Terms
Updated April 2nd, 2024
1. Acceptance of Terms
These Terms of Service ("Terms"), along with the appendices, and any other related agreements, form the complete contract ("Agreement") between the entity entering into this Agreement ("Customer" or "you") and Mindmetrics or one of its affiliates identified in the Agreement ("Mindmetrics" or "we," "our," or "us"). This Agreement governs your use of our services as described in the Terms (collectively, the "Service"). It is important that you read the Terms thoroughly. You are permitted to allow your employees ("Authorized Users") to utilize the Service. By doing so, you accept full responsibility for any actions taken by an Authorized User using the Service, including any violations of these Terms by an Authorized User.
2. Service
2.1. Definition of the Service
The Service functions as an automated analytics tool, designed to assist customers in gathering their online data for reporting, analytical purposes, and proactive data exploration through natural language processing. It is delivered AI6generated insights via user interface powered by external data through custom connectors maintained by Mindmetrics.
2.2. Access to the Service
Provided that the Customer pays the necessary fees, Mindmetrics will grant access to the Service in line with the order throughout the subscription period. Mindmetrics grants the Customer a non-exclusive, non-transferable, and non-sublicensable right to allow Authorized Users to access and use the Service remotely, strictly for the Customer's internal business operations, as outlined in the documentation and under the terms of this Agreement. The Customer is responsible for any costs arising from a data source or data destinations (for example, as part of the Customer's dealings with a third party). If the Customer operates as a Media Agency, the Service may be used to serve its designated clients, though the Customer can only transmit data to its own data destinations.
2.4. Use limitation
Unless specifically permitted in this Agreement, the Customer must not: 1. sublicense, sell, lease, rent, or otherwise make the Service available to third parties; 2. bypass or reveal the security mechanisms of the Service or any connected host, network, or account; 3. disclose non-public features or content of the Service to third parties; 4. replicate any part of the Service's ideas, features, functions, or graphics, or modify any part of the Service; 5. use the Service to violate any entity's or individual's intellectual property rights; 6. disrupt or interfere with the software or systems providing the Service, or connected networks or equipment; 7. access the Service to develop a competing product or service, or a product with similar ideas, features, functions, or graphics.
2.5. Services alterations
Mindmetrics may alter or modify the Service at any time. However, during the subscription period, Mindmetrics will not substantially reduce or remove any main functionalities of the Service. The Customer is automatically entitled to any direct replacements or successors of the Service functionalities without additional fees during the subscription period. If Mindmetrics significantly reduces core functionalities without providing a comparable alternative, the Customer may terminate the Agreement within thirty (30) days after the change and receive a proportional refund of any prepaid fees for the remaining subscription period.
2.6. Set-up and support services
Mindmetrics will provide setup and support services in accordance with the specified plan.
2.7. Data security mesaures
Mindmetrics commits to employing standard industry practices for data security, such as password protection, encryption, firewalls, logging, and monitoring when providing the Service. Detailed information about Mindmetrics’ information security practices can be found at https://mindmetrics.ai/privacy.
2.8. Free subscription terms
Mindmetrics may offer the Service free of charge, under specific terms and limitations (“Free Subscription”). These free subscriptions are confined to a designated period in the Service interface. Multiple free subscriptions for a single Customer or in addition to a paid Service subscription are not allowed. Mindmetrics reserves the right to end any free subscription at any time for any reason, without any obligation or liability. Technical support and maintenance for free subscriptions are not provided by Mindmetrics. There is no assurance that features of the free subscription will remain available or unchanged if the Customer upgrades from a free subscription to a paid subscription.
3. Trademark
The "Mindmetrics" name, its logos, and any other product or service names or slogans featured on the Service are trademarks or registered trademarks of Mindmetrics and its suppliers or licensors. They cannot be copied, reproduced, or utilized, either partially or fully, without explicit prior written consent from the respective trademark holder. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service belong to their respective owners. Mention of any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not imply or constitute an endorsement, sponsorship, or recommendation by us, or the other way around.
Mindmetrics reserves the right to use your company’s name(s) and logo(s) for marketing purposes, which may include their use on the Mindmetrics website, in press releases, promotional and sales materials, presentations to potential customers, and customer lists.
Confidential information
Should we disclose any non-public information regarding the Service to you, it is imperative that you maintain its confidentiality and implement reasonable security measures to prevent its unauthorized release or access.
Limitation of liabilities
Neither party nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if such party or any supplier or licensor has been advised of the possibility of these damages), arising out of this Agreement.
Mindmetrics’ maximum total liability towards the Customer and its Authorized Users for all claims under these Terms or otherwise in relation to the Service, whether in contract, tort, or otherwise, is limited to 500 EUR.
Warranty disclaimer
Your use of the service, including but not limited to, accessing any content through the service and your interactions with other users, is entirely at your own risk. Mindmetrics does not guarantee continuous or uninterrupted access to the service or to any content. Any advice or information you receive from the service, whether oral or written, does not create any warranty not explicitly stated in these terms.
Except as expressly provided in these terms, we disclaim all warranties, to the fullest extent allowed by law, whether express or implied, including any warranties of merchantability, non-infringement, or fitness for a particular purpose. We also do not guarantee that the service will be free from bugs or errors, nor do we warrant the accuracy of any data provided through the service.
User data
We will retain certain data that you send to the site to manage its performance, as well as data concerning your usage of the Service. While we conduct regular routine backups of data, you are solely responsible for all data that you transmit or that pertains to any activity you conduct on the Service. You agree that we will not be liable for any loss or corruption of such data, and you hereby waive any claim against us resulting from any such loss or corruption of your data.
Governing law
These Terms and your interaction with the Service are regulated by and interpreted following the laws of Code du Commerce in France.
Termination
These Terms will remain effective as long as you use the Service. Without limiting any other terms, we reserve the right to deny access to the Service, including blocking specific IP addresses, at our discretion and without notice or liability. This may be done for any reason, including but not limited to a breach of any representation, warranty, or covenant in these terms or applicable laws and regulations. We may terminate your access or participation to the Service, delete your account, and any content or information you have posted at any time, without prior warning, at our sole discretion.
If your account is terminated or suspended for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. Along with terminating or suspending your account, we reserve the right to take appropriate legal actions, which may include civil, criminal, and injunctive redress.
