Terms of Service
Effective Date: Mar 5, 2022
These Terms of Service (the "Terms") govern your use of the data analysis platform and associated tools (collectively, the "Service") made available by Mprove, including as made available through our website at mprove.io. Your use of the Service indicates that you agree on behalf of yourself or the entity that you represent (collectively, "you") to be bound by these Terms. YOU AGREE THAT THESE TERMS ARE ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU.
We reserve the right to modify these Terms prospectively at any time. We will post any changes to these Terms on our website and will indicate the date the Terms were last revised. Your continued use of the Service after any such change constitutes your acceptance of the updated Terms.
1. Overview of the Service
The Service is comprised of certain Mprove proprietary software (the “Software”) that allows You to centralize and analyze your data. Software and services provided thereby and from Our Sites shall be collectively known as the “Service(s)”.
All data, queries, comments, analyses or other content is collectively referred to in these Terms as "Content." All Content uploaded or posted to, or otherwise made available on, the Service through your account is collectively referred to in these Terms as "Your Content."
In order to use the Service, you must register and set up a user account. The user registration process requires that you agree to these Terms.
The Service is intended solely for individuals who are at least 18 years of age or older. Any registration on or use of the Service by anyone under 18 is unauthorized. By using the Service, you represent and warrant that you are at least 18 years old.
You are responsible for all activities that occur under your account and for keeping your password and log-in information secure. Please keep in mind that your name and the user name on your account will be viewable by other users of the Service. You agree that you (1) will monitor your account, (2) will not share your account or password with anyone, and (3) will notify Mprove immediately of any unauthorized use of your account or password, or any other breach of security.
You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.
4. Financial Terms
Mprove offers different pricing plans for its Services.
By converting to a Paid Plan, You are agreeing to pay in advance the amount due for each subscription period based on your usage.
By signing up for a Plan You are responsible for all fees due for the entire subscription period – even if You cancel your subscription.
You authorize us (or a billing agent acting on Our behalf) to charge You the applicable fees using your selected payment method. We’ll automatically bill You in advance from the date You convert to a Paid Plan based on your usage and on each subscription renewal until cancellation.
We may revise Service rates at any time, or impose additional fees or charges. Your Paid Plan will remain in effect until it’s cancelled or terminated under these Terms and Conditions. If You don’t pay for your Paid Plan on time, We reserve the right to suspend or terminate your account.
5. User Conduct
You agree not to upload to or otherwise make available through the Service any of the following:
any Content subject to copyright that is not your original work, unless you have permission from the rightful owner to post such Content and to grant Mprove all of the licensed rights granted herein;
any confidential or private information of any third party;
any Content that is harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, hateful, or otherwise objectionable; original
any Content that infringes or misappropriates third-party intellectual property rights, or is invasive of privacy or publicity rights.
In using the Service, you also agree not to do any of the following:
represent or imply that you are a representative of Mprove or that any of Your Content is endorsed by Mprove;
impersonate any other person or entity in your account, or falsely state or otherwise misrepresent yourself or your affiliation with any other person or entity in your account;
use or attempt to use another user's account;
intimidate or harass another user of the Service;
conduct any activities that could damage, disable, overburden or impair the Service, including by writing any malicious code or attempting to alter any of the raw data available through the Service;
modify another online offering or service so as to suggest that it is affiliated with the Service; or
use the Service in a way that is not in compliance with any applicable law, rule or regulation.
6. No Endorsement or Warranty
While we believe in accurate and truthful analysis, we cannot moderate all Content on the Service. Accordingly, you acknowledge that Mprove does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any Content uploaded to or otherwise made available on the Service, whether by Mprove or by or on behalf of any user, or any opinion or result derived from any such Content. You further acknowledge that Mprove does not provide any warranty for any Content uploaded to or otherwise made available through the Service.
7. Your Content and Licenses
Mprove does not assert ownership over any of Your Content. Rather, subject to the rights granted to Mprove and our users in these Terms, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights thereto.
You understand and agree that you are solely responsible for all of Your Content. This means that you are responsible for all comments and analysis added through your account to any Content made available on the Service by other users. It also means that such other users (and Mprove) are not responsible for any comments or analysis added through your account to their Content. And you (and Mprove) are not responsible for any comments or analysis added to Your Content by other users.
You understand and agree that Mprove has no obligation to pre-screen Content (including, but not limited to Your Content), but Mprove reserves the right to pre-screen, refuse or remove any Content. Mprove may, but is not obligated to, review Content posted to the Service from time to time, and may delete or remove (without notice) from the Service any of Your Content in our sole discretion, for any reason or no reason, including if in our judgment such Content violates these Terms, might be offensive or illegal, or might harm or violate the rights or threaten the safety of our users or third parties.
Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Services for your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms.
Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights.
8. Dealings with Other Users and Third Parties.
You are solely responsible for your interactions with other users of the Service and any other third party, including any disputes between you and any other user of the Service. YOU AGREE THAT MPROVE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM ANY DEALINGS BETWEEN YOU AND ANY OTHER USER OF THE SERVICE OR OTHER THIRD PARTY.
We reserve the right, but have no obligation, to monitor or attempt to mediate any dispute between you and any other user of the Service.
You agree to indemnify, defend and hold harmless Mprove, and its directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses (including reasonable attorney's fees) arising out of or in connection with (i) any allegation that any of Your Content infringes or misappropriates any intellectual property or other proprietary right of a third party or violates any applicable law, (ii) your conduct in connection with the Service, and/or (iii) any violation by you of these Terms.
10. Intellectual Property Rights in the Service
Except as otherwise provided elsewhere in these Terms, the Service (including the layout and organization of the Service and the Content available thereon) is the intellectual property of Mprove or our licensors, with all rights reserved.
Subject to the terms and conditions of these Terms, Mprove grants you a non-exclusive, revocable, limited license to access and use the Service, and to access, use, export and download the Content available thereon, all solely as enabled by the Service and subject to these Terms. Any use of the Service or any Content available thereon other than as specifically authorized in these Terms, without the prior written permission of Mprove, is strictly prohibited and will automatically terminate the foregoing license granted to you. Also, this license will terminate upon any suspension, termination or cancellation of your access to the Service.
You agree not to do any of the following:
Reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the Service, or any part thereof.
Attempt to derive the source code or structure of the Service, or any part thereof.
Remove from the Service, or alter, any of Mprove's or any of our licensors' trademarks, trade names, logos, patent or copyright notices, or other notices or markings.
Distribute, sublicense or otherwise transfer access to the Service to others.
All trademarks, service marks, logos and trade names associated with Mprove and/or the Service, whether registered or unregistered, are proprietary to Mprove (or to other companies where so indicated). Such marks may not be used, including as part of others' trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Mprove.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW). MPROVE DOES NOT GUARANTEE ANY SPECIFIC RESULT FROM USE OF THE SERVICE, AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS ERROR-FREE OR WILL PROVIDE ACCURATE, COMPLETE, RELIABLE, OR CURRENT INFORMATION.
Without limiting the foregoing, you acknowledge that Mprove is not responsible or liable in any manner to you for any Content uploaded to or otherwise made available on the Service, whether uploaded or made available by users of the Service, by Mprove, by a third party, or by any of the equipment or software underlying the Service. Mprove shall not be responsible for any deletion, correction, destruction, damage, loss, failure to store, or theft of (or unauthorized access to) any of Your Content.
In connection with making the Service available, we engage certain third-party vendors that provide hardware, software, networking, storage, and/or related technology necessary for the operation of the Service. Accordingly, our operation of the Service, including making Your Content available on the Service, may involve (i) transmissions of Your Content over various networks; (ii) changes to Your Content to conform and adapt it to technical requirements of connecting networks or devices, and (iii) transmission of Your Content to third-party vendors. In light of the foregoing, you acknowledge that you will be solely responsible for the security of Your Content and for protecting and backing up Your Content.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Mprove is not responsible for any technical malfunction or any other problem with any network or service, server or other equipment, software, or any other system associated with your use of the Service. Under no circumstance will Mprove be responsible for any loss or damage to your equipment, software or other technology resulting from your use of the Service or any Content available on the Service, or for any loss or damage you incur from any interactions with another user of the Service (whether online or offline).
Mprove reserves the right to modify the Service at any time without notice.
13. Limitations on Liability
IN NO EVENT WILL MPROVE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER SPECIAL OR INDIRECT DAMAGES (INCLUDING FOR ANY LOST BUSINESS PROFITS) OR FOR PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE SERVICE, EVEN IF MPROVE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Mprove may terminate your access to the Service, delete your account and/or prohibit you from using or accessing the Service for any reason or no reason at any time in its sole discretion, with or without notice. You may cancel your account at any time by electing the account cancellation option in the account settings functionality of the Service.
15. Governing Law
This Agreement is governed by and construed in accordance with the laws of the United States and the parties agree to submit to the personal and exclusive jurisdiction of the courts in United States. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or content in violation of these terms You agree that We are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
16. Contacting Us
If You have any questions or concerns at all about Our Terms of Service, please feel free to email: firstname.lastname@example.org