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Terms of Service

Last Modified: April 18, 2024

Grafieks Analytics Ltd, ("Grafieks") provides use of its www.grafieks.com and other related online services (collectively, "Service(s)") to you subject to the following Terms of Service ("TOS"). You can review the most current version of the TOS at any time at: TOS Docs. In addition, when using the Services, you shall be subject to any posted guidelines, rules or terms applicable to such Services, which may be posted from time to time. All such guidelines, rules or terms are hereby incorporated by reference into the TOS. Grafieks may also offer other services that are governed by these or different terms of service.

These Terms are effective as of the date you click to accept these Terms or access or use the Services (the "Effective Date"). Any user that accesses or uses the Services agrees to be bound to these Terms, the Privacy Policy, Grafieks’s END USER LICENSE AGREEMENTS ("EULA"), any subscription or pricing page including terms specific to a particular Service, any written agreement made between you and Grafieks regarding the Services (including but limited to any services agreement or work order made between you and Grafieks), and any other policy or agreement governing access to or use of the Services (collectively, the "Applicable Policies"). In the event there is a conflict between these Terms and any other Applicable Policy, the terms of the Applicable Policy will control.

Please also review our Privacy Policy by clicking here.

You may not access or use the Services if you do not understand the Applicable Policies. Grafieks reserves the right to change these Terms at any time, and the date of such changes will be displayed at the top of this page. You agree to be bound by any changes to these Terms if you continue to access or use the Services. Please review and read these Terms on a regular basis. You are responsible for making sure you are aware with the most recent version of these Terms. Oral modifications or amendments to these Terms or any Applicable Policy are not permitted.

Please be aware that we assist with law enforcement whenever they request it, and that this cooperation may necessitate disclosing your personal information to them.

Definitions​

"Affiliate" means any entity, whether now in existence or subsequently created, which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. Control for the purposes of this definition is evidenced by direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. Examples of such relationships include, but are not limited to, subsidiaries (entities controlled by a party), parents (entities that control a party), and siblings (entities under common control with a party).

“Customer”, “you”, or “your” refers to the person or entity using the Subscription Service and identified in the applicable account record, billing statement, online subscription process, or Subscription Agreement as the customer and your Affiliates in the scope of your purchase.

“Customer Data” refers to data that Grafieks stores, processes, and/or secures for each Individual Product subscribed by the Customer as defined in the Individual Product Terms.

"Grafieks", “we”, "us", or “our” refers to Grafieks Analytics Ltd, incorporated in Ireland, designated as a private company limited by shares.

“Grafieks Cloud” refers to the data visualization software from Grafieks Analytics Ltd (www.grafieks.com).

"Party" represents either Grafieks or the Customer as a business entity.

"Subscription Service" or "Service" includes the software, professional services, and technical support services provided by Grafieks listed under the Individual Product. This includes any updates, enhancements, new features, documentation, and educational content provided or made available to the Customer.

"Subscription Agreement" means any agreement confirming the purchase of the Grafieks Service, executed through in-app self-service processes. It becomes legally binding upon digital or electronic signing by an authorized representative of the Customer or by the completion of the subscription process within the Grafieks application, each with the same legal force as a handwritten signature.

“User” or "Users" means employees, representatives, consultants, contractors, or agents authorized by the Customer to use the Subscription Service and have unique user identifications and passwords.

Intellectual Property and Rights​

  1. Intellectual Property Ownership: Grafieks retains all rights, titles, and interests, including intellectual property rights, in the Subscription Services. All rights not expressly granted to the Customer are reserved.

  2. Grant of Use: Grafieks grants the Customer a limited, worldwide, non-exclusive, non-transferable right to use the Subscription Service for internal business purposes, subject to compliance with this TOS. The Customer is entitled to access all functionality of the Subscription Service available as of the effective date stated in the Subscription Agreement.

