EQATEC Analytics Terms of Service

EQATEC reserves the right to update and change the Terms of Service from time to time without notice. Any 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 such changes. You can review the most current version of the Terms of Service at any time at http://www.eqatec.com/Analytics/Terms.aspx

Account Terms

1. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
3. You are responsible for maintaining the security of your account and password. EQATEC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
4. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
   Violation of any of these agreements may result in the termination of your Account.

Payment, Refunds, Upgrading and Downgrading Terms

1. A valid credit card (Visa, MasterCard, JBC, American Express) is required for subscriptions to the Service. During the free trial period a credit card is not required.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
4. For any upgrade or downgrade in subscription plan level, your credit card that you provided will automatically be charged a prorated amount for the rest of the current billing cycle. The new rate will begin on your next billing cycle.
5. Downgrading your subscription plan may cause the loss of content, features, or capacity of your Account. EQATEC does not accept any liability for such loss.
6. You can at any time change the credit card assigned to your current subscription plan to another credit card. Click on the Account tab in the settings panel and follow the instructions.
7. All changes to your subscription plan are confirmed via email.

Cancellation and Termination

1. You can cancel your account at any time by clicking on the Account tab in the settings panel. The Account screen provides a simple, no questions asked cancellation process. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
3. EQATEC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other EQATEC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. EQATEC reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. EQATEC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the EQATEC Analytics Site (analytics.eqatec.com).
3. EQATEC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. EQATEC own the data collected by the Service. You can access the data through our Service as long as a subscription plan is active. When you terminate your subscription all data may be deleted from our servers immediately.
2. The look and feel of the Service is copyright©2009 EQATEC A/S. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from EQATEC.

Distribution of EQATEC Analytics monitor

1. EQATEC offers binaries to integrate and distribute with your software application. These binaries are distributed under the BSD license agreement. See our distribution for BSD license details.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders.
3. You understand that EQATEC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, EQATEC Analytics, or any other EQATEC service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by EQATEC.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any EQATEC customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. EQATEC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that EQATEC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EQATEC has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
12. The failure of EQATEC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and EQATEC and govern your use of the Service, superceding any prior agreements between you and EQATEC concerning the Service (including, but not limited to, any prior versions of the Terms of Service).
13. Questions about the Terms of Service should be sent to support@eqatec.com.

Copyright© 2008-2010 EQATEC. All rights reserved.