IF YOU DO NOT AGREE TO THE FULL EXTENT OF THESE TERMS, OR IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE WEBSITE OR THE SYSTEM OR ANY OF THE SERVICES OFFERED BY THE WEBSITE.
YOKARANDA RESERVES THE RIGHT TO MAKE CHANGES IN THESE TERMS, AT ITS SOLE DISCRETION, BY PUBLISHING AMENDED TERMS, AND THEREFORE, WE URGE YOU TO CHECK PERIODICALLY FOR UPDATES. YOUR CONTINUED USE OF THE WEBSITE OR THE SYSTEM OR ANY SERVICE OFFERED VIA THE WEBSITE, OR THE SYSTEM AFTER THE POSTING OF UPDATED TERMS, CONSTITUTES YOUR AGREEMENT TO SUCH AMENDED TERMS.
THE USE OF THE MASCULINE GENDER IN THESE TERMS IS FOR CONVENIENCE PURPOSES ONLY, AND ANY PART THEREOF, IN WHICH THE MASCULINE GENDER IS USED, APPLIES THE FEMININE GENDER AS WELL.
IN THE EVENT THAT YOU REPRESENT A CORPORATION, THAN YOU HEREBY APPROVE THAT YOU HAVE THE AUTHORITY TO BIND THE CORPORATION WITH THESE TERMS, AND TO PERFORM AND PROVIDE ALL REPRESENTATIONS, WARRANTIES AND OBLIGATIONS REQUIRED ON BEHALF OF THE CORPORATION.
THE WEBSITE AND THE SYSTEM
The Website is intended to provide an option to register and use of the System as well as a software library provided as open free software with BSD License (3-clause), as well as a SaaS (Software as a service) solution for developers to use the software library provided to them to upload time series and other data to the SaaS solution.
The SaaS solution (the "System") enables: (i) to store the data, (ii) to analyze the data (part of the analysis is forecasting) and (iii) to show data and analysis results to the subscriber via a web interface.
You shall have the option to choose the type of package you wish as follows:
You may alternatively or at all times, choose the one of the paid packages. This will allow you to use the System and additional features of the system and Website. The payment information will be stored and used by a third-party service provider. As soon as you finish to process the payment, you may use all of the features included in the subscription you selected.
We urge you to read all of the information concerning each package carefully.
Upon your registration, You will also be asked to select a username and password. You are responsible for maintaining the confidentiality of your username and password, and You are fully responsible for all activities that occur under the Account, with or without your knowledge. You agree, to immediately notify us of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
Upon subscription you will receive via email a subscription key. You are responsible for maintaining the confidentiality the subscription key
As part of the subscription process You will also be asked to select a username and password to access the information that uploaded to the SaaS, and the results of the analysis of this information. You are responsible for maintaining the confidentiality of your username and password.
You will also be provided a secret key you will use to upload data to the System. You are responsible for maintaining the confidentiality of your secret key.
You agree to immediately notify Us of any unauthorized use of your username, subscription key or secret key or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
You undertake that all information provided by You to YOKARANDA, is true and accurate and consent to update this information in order to keep its accuracy, correctness and completeness.
Any payment may be made either on a monthly subscription with automatic renewal, or an annual subscription
Following completion of any payment for services, an email will be sent to You summarizing the details of your order with an order number.
You may terminate any subscription and/or package and/or service that You ordered via the Website by sending a written notice by e-mail to firstname.lastname@example.org indicating your username, order number and request. The termination will be in effect upon the end of the month of subscription in case of monthly subscription or within 7 days in case of annual subscription. YOKARANDA can terminate your subscription at any time from any reason without limitation, and any payments paid in advance, for unused months shall be returned.
In case You have ordered an annual subscription, You may terminate your subscription without charge within 14 days from ordering. If you cancel after 14 days, your subscription will continue until the end of the next month of billing period, and you will be charged with early termination fee of 50% of your remaining subscription obligation
You hereby represent and warrant that You are the owner of the credit card and/or paypal account that You are paying from, and that such credit card and/or account has sufficient amount of credit to cover the payment. All payments through third parties (such as credit card or Paypal) are subject to the applicable third party's Terms of Service. You are aware that any inaccurate or untrue information provided by You with respect to such payment methods, is considered a criminal offense.
Any additional service that You wish to purchase via the Website in the future, shall be paid via the Website in the same way as detailed herein.
In order to make your experience of using the Website and the System joyful, fruitful and in compliance with all applicable laws, You and all other users are required not to:
(i) use the Website and/or System for any illegal purpose or for any purpose other than for the purposes for which it is intended;
(ii) sell or make commercial use in any materials contained in the Website and/or System, unless permitted by YOKARANDA or by the user that uploaded the materials;
(iii) use the Website and/or System in violation of any law, contractual restrictions or other third party rights;
(iv) intentionally interfere with or damage operation of the Website and/or System or any user’s enjoyment of the Website and/or System.
(v) Upload, post, email, transmit or otherwise make available any content and/or User Software that (a) is defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory unlawful, harmful, hateful, threatening, harassing, libelous, invasive of another's privacy, harmful to a minor or otherwise objectionable; (b) you do not own or have the right to disclose or make available under any law or under contractual or fiduciary relationships or that infringes upon confidentiality obligations, or proprietary rights of third parties; (c) is considered unauthorized advertising, such as "junk mail", "spam", "chain letters", "pyramid schemes", and any other form of solicitation; (d) contains software viruses, adware, spyware, worms, or other malicious code.
