Last updated: 05/24/2020
1. Introduction
Welcometo Measurely (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause,grab a cup of coffee and carefully read the following pages. It will take youapproximately 20 minutes.
TheseTerms of Service (“Terms”, “Terms of Service”) govern your useof our web pages located at https://www.measurely.io/ operatedby Measurely.
OurPrivacy Policy also governs your use of our Service and explains how wecollect, safeguard and disclose information that results from your use of ourweb pages. Please read it here https://www.measurely.io/privacy-policy.
Youragreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that youhave read and understood Agreements, and agree to be bound of them.
If youdo not agree with (or cannot comply with) Agreements, then you may not use theService, but please let us know by emailing at support@measurely.com so we cantry to find a solution. These Terms apply to all visitors, users and others whowish to access or use Service.
Thankyou for being responsible.
2. Communications
By creating an Account on our Service, youagree to subscribe to newsletters, marketing or promotional materials and otherinformation we may send. However, you may opt out of receiving any, or all, ofthese communications from us by following the unsubscribe link or by emailingat.
3. Purchases
If you wish to purchase any product orservice made available through Service (“Purchase”),you may be asked to supply certain information relevant to your Purchaseincluding, without limitation, your credit card number, the expiration date ofyour credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you havethe legal right to use any credit card(s) or other payment method(s) inconnection with any Purchase; and that (ii) the information you supply to us istrue, correct and complete.
We may employ the use of third party servicesfor the purpose of facilitating payment and the completion of Purchases. Bysubmitting your information, you grant us the right to provide the informationto these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel yourorder at any time for reasons including but not limited to: product or serviceavailability, 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 yourorder if fraud or an unauthorized or illegal transaction is suspected.
4. Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions(collectively, “Promotions”) madeavailable through Service may be governed by rules that are separate from theseTerms of Service. If you participate in any Promotions, please review theapplicable rules as well as our Privacy Policy. If the rules for aPromotion conflict with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed on asubscription basis (“Subscription(s)”).You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles areset either on a monthly or annual basis, depending on the type ofsubscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, yourSubscription will automatically renew under the exact same conditions unlessyou cancel it or Measurely cancels it. You may cancel yourSubscription renewal either through your online account management page or bycontacting Measurely customer support team.
A valid payment method, including creditcard or PayPal, is required to process the payment for your subscription. Youshall provide Measurely with accurate and complete billinginformation including full name, address, state, zip code, telephone number,and a valid payment method information. By submitting such payment information,you automatically authorize Measurely to charge all Subscription feesincurred through your account to any such payment instruments.
Should automatic billing fail to occur forany reason, Measurely will issue an electronic invoice indicatingthat you must proceed manually, within a certain deadline date, with the fullpayment corresponding to the billing period as indicated on the invoice.
6. Free Trial
Measurely may,at its sole discretion, offer a Subscription with a free trial for a limitedperiod of time (“Free Trial”).
You may be required to enter your billinginformation in order to sign up for Free Trial.
If you do enter your billing information whensigning up for Free Trial, you will not be charged by Measurely untilFree Trial has expired. On the last day of Free Trial period, unless youcancelled your Subscription, you will be automatically charged the applicableSubscription fees for the type of Subscription you have selected.
At any time and withoutnotice, Measurely reserves the right to (i) modify Terms of Serviceof Free Trial offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
Measurely,in its sole discretion and at any time, may modify Subscription fees for theSubscriptions. Any Subscription fee change will become effective at the end ofthe then-current Billing Cycle.
Measurely willprovide you with a reasonable prior notice of any change in Subscription feesto give you an opportunity to terminate your Subscription before such changebecomes effective.
Your continued use of Service afterSubscription fee change comes into effect constitutes your agreement to pay themodified Subscription fee amount.
8. Refunds
We issue refunds for Contracts withinfourteen (14) days of the original purchase of the Contract.
9. Content
Content found on or through this Service arethe property of Measurely or used with permission. You may notdistribute, modify, transmit, reuse, download, repost, copy, or use saidContent, whether in whole or in part, for commercial purposes or for personalgain, without express advance written permission from us.
10. Prohibited Uses
You mayuse Service only for lawful purposes and in accordance with Terms. You agreenot to use Service:
(a) In any way that violates anyapplicable national or international law or regulation.
(b) For the purpose ofexploiting, harming, or attempting to exploit or harm minors in any way byexposing them to inappropriate content or otherwise.
(c) Totransmit, or procure the sending of, any advertising or promotional material,including any “junk mail”, “chain letter,” “spam,” or any other similarsolicitation.
(d) To impersonate or attempt toimpersonate Company, a Company employee, another user, or any other person orentity.
(e) In any way that infringesupon the rights of others, or in any way is illegal, threatening, fraudulent,or harmful, or in connection with any unlawful, illegal, fraudulent, or harmfulpurpose or activity.
