AnalyzeSwift offers its Users access to “Software as a Service” applications for data retrieval and data reporting under the subsequent Terms of Use.
1.1 These Terms of Use are applicable to all proposals and quotations from AnalyzeSwift, as well as all contracts between AnalyzeSwift and its Users.
1.2 The Registration Form, in conjunction with these Terms of Use, constitutes the comprehensive agreement between AnalyzeSwift and the User concerning the Service.
3.1 Upon submission of the Registration Form, AnalyzeSwift will furnish the User with login credentials for the Account.
3.2 The User has the capability to establish four (4) tiers of access for the Account. This begins with the Owner/Administrator possessing comprehensive rights, encompassing account initiation, termination, data source addition, and modification of billing and contact details.
4.1 AnalyzeSwift offers the possibility of manually generating analysis reports free of charge. However, AnalyzeSwift charges the User a fee if the User wishes to receive an automatic monthly report with detailed data analysis. This fee is applicable during the Initial Term and/or any subsequent Term.
4.2 The basic fee is payable by the User on a monthly basis and in advance, unless a different arrangement is specified in the registration form. This basic fee includes access to the Service and the use of a single data source.
4.3 If there’s an addition of extra data sources, AnalyzeSwift will impose an additional charge for each data source, termed the Data Source Fee. This fee is billed monthly in retrospect.
4.4 All Fees are denominated and payable in USD (US$) and are exclusive of VAT and any other pertinent taxes. The User is accountable for the timely payment of all additional taxes or charges imposed by tax authorities in their respective country.
4.5 Unless explicitly mentioned in these Terms of Use, no reimbursements or credits for Fees or other charges will be granted to the User.
4.6 The Fee applicable during the Initial or any Subsequent Duration is disclosed on AnalyzeSwift’s official website and can be unilaterally revised by AnalyzeSwift periodically. Any revised Fee will come into effect at the commencement of the succeeding Subsequent Duration.
5.1 AnalyzeSwift will use commercially reasonable efforts to ensure the availability of the Service to the User.
5.2 User may contact AnalyzeSwift with questions or problems related to User’s Account and the Service by email.
5.3 AnalyzeSwift reserves the right to suspend or limit (temporarily) the use or availability of the Service, in whole or in part, for reasons of maintenance, updates, new versions, modifications or improvements. Whenever possible, AnalyzeSwift will endeavor to provide advance notice. Such (temporary) suspension or limitation does not entitle the user to any compensation or refund from AnalyzeSwift.
6.1 AnalyzeSwift’s obligations are based on commercially reasonable efforts and not on guaranteed outcomes.
6.2 While the Service has been crafted with utmost precision and expertise, AnalyzeSwift cannot assure uninterrupted or defect-free operation at all times. The Service is offered “AS IS” and “AS AVAILABLE”. To the extent permissible by law, AnalyzeSwift waives all explicit or implicit warranties, including any warranty of fitness for a specific purpose. The User bears sole responsibility for their use of the Service and any conclusions derived from it. AnalyzeSwift holds no liability for damages resulting from any errors or omissions in the information or Data provided by the User in relation to the Service.
6.3 AnalyzeSwift offers no guarantees and assumes no liability for damages or (financial) compensation due to: (i) the Service failing to meet User expectations, (ii) Service interruptions, (iii) incompatibility or malfunction of the Service with the User’s hardware or software, (iv) Data input by the User or a client.
6.4 AnalyzeSwift does not assure constant support availability or the accuracy of the support advice provided.
6.5 The User is tasked with securing and maintaining network connections linking their network to the Service. AnalyzeSwift is not obligated to inform the User of any updates or improvements to any software, computer networks, or telecommunication facilities (including but not limited to the internet) used by the User.
7.1 AnalyzeSwift’s total liability towards the User for all claims is restricted to direct damages only, up to the amount equivalent to the Fee billed by AnalyzeSwift and paid by the User in the last three (3) months before the damage occurrence.
7.2 AnalyzeSwift is not liable for indirect damages, including but not limited to consequential damages, lost profits, lost savings, reduced goodwill, or damages due to business interruptions.
7.3 AnalyzeSwift holds no liability for damages resulting from the loss, mutilation, or destruction of Data, files, or other data carriers of the User.
7.4 Any claim against AnalyzeSwift must be reported in writing within three (3) months of its discovery or when it could have been reasonably discovered. The statute of limitations for all claims is 12 months after notification.
7.5 These terms apply to all entities affiliated with AnalyzeSwift that may be liable in relation to these terms.
7.6 Force majeure, circumstances beyond AnalyzeSwift’s control that hinder its obligations, exempts AnalyzeSwift from fulfilling those obligations. This includes, but is not limited to, supplier failures, government actions, power or internet outages, wars, and transportation issues.
7.7 If force majeure lasts beyond sixty (60) days, either party can terminate the agreement. Services already rendered will be settled proportionally, with no further obligations.
7.8 The User indemnifies AnalyzeSwift against third-party claims resulting from the Service use or AnalyzeSwift’s obligations under this agreement.
8.1 By using the Service, AnalyzeSwift may access Data, including personal data as defined by the GDPR. In such cases, AnalyzeSwift acts as the “(sub-)processor” and the User as the “controller”.
8.2 The User is solely responsible for complying with data protection laws, such as the GDPR. The User indemnifies AnalyzeSwift against claims arising from non-compliance.
8.3 AnalyzeSwift processes personal data on behalf of the User, adhering to this agreement. AnalyzeSwift won’t process this data for its own purposes unless legally justified.
8.4 AnalyzeSwift implements adequate technical and organizational measures to protect personal data. However, absolute security is not guaranteed.
8.5 In case of a data breach, the User is responsible for notifications as required by law. AnalyzeSwift will promptly inform the User of any breaches.
8.6 All personal data processed by AnalyzeSwift remains confidential, with exceptions based on User consent or legal obligations.
8.7 This data processing agreement remains valid as long as AnalyzeSwift processes personal data for the User. Post-License termination, AnalyzeSwift will delete all User Data after three (3) months, unless legal provisions dictate longer retention.
9.1 Agreements have an initial duration. Thereafter, they are automatically extended unless terminated by the user in advance.
9.2 Either party may terminate the subscription at the end of the validity period.
9.3 AnalyzeSwift may terminate the subscription immediately if it detects suspicious activity by the User.
9.4 Upon termination, the User’s access to the Service is terminated.
10.1 The User agrees to comply with all export control and economic sanctions laws if the Service falls under such regulations.
By accepting these terms and using the connections to the data sources, users accept the terms of third parties, such as the terms of service of Google Ads.
Various terms used throughout this agreement, such as Account, Administrator, Base Fee, Data, GDPR, Fee, Intellectual Property Rights, Initial Term, License, AnalyzeSwift, Service, Signup Form, Term, and Terms and Conditions, have specific meanings as detailed in this section.
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