(vi) Upload any data that is knowingly or have suspicion to believe that are in breach with third parties rights or that includes any contents that are prohibited under the law or these Terms. Any breach by User's Software of any law or third party right, shall be under the sole responsibility of the user and user shall compensate YOKARANDA for any damage cost or expense caused to YOKARANDA as a result therefrom.
(vii) You shall not: (i) allow a third-party application to connect and read data from the System without Yokaranda’s prior written approval. (ii) use the System or the Website to conduct competitive research. (iii) disclose the results of any benchmark tests of the System to any third party without Yokaranda prior written approval. (iv) rent, lease or lend the System to third parties (v) transfer the System's right of use to any third party
You agree not to submit, transmit, or otherwise make available in any manner either as part of uploaded data, any content (i) that is obscene, abusive, defamatory, harassing, libelous, invasive of another's privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of mass mailing. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content (iv) that includes personal information concerning You or any third party. You represent and warrant that You possess all necessary rights to use the content that You submit to the Website and/or the System and that use of such content does not violate these Terms. You agree to defend, indemnify, and hold YOKARANDA harmless from and against any and all claims arising out of or relating to any content that You submit to the Website.
Data retention: The data will be retained by Yokaranda according to the subscription type. Free subscriptions data might be deleted if the free subscriber did not logged-in to the SaaS application for over 6 weeks. If a subscriber request to delete his data the data will be deleted only from the operational system, but might continue to recede in backups.
When you visit the Website or use the System or send e-mails to YOKARANDA, You are communicating with YOKARANDA electronically. We therefore take this as your consent to receive communications from YOKARANDA electronically. Please note that by doing so you agree that all agreements, notices, disclosures and other communications that YOKARANDA provides you electronically satisfy any and all legal requirement that such communications be in writing.
The Website includes or might include links or direct connections to other websites, contents or resources that are owned and operated by other third parties as a convenience to You (“Reference Sites”). Please note that YOKARANDA does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
All content included on the Website and/or the System, such as text, graphics, logos, button icons, images, audio and/ or video clips, digital downloads, data compilations, page headers, scripts, and service names, including all associated copyrights, trademarks, brands, service marks, patents or other proprietary rights are the property of YOKARANDA or properly licensed by it and are all protected by copyright laws and may not be used by you unless prior approved by YOKARANDA.
You hereby grant YOKARANDA and its applicable service providers an irrevocable worldwide, non-exclusive, transferrable license and right with respect to such data including the right to use, copy, reproduce, fix, adapt, modify, improve, reformat, publish, distribute, sell, license, sublicense, transfer, rent, lease, publicly display, in any way, as well as all modified and derivative works thereof including without limitation, reformatting it, incorporating it into other works, creating derivative works from it, promoting it and distributing it.
You shall have the sole responsibility for such data. YOKARANDA reserves the right to edit or reject any data from any reason whatsoever. You hereby grant YOKARANDA a worldwide, royalty-free, and nonexclusive license to all of the data as well as materials and contents uploaded by You to the System or created via the System to use, distribute, display, reproduce, and create derivative works from such content in any and all media.
Yokaranda hereby grant You with a worldwide, royalty-free, and nonexclusive license to all of the data as well as materials and contents uploaded by other third parties to the System or created via the System to use, distribute, display, reproduce, and create derivative works from such content in any and all media, subject to your commitment to upload any development made by You based on such data
YOKARANDA does not regularly review any data or content uploaded to the Website or System YOKARANDA reserves the right to edit any data or materials or contents in any way or to refuse to upload data that violates these Terms or that YOKARANDA finds objectionable for any or no reason.
WARRANTIES AND DISCLAIMERS
THE SERVICES INCLUDED IN THE WEBSITE AND/OR THE SYSTEM, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOKARANDA HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOKARANDA MAKES NO WARRANTY THAT (I) THE WEBSITE AND/OR THE SYSTEM WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND/OR THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SOFTWARE SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE AND/OR THE SYSTEM WILL MEET YOUR EXPECTATIONS.
ANY USE OF THE WEBSITE AND/OR THE SYSTEM AND/OR THE UPLOAD USE OR AMENDMENT OF ANY USER SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED TO YOU WITH RESPECT THERETO.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE AND/OR THE SYSTEM WHETHER BY YOKARANDA OR BY THIRD PARTY SHALL CREATE ANY WARRANTY TO YOKARANDA NOT EXPRESSLY STATED IN THESE TERMS.
YOKARANDA IS NOT RESPONSIBLE IN ANY WAY FOR THE QUALITY OF ITS DATA PROCESSING, DATA ANALYSIS, THE INSIGHTS IT GENERATES, OR FOR THE ACCURACY OF ITS FORECASTING YOKARANDA WILL BE NOT LIABLE ANY OUTCOME OR DAMAGE CAUSED BY THE FORECASTS, INSIGHTS, OR ANALYSIS RESULTS
YOKARANDA WILL NOT BE LIABLE FOR ANY SECURITY BREAK INTO THE WEBSITE AND/OR THE SYSTEM OR INTO YOUR COMPUTER THAT WILL MAKE ANY DAMAGE, OR ANY INFLUENCE ON THE USER SOFTWARE, INCLUDING WITHOUT LIMITATIONS DATA LOST.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, YOKARANDA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES YOKARANDA SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR THE INABILITY TO USE, DATA AND MATERIALS OR OTHER INTANGIBLE LOSSES (EVEN IF YOKARANDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATING TO THE WEBSITE.
IN NO EVENT SHALL YOKARANDA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT OF US$100 (ONE HUNDRED US DOLLARS), IF AT ALL.
STATUTE OF LIMITATIONS.
Please do not hesitate to contact our customer service at Service@yokaranda.com
Last Updated 28-June-2020