Effective Date 01.01.2016
Upon fulfilment of requirements set out herein, we will provide you with hosting of your
customer data, tools for value-added analytics and for enhancement of your communication with your customers
(“Services”). We retain all right, title and interest in and to our Services, including all copyrights, patents
and other intellectual property rights. Please see IP Terms for more details.
You represent and warrant that you are at least 18 years old and you are able to
fulfil all and any requirements set out herein for using Services. In case you are representing another person
or company, you represent that you have authority and power to enter into this Agreement. You also represent and
warrant that you will adhere to the rules set out in Data Handling and Use Guidelines.
We are undertaking any reasonable efforts to maintain our Services accessible to you at all
times. Nonetheless, you acknowledge and agree that our Services may not be accessible in cases of
inaccessibility of our Platform.
In order to use our Services, you must complete the registration process by filling in the
registration form by current, complete and accurate data. Upon completing all required information and going
though all steps of the registration process as promoted, we will create you an account for communication with
us and use of our Services (“Account”). You will immediately change your registration data within your
registration details in case your data change.
Your password set within registration process must be ‘strong’ password, i.e. meeting
requirements set out by us and displayed within registration process. You must protect your username and
password for your Account against unauthorised use by any third party (e.g., regularly changing your passwords,
not using predictable usernames and passwords, not sharing your password with other persons, or granting access
to your Account and/or to your data to other persons). You are solely responsible for any and all activities
that occur using your Account by yourself or any third party. You shall notify us if you know of any
unauthorised use of your Account or any other breach of security of your Account.
We are providing to any new registered customers a period of one month (“Trial Period”), in which
you have the possibility to try our Services without charge and verify that our Services are fit for the purpose
you wish to accomplish. You represent that by using our Services after Trial period are our Services fit for
your business or other purposes for which you intend to use our Services.
We provide our services based on our pricing terms set forth in Pricing Terms.
Our Services are provided free of charge within Trial period. After that you will be required to pay monthly fee of EUR 0.01
per each customer or EUR 0.001 per each event, whichever of the two calculated in the relevant month is lower.
Unless otherwise specified, all fees are quoted in Euros and do not contain any applicable taxes which should be
paid by you. Payments are to be collected on a monthly basis and calculated based on actual consumption of our
Services. Invoices will be issued and delivered to you via your Account after the end of the respective month.
Any outstanding balance is due and payable upon termination of this Agreement.
Within your registration to your account you will be required to select one of available
payment instruments, including credit card or bank transfer (“Payment Instrument”). Available payment
instruments may vary in different countries or territories.
Via selected payment method you will be able to prepay usage of our Services. Prepayments enable
you to obtain extra credit for Services to be obtained in the respective or following months. You hereby agree
that any amounts due will be set off against any prepayments.
We may change our pricing and payment policy from time to time. These changes are effective
Neither party to this Agreement is in breach hereof and/or can accept any liability or pay any
compensation (other than to refund money paid for Services not yet rendered), if the respective party is unable
to perform obligations due to any adverse event, act, or omission beyond reasonable control, including (but not
limited to) natural disasters, acts of terrorism, civil unrest, industrial disputes, or failure of utility
Neither party will use or disclose the other party’s confidential information without the
other’s prior written consent except for the purpose of performing its obligations under this Agreement or if
required by law, regulation or court order; in which case, the party being compelled to disclose Confidential
Information will give the other party as much notice as is reasonably practicable prior to disclosing the
information or proprietary data disclosed by one party to the other whether orally or in written that is
designated as “confidential” or that should be understood to be confidential given the nature of information and
circumstances of disclosure. Confidential information shall not include (i) information known to the general
public; (ii) information which becomes known to the general public otherwise than by breaching this provision by
the receiving party; or (iii) information independently developed by receiving party without use of confidential
information received from the other party. For the avoidance of doubts, our confidential information include
(but is not limited to) source code, methods and knowhow related to our Platform and/or Services and your
confidential information include data you will upload via your Account.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES OR LOST PROFITS, DATA OR OTHER INTANGIBLE ASSETS, TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THIS
EXCLUSION APPIES ALSO IN CASES WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE
POSSIBLE. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED
BY APPLICABLE LAWS. IN ALL CASES AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OUR TOTAL LIABILITY FOR ANY
DAMAGE AND LOSS CAUSED IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES FOR OUR SERVICES
PAID BY YOU FOR MONTH IN WHICH THE DAMAGE OR LOSS HAVE ARISEN.
We reserve the right to cancel any event which we reasonably consider to damage our
reputation, in some instances without refund (this to be decided at our sole discretion).
OUR SERVICES ARE PROVIDED ON “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT
AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE
or caused to us as a result of your false representation, notwithstanding whether caused by negligence or
otherwise. You shall also reimburse us for any interruption of our business caused by your acts and omissions in
connection with use of our Services or via your Account. We reserve the right to charge your Payment Instrument
for any such amounts.
You agree that we will use and present in public your name and logo as our customer within our
Any and all communication in connection with this Agreement shall be made via your Account. Any notice
shall be deemed to be delivered to us by submitting it via your Account and delivered to you once you sign in to
your Account (or in case you do not not sign within three business days, at the end of third business day after
sending a notice to your Account).
In case we have learned or have a reasonable belief that you have breached these Terms of or Use
and Data Handling and Use Guidelines or any of your representation will show to be faulty and/or misleading, we
have right to immediately suspend or terminate your Account at any time and without notice.
Both Parties may terminate this Agreement at any time via delivering a termination
notice via your Account or cancelling your Account. Subject to termination as a consequence of your breaching
this Agreement, any and all prepayments which have not been set off against fees for rendered Services will be
refunded to you upon termination hereof. Before you terminate your Account, you should make sure that you have
transferred your data available through your Account. From the moment of its termination, you will not have
access to such data. In case we terminate the Agreement, we will keep your data accessible to you for the period
of two calendar weeks.
You may not assign this Agreement or any of the rights or obligations stipulated herein to any third
party. We may assign this Agreement to any affiliated person or entity.
Rights and obligations arising out of this Agreement cease to exist along with termination
hereof, except for IP Terms, Liability, Indemnification, Confidentiality, Eligibility, Severability and Entire
If any of the terms of this Agreement turns out to be null and void or unenforceable, other
provisions shall remain valid and enforceable. The relevant provisions shall be removed and/or amended by the
parties in order to best reflect intentions when entering into hereof.
This Agreement supersedes all prior agreements, whether oral or written.
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