  3. Metadata Rights: Grafieks may monitor Customer’s use of the Services and compile statistical and performance information in an aggregate and anonymous manner (“Metadata”), including to enhance service provision and operation. Grafieks retains all intellectual property rights in such Metadata. Grafieks shall ensure the use of Metadata respects the privacy and confidentiality agreements with the Customer and shall exclude personally identifiable information unless explicitly authorized. Customer agrees that Grafieks may make the Metadata publicly available provided it does not incorporate any personally identifiable information or confidential Customer Data, nor does it identify Customer or its Confidential Information.

  4. Customer Feedback: Grafieks encourages feedback from all customers through our support communication channels. Customers agree that any feedback, suggestions, ideas, or other inputs provided to Grafieks ("Feedback") will be considered non-confidential and non-proprietary. Grafieks shall have a perpetual, irrevocable, worldwide, royalty-free license, including the right to sublicense, use, copy, modify, create derivative works from, and otherwise exploit any such Feedback for any purpose, without obligation or compensation to the provider. This Feedback may include, but is not limited to, improvements to Grafieks' products, services, or processes.

Subscription Service​

  1. In order to access or use the Services, or any particular feature of the Services, including but not limited to the Platform, you may be required to subscribe to such Service (each, a "Subscription Service").

  2. Any right, title, and interest in and to the Subscription Services, including all related intellectual property rights, are owned by Grafieks. All rights not expressly granted to Customer under this TOS are reserved by Grafieks.

  3. Subscription services can be either free or paid. When you try to access a Subscription Service, you will be prompted to subscribe, and further terms, including pricing, may be presented on a subscription, services agreement, or other page offered during the subscription process.

  4. When you subscribe to Grafieks, you agree to give true, correct, complete, current, and accurate information, and you are responsible for updating any information as needed or notifying Grafieks if any information you submit is inaccurate. The Privacy Policy will apply to any information you supply to Grafieks when subscribing to a Subscription Service.

  5. Grafieks grants Customer a limited, worldwide, non-exclusive, non-transferable right to use the paid Subscription Service solely for internal company activities, according to the TOS.

  6. The right to use all functionality available in the purchased Subscription Service as of the date specified in the Order Form is included in the Customer's use of the Subscription Service, subject to the applicable pricing metrics based on users and software feature usage described on the Order Form.

  7. Customer may only access and use the Service for lawful purposes, and may not create derivative works based on the Service's features, user interface, or functionality pattern.

  8. Grafieks reserves the right to change the price, pricing metric, pricing metric definitions, service offering, or add-ons at any time by providing at least thirty (30) days written notice to the customer.

Billing, Fees and Payment Terms​

  1. The Customer agrees to pay Grafieks the amount mentioned in the Order Form using the applicable Pricing Metrics. All fees are non-cancellable and non-refundable unless otherwise noted.

  2. Any fees quoted by Grafieks will be exclusive of VAT / applicable sales tax.

  3. You are responsible for all tariffs, customs fees, or taxes (other than Grafieks' income tax) associated with the purchase of Paid Services, as well as any related fines or interest (collectively, "Taxes"), and you will pay Grafieks in full for the Paid Services you order.

  4. The Service is generally invoiced monthly and in advance. The day you sign up a paid subscription, your monthly billing cycle begins. Any upgrades you make within your monthly billing period will be applied instantly, and the associated bill increase will be calculated (pro rata) and applied to your next statement. Any downgrades you make will be implemented on your next payment date, with no returns.

  5. If you purchase any automatically renewing subscriptions, you agree that Grafieks, or a third party acting on Grafieks' behalf, may charge the payment method on file for the relevant subscription on the first day of each billing period, and that if the payment method on file becomes invalid for any reason and Grafieks, or a third party acting on Grafieks' behalf, is unable to charge you, Grafieks reserves the right to terminate the subscription. Grafieks reserves the right to cancel your Paid Services and any related subscription if you fail to update your payment details on a timely basis.