(f) Toengage in any other conduct that restricts or inhibits anyone’s use orenjoyment of Service, or which, as determined by us, may harm or offend Companyor users of Service or expose them to liability.
Additionally,you agree not to:
(a) Use Service in any mannerthat could disable, overburden, damage, or impair Service or interfere with anyother party’s use of Service, including their ability to engage in real timeactivities through Service.
(b) Use any robot, spider, orother automatic device, process, or means to access Service for any purpose,including monitoring or copying any of the material on Service.
(c) Useany manual process to monitor or copy any of the material on Service or for anyother unauthorized purpose without our prior written consent.
(d) Use any device, software, orroutine that interferes with the proper working of Service.
(e) Introduce any viruses, trojanhorses, worms, logic bombs, or other material which is malicious ortechnologically harmful.
(f) Attemptto gain unauthorized access to, interfere with, damage, or disrupt any parts ofService, the server on which Service is stored, or any server, computer, ordatabase connected to Service.
(g) Attack Service via adenial-of-service attack or a distributed denial-of-service attack.
(h) Take any action that maydamage or falsify Company rating.
(i) Otherwiseattempt to interfere with the proper working of Service.
11. Analytics
We may use third-party ServiceProviders to monitor and analyze the use of our Service.
Google Analytics
Google Analytics is a web analyticsservice offered by Google that tracks and reports website traffic. Google usesthe data collected to track and monitor the use of our Service. This data isshared with other Google services. Google may use the collected data tocontextualise and personalise the ads of its own advertising network.
For more information on the privacypractices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review theGoogle's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Cloudflareanalytics
Cloudflareanalytics is a web analytics service operated by Cloudflare Inc. Read thePrivacy Policy here: https://www.cloudflare.com/privacypolicy/
12. No Use By Minors
Service is intended only for access and use byindividuals at least eighteen (18) years old. By accessing or using any ofCompany, you warrant and represent that you are at least eighteen (18) years ofage and with the full authority, right, and capacity to enter into thisagreement and abide by all of the terms and conditions of Terms. If you are notat least eighteen (18) years old, you are prohibited from both the access andusage of Service.
13. Accounts
When you create an account with us, youguarantee that you are above the age of 18, and that the information youprovide us is accurate, complete, and current at all times. Inaccurate,incomplete, or obsolete information may result in the immediate termination ofyour account on Service.
You are responsible for maintaining theconfidentiality of your account and password, including but not limited to therestriction of access to your computer and/or account. You agree to acceptresponsibility for any and all activities or actions that occur under your accountand/or password, whether your password is with our Service or a third-partyservice. You must notify us immediately upon becoming aware of any breach ofsecurity or unauthorized use of your account.
You may not use as a username the name ofanother person or entity or that is not lawfully available for use, a name ortrademark that is subject to any rights of another person or entity other thanyou, without appropriate authorization. You may not use as a username any namethat is offensive, vulgar or obscene.
We reserve the right to refuse service,terminate accounts, remove or edit content, or cancel orders in our solediscretion.
14. Intellectual Property
Service and its original content (excludingContent provided by users), features and functionality are and will remain theexclusive property of Measurely and its licensors. Service isprotected by copyright, trademark, and other laws of the United States andforeign countries. Our trademarks and trade dress may not be used in connectionwith any product or service without the prior written consentof Measurely.
15. Copyright Policy
We respect the intellectual property rightsof others. It is our policy to respond to any claim that Content posted onService infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorizedon behalf of one, and you believe that the copyrighted work has been copied ina way that constitutes copyright infringement, please submit your claim viaemail to support@measurely.com, with the subject line: “Copyright Infringement”and include in your claim a detailed description of the alleged Infringement asdetailed below, under “DMCA Notice and Procedure for Copyright InfringementClaims”
You may be held accountable for damages(including costs and attorneys' fees) for misrepresentation or bad-faith claimson the infringement of any Content found on and/or through Service on yourcopyright.
16. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit anotification pursuant to the Digital Millennium Copyright Act (DMCA) byproviding our Copyright Agent with the following information in writing (see 17U.S.C 512(c)(3) for further detail):
(a) an electronic or physicalsignature of the person authorized to act on behalf of the owner of thecopyright's interest;
(b) a description of thecopyrighted work that you claim has been infringed, including the URL (i.e.,web page address) of the location where the copyrighted work exists or a copyof the copyrighted work;
(c) identificationof the URL or other specific location on Service where the material that youclaim is infringing is located;
(d) your address, telephonenumber, and email address;
(e) a statement by you that youhave a good faith belief that the disputed use is not authorized by thecopyright owner, its agent, or the law;
(f) astatement by you, made under penalty of perjury, that the above information inyour notice is accurate and that you are the copyright owner or authorized toact on the copyright owner's behalf.
