Terms of Service
These terms of service (“Terms”) cover your use (“you”, “Customer”) and access to our services, client software and websites (collectively as “Services”). If you reside outside of the United States of America, Canada and Mexico (“North America”) your agreement is with ClicData SAS (Registered in France), and if you reside in North America your agreement is with ClicData LLC (Registered in Arizona, USA).
If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. You must have the authority to bind that organization to this Agreement, otherwise you must not sign up for the Services.
UPDATES TO TERMS OF SERVICE
ClicData reserves the right to update and change the Terms of Service at any time without notice. All 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 said changes.
The Terms of Service set forth the entire understanding between you and ClicData as to the Service, and supersedes any prior agreements between you and ClicData (including, but not limited to, prior versions of the Terms of Service).
Our services allow Customer to:
(i) store data that you chose to transfer to our databases and servers,
(ii) edit, transform, combine, modify data to build additional views or data
(iii) create reports and dashboards of the supplied data and
(iv) publish the reports and dashboards along with the data to other users or the public.
We may remove, temporarily halt, modify, and add any and all services without prior notice to you.
Your use of the Service, including any content, information, or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
Our services allow the archival or removal of data at certain time intervals and depending on the subscription level. ClicData is not responsible for any loss of data nor should it be considered a backup for critical data.
Our services include features that allow connection to third party data, web sites, applications and services. ClicData is not responsible for the use of the products provided by third parties nor is it affiliated to any of the third parties.
You can select different types of subscription and each may have different features and functionality that may change over time.
1) Personal, Free, Trial Subscriptions
ClicData may offer subscriptions that allow limited use of the service in functionality or duration. Users of these subscriptions may be subject to advertisement, limited functionality, and reduction of services and/or limits in data capacity.
These subscriptions can be removed to free up space for other accounts if not actively used over a certain duration.
These subscriptions can be cancelled at any time and without warning if these Terms are violated or based on non-compliance with the Acceptable Use Policy.
2) Not for Profit or Academic Use Only Subscriptions
ClicData may offer subscriptions for free or at a reduced cost that allows academic and not for profit organizations use of our Services with limited functionality.
Users of this subscription may be subject to advertisement, limited functionality, and reduction of services and/or limits in data capacity unless there are paying components to their subscription.
These types of accounts can be removed to free up space for other accounts if not actively used over 6 months.
3) Paid Subscriptions
ClicData offers paid services that allow use of the service. Users of this service will have different capabilities depending on the level of subscription.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
When you use our Services, you are able to store files and data as well as meta data (“Content”). These Terms do not give us the right to access, use or distribute your Content unless needed to provide the Service.
Our Services also provide you with features such as searching, detection of meta data, or linking. These and other features may require our systems to access, store and scan the Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Our Services let you share your Content with others via dashboards and data Live Links and similar features. Please think carefully about what you share.
You’re responsible for your conduct and Content and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.
You must provide your full legal name, a valid email address, and any other information requested in order to complete the sign up and activation process. Invalid email addresses, names or company information are not an acceptable use of the Services.
ClicData may communicate with you via email or telephone regarding your account, updates, news, and other issues related to your account. You automatically get subscribed to our mailing lists and newsletters. You can choose to opt out from receiving emails by accessing your account profile and disabling this feature however this will not constitute a basis for not receiving important notifications regarding your subscription including cancellation, modification or pricing changes.
You are responsible for maintaining the security of your account and password. ClicData will never request your password nor will it provide your password via e-mail or any other channels of communication.
ClicData staff will never request credit card or bank related information from you.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as other services.
You understand that ClicData uses third party vendors and hosting partners to provide necessary hardware, software, information, networking, storage, and related technology to run the service.
Our services are hosted with:
One Microsoft Way
Redmond, WA 98052-7329
2 Rue Kellermann
ClicData will strive to make the Service available 99.5% of the year but does not warrant to do so unless otherwise documented via an Enterprise Customer contract overriding these Terms.
ClicData will not be responsible for any loss of data, business, revenue or property due to service lack of availability.
ClicData strives to provide support to all Customers within an acceptable amount of time but does not warrant to do so unless otherwise documented via an Enterprise Customer contract overriding these Terms.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for paid subscriptions, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. ClicData will provide you with notice via the email address associated with your account before we do so. We are not responsible for proper reception of the email due to spam, rules, firewall or disabling notifications.
We reserve the rights to accept or refuse to potential client. We have the sole discretion on whether to allow you to register, renew, change plan, or use our services.
ClicData staff is not allowed to cancel the account on behalf of the customer at their request.
The Customer is solely responsible for cancellation subscription via the facility provided by the Service.
Your Paid subscription will remain in effect until (i) you cancel it, or (ii) it is terminated under these Terms or (iii) payment is not made at the end of each renewal payment cycle.
Cancellation of the account is immediate and will result in permanent loss of data. ClicData is not able to restore the account nor recover any of its data.
Paid subscriptions can be downgraded to other paid or free subscriptions, provided that the subscription is not currently exceeding usage limits or features available only in their current subscription level.
Subscriptions that do not meet the requirements for the target subscription level will remain at their current subscription.
It is not the responsibility of ClicData to ensure that the requirements are met prior to changing the subscription.
Downgrades must be modified prior to the end of the billing cycle and will be effective at that time.
No refunds or credit will be given for subscriptions that remain at their subscription level due to exceeding the usage limits of the desired subscription level.
Loss of data and functionality may occur when downgrading subscriptions so please be careful prior to downgrading.
Some subscriptions levels can’t be downgraded only cancelled.
Addition of options or upgrades causing an increase in rates are charged to your credit card and are effective immediately.
Not all subscriptions levels can be upgraded or can have their options modified.
