Demand Analytix Terms
By using Demand Analytix Software-as-a-Service (the "Service") , a service of Demand Analytix LLC, you are agreeing to be bound by the following Terms of Service.
Demand Analytix LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that modify or enhance the 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: https://www.demandanalytix.com/terms_notice
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
- You must be 16 years or older to use this Service.
- You must provide a valid email address in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account name and password. Demand Analytix LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content uploaded and posted and activity that occurs under your account's SubDomain (even when Content is posted by others who have accounts under your account's SubDomain).
- 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.
Payment, Refunds, Upgrading and Downgrading Terms, and Trial Period
- A valid credit card is required for paying accounts.
- If you initially sign up for an account, other than a Trial account, you will be billed monthly starting on the first day when your account was initially created.
- 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, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- 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, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of features or capacity of your Account. Demand Analytix LLC does not accept any liability for such loss.
- Free trials may be requested to email@example.com. Free trials are provided only if qualification criteria are met. Qualification is based primarily on whether there is a bondafide need for services provided by demandanalytix.com. If a trial is granted, then: (1) One person or legal entity may not maintain more than one free Trial account and one SubDomain for the Trial; (2) The Trial period is 30 days and commences on the day of sign-up for the Trial account, unless an agreement to extend the trial is made in writing; (3) Any data uploaded and synthesized as part of the Trial will be deleted after completion of the Trial, unless the Trial subscriber converts the Trial subscription to a paid subscription and retains the same SubDomain name as was used for the Trial; (4) A Trial Account and SubDomain may be accessed by up to two users, including the Trial account creator. Trial users who are invited by the Trial Account creator to participate in a Trial must also register using the Service registration process.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time using the account cancellation form which is accessible from your User homepage on the Service web site.
- All of your Content will be immediately deleted from the Service upon cancellation of a paid account or Trial account. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Demand Analytix LLC, 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 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. Demand Analytix reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Demand Analytix LLC 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.
- 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 Demand Analytix web site or the Service itself.
- Demand Analytix LLC 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
- We claim no intellectual property rights over the material you provide to the Service. Your profile and content uploaded, created, downloaded, and/or printed in the process of using the Service remain yours.
- Demand Analytix does not pre-screen Content, but Demand Analytix and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Demand Analytix LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- 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, Demand Analytix LLC, or the Service.
- 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 Demand Analytix LLC.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Demand Analytix customer, employee, member, or officer will result in immediate account termination.
- 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.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Demand Analytix) of other Demand Analytix customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Demand Analytix LLC 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.
- You expressly understand and agree that Demand Analytix LLC 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 Demand Analytix LLC 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) or any other matter relating to the service.
- The failure of Demand Analytix LLC 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 Demand Analytix LLC and govern your use of the Service, superceding any prior agreements between you and Demand Analytix LLC (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.