You can contact our Copyright Agent via emailat support@measurely.com
17. Error Reporting and Feedback
You may provide us either directly atsupport@measurely.com or via third party sites and tools with informationand feedback concerning errors, suggestions for improvements, ideas, problems,complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall notretain, acquire or assert any intellectual property right or other right, titleor interest in or to the Feedback; (ii) Company may have development ideassimilar to the Feedback; (iii) Feedback does not contain confidentialinformation or proprietary information from you or any third party; and (iv)Company is not under any obligation of confidentiality with respect to theFeedback. In the event the transfer of the ownership to the Feedback is notpossible due to applicable mandatory laws, you grant Company and its affiliatesan exclusive, transferable, irrevocable, free-of-charge, sub-licensable,unlimited and perpetual right to use (including copy, modify, create derivativeworks, publish, distribute and commercialize) Feedback in any manner and forany purpose.
The third party sites and tools mentionedabove include the following:
Bugsnag
Bugsnag is a platform for monitoring andlogging stability of applications provided by Bugsnag Inc. Please read theirPrivacy Policy here: https://docs.bugsnag.com/legal/privacy-policy/
ACRA
ACRA or Application Crash Reports for Androidis monitoring platform. Please find more information here:https://github.com/ACRA/acra
Rollbar
Rollbar is error tracking service provided byRollbar Inc. Find out more here: https://docs.rollbar.com/docs/privacy-policy
Sentry
Sentry is open-source error tracking solutionprovided by Functional Software Inc. More information is available here:https://sentry.io/privacy/
Raygun
Raygun is automated error monitoring softwareprovided by Raygun Limited. Privacy Policy is accessible at https://raygun.com/privacy/
Firebase Crashlytics
Firebase Crashlytics is bug reporting service provided by Google Inc.
Youmay opt-out of certain Firebase features through your mobile device settings,such as your device advertising settings or by following the instructionsprovided by Google in their Privacy Policy:https://policies.google.com/privacy?hl=en
Formore information on what type of information Firebase collects, please visitthe Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
18. Links To Other Web Sites
Our Service may contain links to third partyweb sites or services that are not owned or controlled by Measurely.
Measurely hasno control over, and assumes no responsibility for the content, privacypolicies, or practices of any third party web sites or services. We do notwarrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT Measurely SHALL NOT BERESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED ORALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCHCONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEBSITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OFSERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOUVISIT.
19. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY COMPANY ON AN“AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS ORWARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIRSERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOUEXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANYSERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATEDWITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THECOMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THESERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATEDWITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICESOR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTSOR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICESWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OFANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESSFOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIESWHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
20. Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD USAND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT,PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES(INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION ANDARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION ORARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OROTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDINGWITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISINGFROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCALLAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLYADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IFTHERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THEAMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILLTHERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THEEXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
21. Termination
We may terminate or suspend your account andbar access to Service immediately, without prior notice or liability, under oursole discretion, for any reason whatsoever and without limitation, includingbut not limited to a breach of Terms.
If you wish to terminate your account, youmay simply discontinue using Service.
All provisions of Terms which by their natureshould survive termination shall survive termination, including, withoutlimitation, ownership provisions, warranty disclaimers, indemnity andlimitations of liability.
22. Governing Law
These Terms shall be governed and construedin accordance with the laws of NA without regard to its conflict oflaw provisions.
Our failure to enforce any right or provisionof these Terms will not be considered a waiver of those rights. If anyprovision of these Terms is held to be invalid or unenforceable by a court, theremaining provisions of these Terms will remain in effect. These Termsconstitute the entire agreement between us regarding our Service and supersedeand replace any prior agreements we might have had between us regardingService.
23. Changes To Service
We reserve the right to withdraw or amend ourService, and any service or material we provide via Service, in our solediscretion without notice. We will not be liable if for any reason all or anypart of Service is unavailable at any time or for any period. From time totime, we may restrict access to some parts of Service, or the entire Service,to users, including registered users.
24. Amendments To Terms
We may amend Terms at any time by posting theamended terms on this site. It is your responsibility to review these Termsperiodically.
Your continued use of the Platform followingthe posting of revised Terms means that you accept and agree to the changes.You are expected to check this page frequently so you are aware of any changes,as they are binding on you.
By continuing to access or use our Serviceafter any revisions become effective, you agree to be bound by the revisedterms. If you do not agree to the new terms, you are no longer authorized touse Service.
25. Waiver And Severability
No waiver by Company of any term or condition setforth in Terms shall be deemed a further or continuing waiver of such term orcondition or a waiver of any other term or condition, and any failure ofCompany to assert a right or provision under Terms shall not constitute awaiver of such right or provision.
If any provision of Terms is held by a court or othertribunal of competent jurisdiction to be invalid, illegal or unenforceable forany reason, such provision shall be eliminated or limited to the minimum extentsuch that the remaining provisions of Terms will continue in full force andeffect.
26. Acknowledgement
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOUACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BYTHEM.
27. Contact Us
Please send your feedback, comments, requests fortechnical support:
By visiting this page on our website:https://www.measurely.io/contact.
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