TERMS OF SERVICE
Last Updated: May 2, 2018
THIS FOLLOWING TERMS OF SERVICE DESCRIBES THE TERMS AND CONDITIONS ON WHICH YET ANALYTICS, INC. OFFERS YOU USE OF OUR WEBSITE AND ACCESS TO OUR SERVICES.
These Terms of Service (the “Terms”) describe the terms and conditions for your use of our websites and services and all the other products, services and applications made available by Yet Analytics, Inc. (the “Services”). You must agree and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. If you use the Services in any way after a change to the Terms is effective, then please remember that means you agree to all of the Terms. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
If you have any questions, comments, or concerns regarding these Terms, please contact us at firstname.lastname@example.org.
As a condition to using Services, you are required to open or have a current an account with Yet Analytics and select a password and username (which may be your e-mail address), and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.
By using our Services including our website(s), you represent that:
You represent and warrant that you are of legal age to form a binding contract.
If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.
You promise to only use the Services for your internal, non-commercial, business or educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for you using the Services in a way that breaks the law.
You further agree that your Content that may be uploaded to our website(s) and your interactions when using the Service shall not: (a) be false, inaccurate or misleading; (b) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; (d) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or contain illegal material; (e) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (g) create liability for us. We reserve the right, but We have no obligation, to reject or terminate Service to any user that does not comply with these prohibitions.
Responsibility for Content
Any information or Content posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information you may find offensive or inappropriate; and we accept no responsibility or liability for such activity. If you experience or encounter any inappropriate material while using the Service, please contact us immediately at email@example.com so we can endeavor to remedy the situation. We also can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you upload, contribute or submit, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
All materials displayed or performed on the Services (including, but not limited to, data, text, graphics, articles, photos, images, illustrations, and so forth, collectively, “Content” herein) are protected by copyright and other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Yet Analytics’) rights.
You understand that Yet Analytics owns the Services including, without limitation, all software used in providing the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Services.
In connection with your use of the Service or its contents, you will not (a) post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (b) remove any copyright, trademark or other proprietary rights notices contained in the Yet Analytics’ software or with respect to the Service; (c) interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site; (d) post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service; (f) "frame" or "mirror" any part of the Service, or use meta tags or code or other devices containing any reference to us or the Service or the site in order to direct any person to any other website for any purpose; (g) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website or any software used on or for the Service or cause others to do so; or (h) use the Services in connection with any commercial endeavors whatsoever without our express prior written consent.
Changes in the Services
We may change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.
These Terms apply to your use of all the Services, including the Yet Core software and mobile applications.
Warranty and Disclaimer; Limit of Liability
Your access to and use of the website may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the website or any other reason within or outside the control of Yet Analytics. We reserve the right to suspend or discontinue the availability of the website and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the website and the Services without notice or liability. The website should not be used or solely relied upon for storage of your learning data. Your data is exportable and you are directed to retain your own copies of all Content posted on the website.
Yet Analytics does not make any representations or warranties concerning any Content contained in or accessing through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Yet Analytics or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product).
THE SERVICES, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL YET ANALYTICS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE LESSER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO YET ANALYTICS IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold Yet Analytics, its affiliates, officers, agents, employees, contractors, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or you’re Yet Analytics Services account, in any way (by operation of law or otherwise) without Yet Analytics’ prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the State of Maryland, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Baltimore, Maryland, in English, in accordance with the Arbitration Rules and Procedures of the American Arbitration Association ("AAA") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of AAA arbitrators in accordance with the Arbitration Rules and Procedures of AAA. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Maryland.
Term and Termination
These Terms are effective upon your use of the Services and upon the posting dates of any subsequent amendments to this Agreement for all current users. We may terminate your access to the Service at any time, for any or no reason, without explanation or notice of any kind. Upon such termination by us, we may remove all of your information from our servers. We maintain sole discretion to bar your use of the Service in the future, for any or no reason. Even after your participation in the Service is terminated, this Agreement will remain in effect and will continue to govern, among other things, your right to use the Service including any software or mobile application.
Without limiting other remedies, we may terminate your ability to use the Service, remove your Information, warn our community of your actions, issue a warning, and refuse to provide our services to you if: (a) you breach these Terms or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) if we suspect that you have engaged in fraudulent or illegal activity in connection with the Services.
We may also use your email address to send you other messages, including information about Yet Analytics and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding Yet Analytics or the Services, special announcements or special offers.
Communications made through email or our messaging system will not constitute legal notice to Yet Analytics or any of its officers, employees, agents or representatives in any situation where notice to Yet Analytics is required by contract or any law or regulation.
You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Yet Analytics agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Yet Analytics, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Yet Analytics in any respect whatsoever. Except as expressly set forth herein, you and Yet Analytics agree there are no third party beneficiaries intended under this Agreement.
Yet reserves the right to rate limit the data streams of users going beyond the scope of their monthly plan, but will first make users aware of the situation and propose a custom solution to such high-intensity needs.
Last Updated: May 17, 2018
We at Yet Analytics, Inc. ("Yet Analytics," "we," "us," "our”) take your privacy seriously and we are committed to respecting and protecting your privacy.
