1. Introduction
Service provided by MetricsCube as described in these Terms.
User, whenever mentioned in this Agreement, is referred to as any user of the Service, an individual or a legal entity ("you" or "your").
MetricsCube, a wholly-owned subsidiary of INBS.Software Konrad Keck, and its affiliates ("MetricsCube", "we", "our" or "us") located at Tadeusza Rejtana 36, 35-310 Rzeszów, Poland.
MetricsCube, that accompanies this Agreement, may be updated or replaced by feature enhancements, system updates ("System") and any services that may be provided by MetricsCube under this Agreement ("Services").
Do not use the System until you have carefully read the following Agreement that shall be governed by the law of Poland applicable.
By ordering, downloading, installing, accessing, using or entering into any interaction with the System (or authorizing any other person to do so) you are indicating that you are capable of entering into a binding legal agreement, have read and understand this Agreement and you accept its terms and conditions. If you do not agree with the terms and conditions of this Agreement, do not order, install, access, download, use or interact with the System.
MetricsCube is a trademark of INBS.Software Konrad Keck.
2. Content Provided by User
Users are responsible for their own content and that of third parties that they share, upload or transfer with MetricsCube. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
Users are responsible for keeping their account access data, passwords, username, token safe and secure. It is the user responsibility if access data are shared by the user with third parties and access allowed to view the delivered by MetricsCube Services based on private data.
The Owner does not moderate the content provided by Users or by third parties but stores and processes the copy of content to generate the reports and allow constant and intended usage of the Services.
3. Use of the Service
User must provide accurate and complete registration information to use the Service.
User is responsible for the security of their passwords and for any use of the account.
Your use of the Service must comply with all applicable laws, regulations and ordinances.
Users declare themselves to be adult according to their applicable legislation, children under the age of 13 may never use MetricsCube Services.
4. Fees and Payments
User is granted trial access to the MetricsCube Services and has 14 days to comprehensively test the system.
Trial period is designated to let User verify and test the system before the final purchase.
User, if aims to continue using the Service after the trial period has passed, must make the payment for the account to the MetricsCube, as otherwise the account will be terminated and access blocked.
The payments are processed automatically in the MetricsCube system. User must set the payment method to either PayPal or a credit card. Token is stored in the system to allow automatic processing of recurring payments within the selected method. The Owner does not store any credit card data provided by User to process payments.
User may change the payment method at any moment to other supported by MetricsCube.
The Services price is dependent on the delivered to MetricsCube data used to generate the reports and can be adequately changed. For more information, refer to the Pricing section on our website. User has instant access to the billing section to monitor the current billing amount once logged in to the application.
The first attempt to process the payment for the Services takes place a few days prior to the due date.
User may have multiple subscriptions within one account. After the first payment has been completed, subscriptions due dates are adjoined to enable a single payment billing on the invoice.
User may cancel the subscription at any time but there are no refunds guaranteed. If submitted, refund requests may be considered on a case-by-case basis, and granted individually in the unfettered discretion of MetricsCube.
Any price visible in the system, billing section, or on the MetricsCube webpage does not include VAT.
5. Termination
The account to the MetricsCube Services is effective until terminated. You may terminate the account or any of active subscriptions at any time.
User account may be terminated by MetricsCube immediately and without notice if you fail to comply with any term or condition of this Agreement.
If you fail to settle the payment for your access to MetricsCube, user account is automatically terminated 14 days after payment due date.
Upon termination, we mean deleting any information from the base excluding historical data required for billing and accounting purposes.
Upon cancellation of trial access to MetricsCube, your application remains accessible for 14 more days. Afterwards, the copy of any content used to provide the Services is removed from the system.
Upon cancellation of paid subscription, your application remains accessible until the end of the billing cycle. Afterwards, the copy of any content used to provide the Services is removed from the system.
6. Feedback
We provide you with a mechanism to provide feedback, suggestions and ideas about the Services. You agree that we may use the feedback you provide in any way, including in future modifications of the System. You grant us a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to us in the feedback.
7. Copyrights
Any trademarks, illustrations, images, or logos that appear concerning MetricsCube are, and remain, the exclusive property of the Owner and are protected by the laws.
8. Limitation of Liability
To the maximum extent permitted by applicable law, MetricsCube, Internet brands and its affiliates will not be liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if MetricsCube, Internet brands or its representatives or affiliates have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of the damages set forth herein are fundamental elements of the basis of the bargain between MetricsCube and you; MetricsCube would not have been able to provide the Services to you without such limitations.
9. Damage/Warranty
Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
10. Privacy Policy
For information about the use of their personal data, Users must refer to the Privacy Policy of MetricsCube.