Terms of Service
Effective May 24, 2018
Table of Contents
- 1. PushMetrics Service
- 2. Slack Service
- 3. Use of PushMetrics Service and Creation of PushMetrics Account
- 4. Intellectual Property
- 5. Third Party Sites
- 6. Changes
- 7. Termination
- 8. Disclaimer of Warranties
- 9. Limitation of Liability
- 10. Representations and Warranties
- 11. Indemnification
- 12. Miscellaneous
- 13. Contact
The following terms and conditions govern all access to and use of the PushMetrics web application (“Web App”), the www.pushmetrics.io website (“Website”), the PushMetrics Slack Application (“Slack App”) and service (together the “PushMetrics service”) including all content, services and products available at or through the PushMetrics service.
Please read the Agreement carefully before accessing or using the PushMetrics service. Your accessing or using any part of the PushMetrics service evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the PushMetrics service.
Only the general terms and conditions of PushMetrics GmbH shall apply. Any other general terms proposed by the Customer are not recognised, even if we do not expressly oppose them, unless they have been confirmed by PushMetrics in writing.
1. PushMetrics Service
The PushMetrics service allows you to connect various data sources such as, but not limited to, Tableau Server or Tableau Online and to aggregate, analyze and publish data from these data sources in Slack, via email, the PushMetrics web application or other channels.
PushMetrics may also in the future update current services and/or features or offer new services and/or features to the PushMetrics service (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.
Access to the PushMetrics service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the PushMetrics service at any time without notice.
After an initial free trial period, with a duration specified in the application interface, or beyond the usage limits of a free service as specified within the application interface, if any, your use of the PushMetrics service and your access to the data and information stored in your PushMetrics Account requires a paid subscription. The subscription you selected will begin once you complete the checkout process in the application interface and the credit card you provided will be charged with the amount of the selected subscription as indicated in the checkout process.
Until you cancel your subscription, your subscription will be renewed automatically for the duration of one additional billing period, depending on your selected subscription, and your credit card will be charged for each renewal at the beginning of each subscription period. Prices are subject to change upon notice. Such notice may be provided at any time by posting the changes to the site or the PushMetrics service itself.
You can cancel your subscription by giving notice in writing via email to firstname.lastname@example.org at least ten (10) days prior to the end of your current subscription period.
If you have any questions, comments or requests regarding your subscription, please email email@example.com.
2. Slack Service
PushMetrics and Slack Technologies Inc, the provider of the Slack communication service, (“Slack”) are different entities. There is no relationship between PushMetrics and Slack, other than PushMetrics being a licensee and user of the Slack API for the purpose of providing the PushMetrics service. Slack is not responsible for the PushMetrics service and will not provide support for the PushMetrics service.
These terms do not apply to your use of the Slack services. Such use is governed by the Slack Terms of service available on the website www.slack.com.
3. Use of PushMetrics Service and Creation of PushMetrics Account
In order to use the PushMetrics service, you must be 18 years of age or older. You must also have the power to enter into a legally binding contract with us, and not be barred from doing so under any applicable laws.
You may create a PushMetrics Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity (your “Company”) which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users.
You are responsible for maintaining the security of your account (including your username and password), and you are fully responsible for all activities that occur under your account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify PushMetrics of any unauthorized uses and users of your Account integrated with the helpdesk or any other breaches of security. PushMetrics will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the PushMetrics service and in the material published on it.
We grant you:
- a limited, non-exclusive, revocable license to make use of the PushMetrics service (excluding the website); and
- a limited, non-exclusive, revocable license to make personal, non-commercial use of the website and the material published on it.
These licenses shall terminate when the Agreement terminates in accordance with Section 7 (Termination).
The agreement does not transfer any of PushMetrics’s or any of PushMetrics’s licensors’ intellectual property to you. Title to such intellectual property will remain solely with PushMetrics or PushMetrics’s licensors (as applicable).
All PushMetrics trademarks, service marks, trade names, logos, domain names, and any other features of the PushMetrics brand are the sole property of PushMetrics. Your use of the PushMetrics service grants you no right or license to reproduce or otherwise use any of PushMetrics’s trademarks, service marks, trade names, logos, domain names or any other features of the PushMetrics brand, whether for commercial or non-commercial use.
5. Third Party Sites
The PushMetrics service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the PushMetrics service following the notification of any changes to the Agreement constitutes acceptance of those changes.
PushMetrics may terminate the Agreement and suspend your access to all or any part of the PushMetrics service immediately by contacting you at your email address on record if:
- you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or
- we consider termination necessary to protect the integrity or security of the systems used by us at any time.
If you wish to terminate the Agreement, you must cancel your PushMetrics Account. On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the PushMetrics service.
8. Disclaimer of Warranties
To the maximum extent permitted by law, the PushMetrics service is provided “as is” and “as available.” PushMetrics hereby disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, without limitation, the warranties of merchantability and fitness for a particular purpose and non-infringement. PushMetrics does not warrant that the PushMetrics service will be complete, accurate, reliable, timely, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the PushMetrics service at your own discretion and risk.
We do not warrant, endorse, guarantee or assume responsibility for any messages, or any other product or service advertised or offered by a third party on or through the PushMetrics service.
The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
9. Limitation of Liability
PushMetrics shall be liable for damages in the event of wilful intent or gross negligence, an injury to life, body or health, in the event of fraudulently concealed defects, and a violation of the Product Liability Act [Produkthaftungsgesetz]. This shall also apply to damage caused by the gross negligence of an agent or an employee of PushMetrics.
PushMetrics shall be liable for damages caused by slight negligence only if such are due to a material breach of its obligations hereunder, which endangers the achievement of the objective of the Agreement, or to a failure to comply with duties, the very discharge of which is an essential prerequisite for the proper performance of the Agreement and on the observance of which the Customer may rely.
Liability is limited to the damage which can be typically foreseen for such type of agreements and shall be further limited as follows:
- PushMetrics’ liability is limited to the amount paid by Customer to PushMetrics; and
- in no event shall PushMetrics be liable for indirect damages, consequential damages or loss of profit.
10. Representations and Warranties
You represent and warrant that your use of the PushMetrics service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
- you will comply with the PushMetrics Terms of service at all times;
- you will provide us with accurate information (where required);
- you will not use the PushMetrics service in the event of an emergency;
- you will not maintain more than one free account;
- you will not access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
- you will not use the PushMetrics service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the PushMetrics service;
- you will not infringe our intellectual property rights or those of any third party in relation to your use of the PushMetrics service;
- you will not use the PushMetrics service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- you will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the PushMetrics service.
You agree to indemnify and hold harmless PushMetrics and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the PushMetrics service, including but not limited to your violation of the Agreement, except in the event of wilful intent or gross negligence, an injury to life, body or health, in the event of fraudulently concealed defects, and a violation of the Product Liability Act [Produkthaftungsgesetz].
The Agreement constitutes the entire agreement between PushMetrics and you concerning the provision of the PushMetrics services. The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so. We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights or obligations under the Agreement. Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Germany without giving effect to any choice or conflict-of-law provision or rule that would cause the application of the laws of any jurisdiction other than Germany. Exclusive place of jurisdiction for all disputes arising from and in connection with this Agreement shall be Potsdam, Germany.
If you have any questions, comments or requests regarding the Agreement, please email firstname.lastname@example.org.