  6. Grafieks does not provide price protection or refunds in the event of a price reduction for any Paid Service, and prices for any Paid Service may change at any time. If you order Paid Services, you agree to pay for them. Grafieks, or a third party acting on Grafieks' behalf, may charge your credit card or other form of payment for the price listed for the relevant Paid Service, plus any additional amounts relating to applicable taxes, bank fees, and currency fluctuations, as of the transaction date, to the extent permitted by law.

  7. Unless either Party notifies the other in writing at least 30 days prior to the end of the then-current term, Customer's subscription term will automatically renew for a period equal to the initial term.

  8. All taxes, assessments, tariffs, levies, and other fees imposed, levied, or collected by or under the authority of any governmental agency (collectively, "Taxes") are completely the responsibility of the customer.

  9. All payments are due on the date indicated on an invoice or as otherwise set forth on the relevant Paid Service or Subscription Service. Failure to timely pay on a due date may result in any of the following:

    1. suspension of access to and/or use of any and all Services, including all Paid Services, on a temporary or permanent basis;

    2. any late payments are subject to a monthly penalty of 1.5% of the overdue amount, calculated using the prevailing exchange rate from the date of default.;

    3. a downgrade of your Paid Service to a free Service, if available; and/or

    4. any other remedy available to Grafieks at law or equity. Grafieks shall have no obligation to enforce its rights using any of the foregoing remedies, or any remedy in particular, and whether Grafieks chooses to apply a remedy, and which remedy it chooses to apply, if at all, shall be in Grafieks’s sole discretion. You shall be responsible for any reasonable attorneys’ fees and other costs incurred by Grafieks in connection with Grafieks’s collection efforts due to your failure to make a timely payment.

  10. If there is a dispute on any charges, the customer must tell Grafieks within sixty (60) days of the invoice date. Grafieks reserves the right to adjust prices at any time by notifying the Customer in writing at least 30 days before the change takes effect.

  11. Grafieks does not store credit card details on our servers, ensuring customer payment information is secure. Order processing of Grafieks is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all of our orders. Paddle provides all customer service enquiries and handles returns. Your relationship with Paddle is governed by the following Terms and Conditions and Privacy Policy.

  12. In order to purchase Paid Services, you must supply a valid and acceptable method of payment, and you may be requested to give such information when you subscribe to a Subscription Service.

  13. You agree to abide by any applicable terms of service or other legal agreement that governs your use of a particular payment processing method, whether with Grafieks or a third party.

  14. You must not use the Paid Services to access the Services or third party services in a manner that violates any applicable agreement or policies associated with such services.

  15. You are solely responsible for any payment information you provide to our online reseller Paddle.com acting on Grafieks' behalf, and you represent and warrant that you are authorized to submit such payment information and to conduct transactions using such payment information.

Cancelling a Subscription or Paid Service​

If you make a subscription and/or purchase a Paid Service that automatically renews, you may cancel the subscription at any time before the end of the current billing period, and the cancellation will take effect beginning on the next billing period. In order to cancel a subscription and/or Paid Service, you may:

  1. terminate or cancel the subscription and/or Paid Service using the termination option made available to you online or through the Service, if any, or

  2. notify us in writing at support@grafieks.com at least three (10) days prior to the date of automatic renewal.

Free Services​

  1. Free Services refers to the use of Grafieks on an unpaid trial or free basis.

  2. Grafieks has the right to suspend, limit or terminate the Free Services for any reason at any time without notice. Grafieks may terminate subscriptions to the Free Services due to inactivity. Unless Customer purchases a subscription for Grafieks Service, upon any such termination or expiration Customer Free Services will cease and Customer will no longer have access to any Customer Data used in connection with the Free Services.

  3. Customer access to the Free Services is limited to evaluating whether to purchase a subscription for Grafieks’s Service. Customer may not use the Free Services for any other purposes, including but not limited to competitive analysis, commercial, professional or for-profit purposes.

Accessing Services​

  1. Certain types of Services may need you to utilize a device that complies with certain system and compatibility requirements, which may vary over time. You are solely responsible for ensuring that your equipment and systems are capable of accessing or utilizing the Service. Clients, customers, and users are exclusively responsible for supplying high-speed internet to themselves and their permitted users.

