Explore Analytics Terms and Conditions of Service

Last Modified: September 6, 2016

This page contains the terms and conditions of service (the “Terms”) governing your use of the Explore Analytics (“Explore Analytics”, “we” or “our”) software, websites and services (the “Explore Analytics Service”). Please carefully review these terms and conditions before using the Explore Analytics Service.

By using the Explore Analytics Service you agree to be bound by these Terms. If you are using the Explore Analytics Service on behalf of an organization, you agree to these Terms on behalf of that organization and promise that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. It’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may revise these Terms from time to time and the most current version will be posted on our website. Therefore, please check the website regularly for updates of these terms (www.exploreanalytics.com/terms.html). By continuing to use the Explore Analytics Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Explore Analytics Service.

You may use the Explore Analytics Service only in compliance with these Terms and only if you have the power to form a contract with Explore Analytics and are not barred under any applicable laws from doing so. The Explore Analytics Service may continue to change over time as we refine and add more features.

Your Data

By using the Explore Analytics Service you provide us with information, access to your data, and files that you upload to Explore Analytics (together, “your data”). You retain full ownership to your data. You may export and download your data at any time. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Explore Analytics Service, as explained in this document.

We may need your permission to perform actions that you ask us to do with your data, for example, publishing your reports, or sharing data at your direction. This also includes actions that we make to administer our Explore Analytics Service and backup data to keep it safe. You give us permission to perform these actions solely to provide the Explore Analytics Service. This permission also extends to third parties that we work with to provide the Explore Analytics Service including Amazon AWS, which provides our server hosting and storage space.

You are solely responsible for your conduct, your data, and your communications with others while using the Explore Analytics Service. You acknowledge that Explore Analytics has no obligation to monitor any information on the Explore Analytics Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of data, or any other information you may be able to access using the Explore Analytics Service.

Upon the termination of your subscription, you may request, within 30 days, a copy of all the data that you stored in Explore Analytics including data generated by Track Trend jobs you may have created.

Sharing Your Data

The Explore Analytics Service provides features that allow you to share your data with others or to make it public. Please consider carefully what you choose to share or make public. Explore Analytics has no responsibility for that activity.

Your Responsibilities

Data used with the Explore Analytics Service may be protected by intellectual property rights of others, or governed by laws such as privacy laws. Please do not copy, upload, download, or share data and reports unless you have the right to do so. You, not Explore Analytics, will be fully responsible and liable for data that you copy, share, upload, download or otherwise use while using the Explore Analytics Service. You must not upload any data and use it in any manner that is unlawful or violates the rights of others. You are responsible for compliance with any law or regulation concerning the data that you use with the Explore Analytics Service.

When using the service, you, and not Explore Analytics, are responsible for maintaining and protecting all of your data. Explore Analytics will not be liable for any loss or corruption of your data, or for any costs or expenses associated with recovering your data. You should not rely on the Explore Analytics Service to serve as a backup of your data. You understand that when you upload data to Explore Analytics, the data undergoes conversion that may result in loss of accuracy.

Data and Account Security

Explore Analytics is responsible for maintaining the confidentiality of your data and protecting your data from unauthorized disclosure.

You are responsible for safeguarding the passwords that you use to access the Explore Analytics Service and you agree not to disclose your password to any third party. You are responsible, and Explore Analytics shall not be held liable, for any activity using your account, whether or not you authorized that activity. You should immediately notify Explore Analytics if you become aware of any unauthorized use of your account.

Registration

Registration to Explore Analytics entitles you to a limited-time use of the Explore Analytics Service for the purpose of evaluation only. Any further use of the Explore Analytics Service requires that you purchase a subscription.

Subscription

An active subscription to the Explore Analytics Service includes access for up to the specified number of users and for the specified term (time duration). Your subscription is not automatically renewed and it is your responsibility to renew your subscription.

Uploading and storing data on the Explore Analytics server is subject to storage limits as described in the section "Storage Limits" below.

