service;
  2. Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the website or Service;
  3. Interfere with or disrupt the website, or servers and networks connected to the website, or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service;
  4. Allow any third party to use the Service under your account, share your password or other account information with anyone outside your own organization, create additional accounts for any reason whatsoever, or use the account of anyone other than your own;
  5. Modify the website or Service in any manner or form, or use modified versions thereof;
  6. Sell, assign, sublicense, or otherwise transfer any right in the Service or content accessible through the website, or use the Service to analyze Data on behalf of any third party (including but not limited to any affiliates, or make the Service available to third parties in a service level environment;
  7. Disclose or publish the results of any benchmark tests run on the Service; (h) Use any robot, spider, scraper, or other automated means to access the Service for any purpose; (i) Take any action that imposes or may impose an unreasonable or disproportionately large load on the Ptero infrastructure; or
  1. Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
  1. Using the Service.

To utilize the Service, you must create an account by providing your full name, company name, email address, and password. The following terms apply to your use of the Service:

  1. Account Access: You are solely responsible for any activity that occurs in connection with your Account, whether or not authorized, and for maintaining the confidentiality of passwords and any other credentials used to access your Account, In the event you discover any unauthorized access and/or use of your account, you agree to immediately terminate such access and/or use, and to promptly notify us in writing.
  2. Third Party Services: If you use any third party service in connection with our Service (including services which use any API provided by us), you acknowledge that such third party service may access or use the Data. We will not be responsible for any act or omission of the third party, including such third party’s use of the Data. We do not warrant or support any such third party service, and you should contact that third party for any issues arising from your use of the third party service.
  3. End User Accounts: You acknowledge and agree
  1. not to exceed the aggregate number of user accounts authorized by your subscription level;
  2. that the login details assigned to each end user may only be used by that end user, and that multiple people may not share the same login details;
  3. to provide accurate and complete Account and login information;
  4. to keep, and ensure that End Users keep, all Account login details and passwords secure at all times, and
  5. ensure that any activities that occur in connection with your Account comply with this Agreement.
  1. Upgrading Your Account:

In the event you choose to upgrade your account in order to access additional functionality, you agree to pay any associated subscription fees using the credit card you provide as your payment method whenever such fees are due. Subscription fees are non-refundable except as expressly set forth in these Terms. If your credit card is declined for payment, you will not be able to access your account until you provide a new card or otherwise update the card we have on file.

UNLESS YOU TAKE ACTION TO CANCEL YOUR ACCOUNT BEFORE A CHARGE IS PLACED OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU.

  1. No Warranty.
The Service is provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the Service to achieve your intended results. EXCEPT AS OTHERSISE SPECIFIED HEREIN, PTERO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PTERO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PTERO DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION CONCERNING THE ACCURACY OF ANY INFORMATION, RESULTS, OR ADVICE THAT YOU OBTAIN THROUGH THE SERVICE OR REGARDING ANY DATA OR CONTENT IN AN ACCOUNT. IF YOU RELY ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY RESULTS OR OTHER INFORMATION PROVIDED BY THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply to you.
  1. Limitation of Liability.

In no event shall Ptero be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to:

  1. software glitches, server failures, power outages, or any other issue beyond Ptero’s control;
  2. any delays in or failure of the Service to operate as described;
  3. any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers;
  4. any damage to your website code or content resulting from your use of our API;
  5. damages or losses of any kind resulting from actions you take in reliance upon any results or other information provided by the Service; and
  6. any other damages or losses you may incur in connection with the Service.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.

  1. Indemnification:
When you use the Service, you will be sharing certain elements of Personally Identifiable Information (PII) of your customers with us to be analyzed. As set forth in our Privacy Policy, such information will be processed and stored by us on our servers until such time as you cancel your account. You are solely responsible for informing your customers about how you collect, use, and share their PII in accordance with applicable law, and agree to indemnify, hold harmless, and defend Ptero, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against us by any third party or regulatory agency that are associated with your use of the Service (including, but not limited to, claims concerning the sharing of PII), and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) that may be incurred by us in connection with any Claim subject to this section.
  1. Arbitration Agreement and Class Action Waiver.
You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, without limitation, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Ptero applying California law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
  1. Choice of Law; Forum:

This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in San Francisco, California, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes.

All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.

  1. Limitation of Actions.
Any claim or cause of action arising out of your use of the website or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Ptero to enforce or exercise any provision of this TOS or any related right shall not constitute a waiver of that right or provision.
  1. Modification and Notice of Changes:
We reserve the right to change, modify, add or remove portions of this TOS, without advance notice to you. We will notify you of any such changes by posting a notice on our website, and/or via email. The new TOS will reference the effective date at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
  1. Entire Agreement.
This TOS and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
  1. Severability.
If any provision of this TOS is found by a court or other binding authority to be invalid, the remaining provisions contained in this TOS shall continue in full force and effect.
  1. Violations.
Ptero reserves the right to take any action it deems appropriate if it determines, in its sole and absolute discretion, that you have violated this TOS. Such action may include cancelling your account, terminating your license to use the Service, or initiating civil or criminal legal proceedings.

If you have any questions or concerns regarding this TOS, please contact us.

Preact, Inc.
490 2nd Street, Suite 100
San Francisco, CA 94107
Contact@Ptero.com