Please read these Terms of Service carefully before using MetricsFlare.
Introduction
Thank you for using MetricsFlare.
These are our Terms of Service and the focus of (“MetricsFlare Terms”) is on your use of MetricsFlare services. These MetricsFlare Terms of Service are a legally binding contract between you and Blue Grid DOO, Bulevar Mihaila Pupina 10A, Beograd, Srbija, 11070, PIB: 109876187 (“MetricsFlare”).
If you wish to use services provided by MetricsFlare on behalf of an organisation, you are agreeing to these Terms of Service for that organisation and are bounded to MetricsFlare that you have the authority to bind that organisation to these Terms (“you” or “Customer” will refer to the organisation).
These Services are not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this MetricsFlare if you a minor.
If after reading, you do not agree with these MetricsFlare Terms of Service, do not register and/or use any of the Services provided by MetricsFlare.
Definitions
These words and expressions will have meaning, and will be used by the descriptions given to them in this cause:
Account –the account created prior to using the Services, and/or authorised for/by you in order to use the Services;
Customer –subject using the Services;
Guides –user guides, technical documentation and FAQs designed for some or all of the Services as may be provided to you and published by MetricsFlare.
Event –any interaction that happens between the use and the content that is processed, generated or tracked with the Serviced (email, page views, data input etc.)
Services –service provided by MetricsFlare.
Ratings – numeric feedback provided
API – third party services
Registration for services
Before using the Services, the Customer will need to create an account on the website.
Acceptable use of our services
When using our Services, you are agreeing to any terms, conditions, restrictions required from you by MetricsFlare. Customer needs to use efforts to prevent unauthorised access to Services. This can include using and maintaining security measures that are consistent with industry standards. The customer is obligated to notify MetricsFlare of any such unauthorised access.
Restrictions to our services
By using services provided by MetricsFlare, you are expressly and emphatically restricted from all of the following:
1. modify, translate, reverse engineer, decompile, disassemble or create any derivative works;
2. sell, sublicense and/or otherwise commercialising any material provided by the Service;
3. use Services that could in any way, or it is, damaging to MetricsFlare
4. use these Services contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to MetricsFlare, or to any person or business entity;
5. use Services for engaging in any advertising or marketing;
6. you may not register accounts by “bots” or any other automated methods.
Certain areas and features of the Service are restricted from access by you and MetricsFlare may further restrict access by you to any areas or features, at any time, in its sole and absolute discretion. Any user ID and password you may have for using the Services are confidential and you must maintain confidentiality of such information.
Third party services
Included in the Services that are provided by MetricsFlare, there are Services that are available for connecting to third party providers. MetricsFlare does not provide that Service itself. MetricsFlare only offers connection to those third party Services and any services that are provided by the third party parties do not have terms that are included in MetricsFlare’s Terms of Service. Trademarks displayed in conjunction with the Services are the property of their respective owners.
Intellectual property rights
Other than content you own, under these Terms, MetricsFlare and/or its licensors own all rights to the intellectual property and material contained in Services and in any Guides, and all such rights are reserved.
Unless you are granted a limited license, you allow to be the subject to the restrictions provided in these Terms, for purposes of viewing and using Services provided by MetricsFlare.
Liability, Warranty and Indemnity
No warranties. These Services are provided “as is,” with all faults, and MetricsFlare makes no express or implied representations or warranties, of any kind related to these Services or the materials contained in the Guides. Additionally, nothing contained that belongs to MetricsFlare shall be construed as providing consult or advice to you.
No liability. In no event shall MetricsFlare, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Services, whether such liability is under contract, tort or otherwise, and MetricsFlare, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. If clause 8 here of is invalid or void under the applicable law, you agree that the total foreseeable damage that you may incur coming from of or in connection with these MetricsFlare Terms is one hundred (100) EUR.
Indemnity. You hereby indemnify to the fullest extent MetricsFlare from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
Termination
If you wish to stop using these Services and delete your Account, please send a request for account deletion to support@metricsflare.com. MetricsFlare shall, unless and to the extent legally prohibited from doing so, delete all data in MetricsFlare’s system that we collected while your usage of the Services. The deleted data will, or may not include data stored for statistical purposes, data in logs or aggregated data.
No legal service
MetricsFlare may provide advice and consultations in connection to the Services, if you may request so. Such consultations represent possible alternatives how to solve the particular issue you have contacted MetricsFlare for, and for that, there are no warranties, express or implied.
Variation of MetricsFlare terms
MetricsFlare is permitted to revise these Terms at any time as it sees fit, and by using these Services you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Services.
Final provisions
Assignment of rights. MetricsFlare shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Set-off. You shall have no right of set-off or counterclaim in respect of any claim, debt or obligation against any payments or benefits provided for in these Terms.
Applicable law. These MetricsFlare Terms are governed by Serbian law.
Jurisdiction. These Terms will be governed by and construed in accordance with the laws of Serbia, and you submit to the non-exclusive jurisdiction of the state and courts located in Serbia for the resolution of any disputes.
Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.