  2. To use the Service, you must register an account using your company email address.

  3. You are solely responsible for the security of your account information and all activity that takes on under your account. You agree to contact Grafieks promptly if your account or password is used without your permission, or if your account's security is breached in any other way. You may, however, be held liable for any harm suffered by Grafieks or any other user of or visitor to the Grafieks web site as a result of unauthorised use of your user account.

  4. You may not share your account with anybody else or use someone else's account to access Grafieks at any time. Grafieks cannot and will not be held liable for any losses or damages suffered as a result of your failing to meet these responsibilities.

  5. You are completely responsible for all activity on your Account, whether it is conducted by you, your employees, or a third party (including contractors or agents), as well as for keeping your Account password safe.

  6. Any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorised use of your Account must be reported to us promptly. You should never share, distribute, or publicize your Account's login credentials. You will have the option of deleting your Account either directly or by contacting one of our personnel.

Content​

  1. You are solely responsible for all information, media, data, and other input you make on or provide to the Services (collectively, "User Content").

  2. All User Content must comply with applicable law and regulations, and may not include

    1. obscene or other illegal material, or
    2. third party content where the publication of such content would violate such third party’s intellectual property rights.

  3. The foregoing list is not exhaustive, and Grafieks reserves the right in its sole discretion to restrict or prohibit any User Content

    1. it deems illegal or inappropriate,
    2. any User Content that may subject Grafieks to liability, or
    3. any User Content that may damage, obstruct, or hinder Grafieks Services

  4. If Grafieks, in its sole discretion, determines any User Content to be in violation of this terms or any other Applicable Policy, Grafieks may do any of the following:

    1. notify the user and require the user to modify or remove the relevant User Content;
    2. suspend a user’s access to or use of the Services, including any customer or client for which one of the customer’s or client’s invitees is in violation of this paragraph or any Applicable Policy;
    3. modify or permanently delete the User Content;
    4. cancel all subscriptions (including any subscriptions for Paid Services) and access to and use of all Services; and/or
    5. any other remedy available to Grafieks at law or equity. Grafieks shall have no liability associated with the remedy Grafieks chooses, if any, or any harm caused to a client or customer or user in connection with such remedy.

Restrictions​

  1. When you access or use the Services, you will not (or attempt to), and you will not allow any third-party to:

    1. Use the Service in an illegal manner or for an illegal purpose;
    2. Share your login information or access information with any person in violation of these Terms or any Applicable Policy;
    3. Copy, sell, rent, or sublicense the Service to any third party (unless expressly permitted by such Service or Grafieks);
    4. Reverse-engineer, modify, disable, circumvent, or otherwise tamper with any software, security technology, product, or Service;
    5. Subject Grafieks to any form of liability;
    6. Harass, sabotage, undermine, or illegally interfere with the business of others
    7. Access a Service other than by a permitted means; or
    8. Remove any proprietary notices or labels.

  2. Certain Services may have certain usage limits or restrictions that determine the amount of resources that will be made available to a customer, client, or other user, or the amount of users that may use a Service if the Service permits a customer or client to invite or allow other users. These limits and restrictions may include, but are not limited to:

    1. The number of users that may access or use the Service, at any given time or as a whole
    2. Restrictions on the number of hours a Service may be used;
    3. System and internet requirements;
    4. Payment and subscription requirements; or
    5. And any other limit or requirement determined as appropriate or necessary in Grafieks’s sole discretion.

  3. You agree to comply with all usage limits and restrictions and shall ensure that any persons you invite or allow to access or use the Services for which there are limits and restrictions shall also comply with all usage limits and restrictions for such Services.

Customer Support​

  1. Customer can email Grafieks Customer Support for software related support, or to request for assistance, guidance and advice on the use of the software.
  2. Grafieks support team is open from 9am to 6pm Irish Standard Time (UTC+1) from Mondays to Fridays, excluding public holidays in Ireland.
  3. Grafieks reserves the right to temporarily access Customer’s user account(s) to identify and resolve potential root-causes and problems raised.

