Pricing plan agreement.

Agreement

The terms that govern your plan.

The pricing plan agreement governs your evaluation of the services and, if you purchase services under a pricing plan, your purchase and ongoing use of those services. By accepting the agreement, clicking a box indicating acceptance, or executing or electronically accepting an order form that references the agreement, you agree to its terms.

If you are entering the agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. In that case, the terms you and your refer to the entity. If you do not have that authority, or if you do not agree with the agreement, you must not accept it and may not use the services.

The original agreement was last updated on March 22, 2016. It is effective between you and the company as of the date you accept it, or upon an update by the company in accordance with its terms.

License and users

Subject to the agreement and payment of applicable fees, the company grants you a limited, non exclusive, non transferable right to use the services during the subscription term, solely for your internal business purposes. Users must be named individuals. Login credentials may not be shared. You are responsible for the activity of your users and for maintaining the confidentiality of credentials.

Additional obligations

You agree to use the services in compliance with applicable law and the documentation. You may not reverse engineer the services, remove proprietary notices, use the services to build a competing product, or access the services for benchmarking or competitive analysis without written permission. You are responsible for the content and data you submit and for having the rights needed to submit it.

Fees and payment

Fees are set out in the order form or pricing plan and are payable in the currency stated. Fees are based on the plan and the number of users or usage limits purchased. Unless stated otherwise, fees are non refundable and are exclusive of taxes. Overdue amounts may be subject to a late charge. The company may suspend access for non payment after notice.

Term, renewal, and termination

The subscription term is stated in the order form. Plans are generally billed annually and renew for successive periods unless either party gives notice of non renewal before the renewal date. Either party may terminate for material breach if the breach remains uncured after notice. The company may suspend or terminate access for unauthorized use, security risk, or non payment.

Data and content

You retain ownership of the content you submit. You grant the company the rights needed to host, process, transmit, and display that content to provide the services. The company will handle personal data as described in the privacy policy and any data processing agreement. Upon termination, the company may make content available for export for a limited period, after which it may be deleted.

Warranties and disclaimers

The company warrants that the services will perform materially in accordance with the documentation during the subscription term. Except for that warranty, the services are provided as is and as available. To the extent permitted by law, the company disclaims implied warranties of merchantability, fitness for a particular purpose, and non infringement. The company does not warrant that the services will be uninterrupted or error free.

Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party's total liability under the agreement is limited to the amounts paid or payable for the services in the twelve months before the claim. These limits do not apply to liability that cannot be limited by law.

Indemnity and governing law

Each party will defend and indemnify the other against third party claims arising from its breach of the agreement, its content, or its violation of law, subject to the limitations in the agreement. The agreement is governed by the laws of the State of California, without regard to conflict of law principles. The parties agree to the exclusive jurisdiction of the state and federal courts located in California.

Contact

For questions about the agreement or to request the current signed version, contact us through the contact page. See also the terms of service and the privacy policy.

This page summarizes the pricing plan agreement that governed the original site. It is not legal advice. The executed order form and the current agreement control.