Your subscription includes the use of the Agent Software as described in the section "Agent Software" below.

The next section explains what we mean by a "user".

A "User"

Your subscription specifies a number of users. These are "named" users who can log into Explore Analytics and use the service to explore data. Using the Explore Analytics user interface, you can add users up to the specified number of users. Every user that is authorized to log into Explore Analytics requires a subscription, even if they do so infrequently.

A "Limited User"

A Limited User is a "named" user with restricted capabilities as described below. A limited user price may be available and in that case it applies to the portion of the users who will have the limited capabilities.

A Limited User has the following restrictions

As with users, every limited user that is authorized to log into Explore Analytics requires a subscription, even if they do so infrequently.

If a user will no longer be using Explore Analytics, you can deactivate the user. Once the user is deactivated, they can no longer login to Explore Analytics.

Refund

Purchases made online on the Explore Analytics website using a credit card are fully refundable within 60 days of your purchase. There are no provisions for refund after more than 60 days of purchase.

Agent Software

Some use of our Service requires you to download a software package (“Agent Software”). Explore Analytics hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Agent Software, solely to enable data access using the Explore Analytics Service. We hereby reserve all rights not expressly granted in these Terms. Our Explore Analytics Service may update the Agent Software on your computer automatically when a new version is available.

Acceptable Use

You agree not to misuse the Explore Analytics Service and to only use the Explore Analytics Service in a manner consistent with its stated purpose of analyzing and visualizing your data. In particular, you will not use the Explore Analytics Service in a way that is unlawful or may infringe on the legitimate rights of others.

Storage Limits

Storage limits apply to data that you import or upload to Explore Analytics, and data that you generated using a Track Trend job and store in tables on the Explore Analytics server. You agree that the amount of data that you store at any time on the Explore Analytics server and the number of tables that you create in this way will not exceed this limit. The limit is based on the number of users in the subscription that you purchased. For a single user, the limit is 20 tables and 250 Megabytes. For multiple users, the limit is shared and is calculated by multiplying the single-user limit by the number of users.

View Limit on Published Reports

This limit applies to published reports that do not require the user to login. Such report publishing without requiring login is only available with the Enterprise Plus Edition of the Service. Each user subscription includes a limited number of view impressions of such reports published by the user. The limit is 50,000 view impressions per month. For multiple users, the limit is shared and is calculated by multiplying the single-user limit by the number of users in the subscription. This number does not include any limited users.

Termination

You may stop using our Explore Analytics Service any time. We may suspend or terminate your use if you are not complying with these Terms, or use the Explore Analytics Service in any way that would cause us legal liability or disrupt others’ use of the Explore Analytics Service. If we suspend or terminate your use, we will provide you with notification.

Warranty and Limit on Liability

Warranty. Explore Analytics warrants solely for the benefit of customers with a current subscription that the service will materially conform to the User Guide. The User Guide can be found on-line at http://www.exploreanalytics.com/wiki. THIS SECTION SETS FORTH EXPLORE ANALYTICS’ SOLE OBLIGATION, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, FOR A BREACH OF THE WARRANTY IN THIS SECTION.

No Other Warranties. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE SERVICE AND AGENT SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. EXPLORE ANALYTICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXPLORE ANAYTICS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.

Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL EXPLORE ANALYTICS AND ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIFTY ($50) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

Indemnification

You agree to indemnify and hold Explore Analytics, its owners, directors, officers, management, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Explore Analytics Service.

Explore Analytics agrees to indemnify and hold you, your owners, directors, officers, management, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that Explore Analytics infringes or misappropriates the intellectual property rights of a third party.

Export Restrictions

The export and re-export of the Agent Software may be controlled by the United States Export Administration Regulations. The Agent Software may not be used in any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Agent Software.

Miscellaneous Provision

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of law provisions of California or your state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these terms to be unenforceable, the remainder of these terms will continue in full force and effect. These Terms constitute the entire agreement between the parties and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Terms of the Explore Analytics Service. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Explore Analytics.