Changes and Discontinuation of Services​

Grafieks reserves the right to change the availability of any Service from time to time and for whatever reason in Grafieks’s sole discretion. Grafieks reserves the right to modify, suspend, or discontinue any Service with or without notice to you, and Grafieks will not be liable to you, any of your invitees, or any third party for any such modification, suspension, or termination.

Termination​

  1. You agree that Grafieks may terminate your Grafieks account, as well as your access to the Service and/or any and all Content or materials, at any time and without prior notice. Cause for such termination shall include, but not be limited to:

    1. breaches or violations of the TOS or other incorporated agreements or guidelines,
    2. requests by law enforcement or other government agencies,
    3. a request by you (self-initiated account deletions),
    4. discontinuance or material modification to the Service (or any part thereof),
    5. unexpected technical or security issues or problems,
    6. extended periods of inactivity,
    7. engagement by you in fraudulent or illegal activities, and/or
    8. non-payment of any fees owed by you in connection with the Services.

  2. Grafieks may also, for any reason or no reason, terminate this Agreement, your Grafieks account, access to the Service, and/or any and all Content or materials. The following items are included in the termination of your Grafieks account:

    1. removal of access to all offerings within the Service,
    2. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
    3. barring of further use of the Service. Further, you agree that all terminations shall be made in Grafieks's sole discretion and that Grafieks shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service or Content.

DISCLAIMER OF WARRANTIES​

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRAFIEKS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
  2. GRAFIEKS AND ITS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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 OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL; AND
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRAFIEKS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MINIMUM PERIOD ALLOWED BY LAW.

Indemnification​

  1. Customer, not Grafieks, shall be solely responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all Customer Data, and Grafieks shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
  2. Customer will defend, indemnify and hold harmless Grafieks, its suppliers and licensors, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns, from any costs, damages, expenses, and liability caused by Customer’s use of the Service, Customer’s violation of this TOS, or Customer’s violation of any rights of a third party through use of the Service.
  3. Customer agree to indemnify and hold Grafieks harmless from and against any loss, cost, damage and expense, including but not limited to attorney’s fees and court costs, arising directly or indirectly from use of the Grafieks Service and/or Customer’s breach of any representation, warranty or restriction contained in this TOS.

Limitation of Liability​

  1. Neither party shall be liable under this TOS for any of the following losses suffered or incurred by the other party (whether or not such losses were within the contemplation of the parties at the date of this TOS):

    1. loss of actual or anticipated profits (including loss of profits on contracts);
    2. loss of anticipated savings;
    3. loss of business opportunity;
    4. loss of reputation or damage to goodwill; and
    5. l special, indirect or consequential losses.

  2. Each party’s liability under this TOS in relation to liability arising from any given event or series of connected events shall be limited to the total amount paid by Customer in the twelve (12) months immediately preceding the month in which the event (or first in a series of connected events) occurred.

  3. Neither Grafieks nor you will be liable for any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include utility shortages, strikes, supply shortages, riots, fires, acts of nature such as fires, floods, earthquakes, tornadoes, or the like, war, terrorism, governmental action, and pandemics (or any restrictions or business shutdowns enacted or recommended in connection with the spread of a virus or disease), or any other similar event outside the reasonable control of the party prevented or hindered from performing. In the event a party cannot perform its obligations under these Terms or an Applicable Policy, such party shall promptly notify the other party in writing and the parties shall either

    1. negotiate in good faith to determine a mutually beneficial solution, or
    2. terminate all Applicable Policies and subscriptions.

Governing Law​

The provisions of this Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland whose courts shall be the courts of sole jurisdiction in relation to this Agreement.

Contact Information​

Please contact us at support@grafieks.com for any questions, feedback, or other comments, and we will respond within a reasonable time if we determine that a response is appropriate or required.