PRICING AND PAYMENT
Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change without notice from us. We will attempt to notify all Customers 30 days before via email.
Acceptable payment methods are by bank transfer or credit card. All other payment methods will be declined and constitute non-payment.
If paying by credit card and depending on your location your payment will be processed either by a US payment processor or a European payment processor.
You are responsible for all applicable taxes, bank fees, transfer fees, credit card fees, currency exchange fees, federal, regional, state, local taxes or any surcharges and similar exactions imposed on or with respect to our Services. For purposes of this section, taxes do not include any taxes that are imposed on or measured by the net income, property tax or payroll taxes of ClicData.
You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within sixty (60) days of the applicable charge and we will work together with you to resolve the applicable dispute promptly. If you do not provide us with this written notice of your fee dispute within this period, you will not be entitled to dispute any fees paid or payable by you.
If your use of our Services exceeds the amounts prepaid by you or of if you fail to pay any amounts due by you, we may suspend our Services associated with your account without prior notice to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section.
If service fees are not paid in a timely manner or we are unable to process your transaction using the credit card information provided or using an alternative payment method, we reserve the right to revoke access to your account or to downgrade your account to a free account which may result in loss of data and/or features.
COPYRIGHT AND OWNERSHIP
ClicData owns the intellectual property rights to all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation.
We welcome your feedback on our Services however by submitting suggestions or other feedback about our Services (“Contributions”) you agree that:
- we are not under any obligation of confidentiality with respect to your Contributions;
- we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way;
- you irrevocably, nonexclusively license to us rights to exploit your Contributions; and
- you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.
You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service.
ClicData claims no intellectual property rights over the Content you upload or provide to the Service.
TRADEMARKS AND LOGOS
Subject to these Terms, we both grant each other the right to use and display each other’s name and logo (the Licensor Marks) on our respective websites and in other promotional materials solely in connection with each of our respective activities under these Terms. All of this use of the Licensor Marks will be in accordance with each other’s applicable usage guidelines and will insure to the benefit of Licensor.
The one of us using the other’s Licensor Marks under this subsection will not use, register or take other action with respect to any of the Licensor Marks, except to the extent allowed in advance in writing by the one of us whose Licensor Marks are being used.
In using the Licensor Marks under this subsection, the one of us using the other’s Licensor Marks will always use the then current Licensor Marks and will not add to, delete from or modify any of Licensor Marks.
The one of us using the other’s Licensor Marks will not, at any time, misrepresent the relationship between us.
The one using the other’s Licensor Marks will not present itself as an affiliate or other legal agent of the one of us whose Licensor Marks are being used.
The rights to use and display each other’s Licensor Marks under this subjection will end automatically in the event these Terms terminate or if one of the parties requests to remove name and logos from websites or promotional materials.
Confidential Information means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. “Confidential Information” does not include any information which:
- is publicly available through no fault of receiving party;
- was properly known to receiving party, without restriction, prior to disclosure by the disclosing party;
- was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights; or
- is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure.
Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section.
Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.
LIMITED WARRANTY/LIMITATION OF LIABILITY
The services are provided “as is” and as available. ClicData makes no express or implied warranties of any kind, including without limitation implied warranties of merchantability or fitness for a particular purpose.
No communication between customer and ClicData, written or oral, will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this section or elsewhere in this agreement.
Under no circumstances will ClicData be liable for lost profits or other indirect, special, cover, exemplary, incidental, or consequential damages arising out of or related to this agreement or to the use or inability to use the service.
In no event will ClicData’s liability for damages, losses, or causes of action, whether in contract or tort, either jointly or severally, exceed the aggregate dollar amount paid by customer to ClicData during the twelve (12) months prior to the claimed injury or damage.
The limitations of liability here described and in subsection (b) below apply equally to liability for negligence.
- Without limiting the generality of the above, ClicData will have no liability for any claims or losses resulting from security breaches, exposure of sensitive or private data (except to the extent that applicable law forbids limitation of such liability), or loss of data or access to data.
- ClicData is not liable for the accuracy, truthfulness, or validity of any data entered by Customer or provided through the Service. ClicData will not be liable for interruption of or delays in transmission of the Service caused by acts of God, terrorism, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond ClicData’s control.
- Customer’s sole and exclusive remedy, if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of ClicData is to discontinue using the Service.
- Customer acknowledges and agrees that ClicData has set its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability and disclaimers of warranty set forth in this section and elsewhere in this Agreement, (collectively, the “Limitations”), and that the Limitations form an essential basis of the bargain between ClicData and Customer. The Limitations survive and apply even if Customer’s remedies provided in this Agreement are found to have failed of their essential purpose.
Customer will indemnify and hold harmless ClicData and its affiliates, employees, officers, directors, agents, licensors, successors, and assigns from all damages and liability, including without limitation attorneys’ fees, incurred as a result of:
- Customer’s violation of its obligations under this Agreement,
- the negligent or willful acts of Customer,
- the violation by Customer of any third party’s rights in connection with the use or operation of the Service, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, other intellectual property rights, and claims for libel, slander, or unfair trade practices.
These Terms shall be governed by the laws of France or the laws of Arizona, USA depending on Service location used, without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive laws of France or Arizona, USA for the purpose of resolving any dispute relating to your access or use of the Service.
Any questions regarding the Terms of Service should be addressed to firstname.lastname@example.org.
AGREEMENT TO ARBITRATE
Before bringing a formal legal case, please first try contacting our Customer Support as most disputes can be resolved that way.
If we can’t resolve our dispute through our customer support, you or any of your affiliates on one hand and ClicData and any of ClicData’s affiliates on the other hand, all agree to resolve any dispute arising under these Terms, or Privacy Notices, or in relation to our Services by binding arbitration in France, or in another location that we have both agreed to.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.