This policy does not apply to websites or practices of companies that Yet Analytics does not own or control, or to individuals that Yet Analytics does not employ or manage, including providers of third party software or content.
INFORMATION WE DISPLAY OR COLLECT
Information You Provide to Us
We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. This includes information provided in your registration process or that you may submit for the purpose of paying for our Services. This information may include, without limitation, personal information such as your name, user name, email address, phone number, billing and financial information corresponding method of payment (e.g. a credit card number and expiration date or a bank account number), and any other information necessary for us to provide our Services (“Personal Information”).
Information Collected Automatically
We receive and store certain types of usage information whenever you interact with the Services; this information is not Personal Information. For example, Yet Analytics automatically receives and records information on our server logs from your browser including your IP address, Yet Analytics cookie information, and the page you requested. We also record the details of your activity on the Services, and the number and frequency of visitors to our site and its components.
Cookies are alphanumeric identifiers that we transfer to your computer or mobile device to enable our systems to recognize your computer or device and tell us how and when pages in our site are visited and by how many people. Yet Analytics cookies do not collect Personal Information, and we do not combine the general information collected through cookies with other Personal Information to tell us who you are or what your user name or email address is. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because you may not be able to log in or use many of the Services’ most attractive features without cookies enabled. The Services may also contain electronic images known as web beacons (sometimes called single-pixel gifs) and are used along with cookies to compile aggregated statistics to analyze how the Services are used.
WHAT WE MAY USE IT FOR
When you use the Services, you may set up your personal profile, send messages, perform searches and queries, and transmit information through various channels, depending on the category of user ("User Category") you are registered as, and as permitted by the functionality of the Services. The information we gather from users enables us to personalize and improve our services, and allows users to set up a user account and profile through the Services.
The Personal Information you provide is used for such purposes as responding to your requests for certain information and services, customizing your experience, and communicating with you about the Services. We also use Personal Information for creating your individual account, customizing your experience, and for sending you notifications via the Services (“Notifications”).
Your email address
Yet Analytics uses this type of aggregate data to enable us to figure out how often users use parts of the Services, so that we can make the Services appealing and relevant to as many users as possible, and customize and improve those Services. As part of our use of information, we may provide aggregate information to our partners (in a non-personally-identifiable format) about how our users use our site. We share this type of statistical data so that our partners also understand how often people use our partners' services and the Services to help provide you with an optimal online experience. We may link usage information to Personal Information that we collect through the Services, but we will only use this linked information internally (for example, to customize your experience), and will not disclose it in linked format to third parties.
Resale of Personal Information
We neither rent nor sell your Personal Information; we may share your Personal Information and - in personally identifiable form only as described below. Again, please note that references to "Personal Information".
Businesses We Do Not Control
We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Examples include sending email, analyzing data, processing payment, and providing user services. Unless we tell you differently, Yet Analytics' agents do not have any right to use Personal Information we share with them beyond what is necessary to assist us.
If Yet Analytics, or some all of its assets were acquired or otherwise transferred, or in the unlikely event that Yet Analytics goes out of business or enters bankruptcy, user information may be transferred to or acquired by a third party.
Protection of Yet Analytics and Others
We may release Personal Information when we believe in good faith that release is necessary to comply with the law (such as to comply with a subpoena); enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Yet Analytics, our employees, our users, or others. We will use our best efforts to give you notice if we release information for these reasons, but we reserve the right not to so if it imposes an undue burden or expense, requires us to release confidential commercial information, or requires the disclosure of information relating to another person.
Your Yet Analytics account Personal Information is protected by a password for your privacy and security. We also use coding practices which take steps to prevent attack on our Services from web browsers and malicious scripts, by processing all actions through several permission verifications checks.
You may help protect against unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
When you enter sensitive information (such as a credit card number) in our Credit purchasing process, we encrypt the transmission of that information using secure socket layer technology (SSL).
Yet Analytics endeavors to keep your information private; however, we cannot guarantee security. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information. For additional information about the security measures we use in connection with the Services, please contact us at [email@example.com].
Opt Out Policy
You can always opt not to disclose information, even though it may be needed to take advantage of certain of our features.
You may request deletion of your Yet Analytics account by contacting us at [firstname.lastname@example.org]. Please note that some unrevised information may remain in our records after revision of such information or deletion of your account, or in cached and archived pages. Some information may remain viewable elsewhere to the extent that it was copied or stored by other users. We may use any aggregated data derived from or incorporating your Personal Information after you delete your information, but not in a manner that would identify you personally.
We will retain your Personal Information for as long as your account is active or as long as needed to provide the Services after which time it shall be deleted, subject to our right to retain and use such Personal Information necessary to comply with our legal obligations, resolve disputes, and to enforce our agreements.
Yet Analytics is not directed at children under 16. If a parent or guardian becomes aware that their child has provided us with information without their consent, they should contact us at email@example.com, and we will delete such information as soon as reasonably practicable.
Application Outside the United States
Yet Analytics adheres to the principles of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, as amendment (commonly known as the General Data Protection Regulations, or “GDPR”) for personal data that it receives from the EU member countries. If you are a citizen of an EU member country and we received personal data about you, you have the following rights and options in addition to those explained elsewhere in this policy: