Please read these Terms and Conditions ("Terms" / "Terms and Conditions" / "Service Agreement") carefully before using https://app.gaconnector.com (The "Service") operated by Sergii Zuiev Software ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you should not access the Service.
By using our Website and Services, you also agree to the Data Processing Agreement, which governs the processing of personal data.
- WHO SHOULD READ THESE TERMS?
When you access our website, and/or when you sign up and/or use our services, you agree to be bound by the Terms contained in this Service Agreement and also the GA Connector's Data Processing Agreement.
"Agreement" / "Terms" / "Terms and Conditions" refer to all Terms contained in this Agreement
"Account" means the respective account that a customer signs up for
"Customer" / "You" / "User" refers to the business and/or individual that visits our website and sign up to access and use our services
"Sign-up Form" means the form that each customer needs to fill out before the respective customer can start accessing and using our services
"Services" refers to all features, and integration capabilities, listed in section 4 of this Agreement.
"We" / "Us" / "Service Provider" refers to the entity described in section 3 of this Agreement.
- WHO WE ARE
Business name: Sergii Zuiev Software
Business address: Mazowiecka 11, office 49, Warsaw 00-052, Poland
Contact email: [email protected]
Services we provide are listed below in an exhaustive manner and should be construed restrictively.
- GA Connector tracking code which helps you add analytics data to leads and opportunities in your customer relationship management system
- Capability to create reports on revenue for your campaigns
We reserve the right to unilaterally make changes to the suite of services we provide and add and/or remove any capabilities.
- LICENSE GRANT
Subject to the terms and conditions of this Agreement for the length of the term set forth in the applicable Order, Sergii Zuiev Software grants Customer, a non-exclusive, non-transferable, non-assignable, worldwide, limited right to access and use the Service (which may be modified, revised and updated in accordance with this Agreement) for collecting and analyzing web data on Customer's site(s), for Customer's own internal business purpose.
- CUSTOMER DATA
We assume that all data that is provided by the Customer was taken with the consent. Customer agrees that it will not provide any Sensitive Data to the Service. If Customer discovers that due to human error or otherwise, Customer Data does include Sensitive Data, Customer will promptly notify Sergii Zuiev Software and provide sufficient information to the Service to locate such Sensitive Data and Sergii Zuiev Software will scrub its systems, and the Sensitive Data in its control or possession. As between Customer and Sergii Zuiev Software, Customer owns all Customer Data and except as specifically provided in this Agreement or otherwise agreed to in writing between the parties, Sergii Zuiev Software has no right to such Customer Data. Customer grants to Sergii Zuiev Software a non-exclusive royalty-free license to access Customer Data in order to provide the Services to Customer and as necessary to monitor and improve the Services. Sergii Zuiev Software will not (a) disclose Customer Data except as compelled by law or as expressly permitted in writing by you, or (b) access Customer Data except to provide the Services or prevent or address service or technical problems, or at your request in connection with customer support matters. For the avoidance of doubt, Sergii Zuiev Software may use, reproduce, and disclose Customer Data that is anonymized, de-identified, or is otherwise not reasonably associated or linked to Customer for product improvement. Customer, not Sergii Zuiev Software, will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has business, technical or financial information relating to Disclosing Party's business which it has disclosed or may disclose during this Agreement (“Confidential Information”). Sergii Zuiev Software's Confidential Information includes non-public information regarding features, functionality and performance of the Services, as well as all user visible aspects of the Services. Customer's Confidential Information includes information provided by Customer to the Service to enable the provision of the Services as well as all Customer Data. The terms and conditions of this Agreement, including all pricing and related metrics, are each party's Confidential Information.
Receiving Party agrees that it will take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of Disclosing Party. Without limiting the foregoing, Receiving Party will take at least those measures that it takes to protect its own most important confidential information. Receiving Party agrees (i) not to use any Confidential Information of Disclosing Party for any purpose except to perform its obligations or exercise its rights under this Agreement and (ii) not to disclose any Confidential Information of Receiving Party to third parties or to such party's employees, officers, agents, contractors or other representatives (“Personnel”), except to those Personnel of Receiving Party who need or have access to such Confidential Information in order to perform works in connection with this Agreement and are subject to confidentiality obligations consistent with those of this Agreement.
Disclosing Party agrees that these confidentiality obligations will not apply to any information that Receiving Party can document (a) is or becomes generally available to the public; (b) was in its possession or known by it prior to receipt from Disclosing Party; (c) was rightfully disclosed to it without restriction by a third party; and/or (d) was independently developed without use of any Confidential Information of Disclosing Party. Nothing in this Section precludes either party from disclosing the other party's Confidential Information as required by law or a legal process, provided that such party (a) gives the other party prior written notice sufficient to permit the other party to contest the disclosure or seek a protective order (or other confidential treatment) and (b) reasonably cooperates with the other party in limiting the disclosure. In addition, a party may disclose information concerning this Agreement and the transactions contemplated under this Agreement, including providing a copy of this Agreement, to any or all of the following: (a) potential acquirers, merger partners, investors and their personnel, attorneys, auditors and investment bankers, solely in connection with the due diligence review of such party by persons and provided that the disclosures are made in confidence, (b) the party's outside accounting firm, or (c) the party's outside legal counsel.
Return of Confidential Information.
Promptly following the earlier of (i) the expiration or earlier termination of this Agreement, or (ii) the request of Disclosing Party, Receiving Party will return to Disclosing Party, or destroy all Confidential Information that are in written, electronic or other tangible form (including, without limitation, all written or printed documents, notes, memoranda, email, or computer memory, whether or not prepared by Receiving Party) to the extent containing or summarizing any portion of the Confidential Information, including, without limitation, all copies and extracts of such Confidential Information. In addition, upon the request of Disclosing Party, Receiving Party will certify to Disclosing Party in writing Receiving Party's and its Personnel's compliance with its obligations pursuant to this Section.
Notwithstanding anything to the contrary in this Agreement, Sergii Zuiev Software may retain Confidential Information after termination of this Agreement for such period of time agreed to by Customer and Sergii Zuiev Software. To the extent that Sergii Zuiev Software is required by law to maintain copies of Confidential Information, Customer Data, or records related to disclosure or handling of Confidential Information, Sergii Zuiev Software will be under no obligation to destroy such information. Furthermore, Sergii Zuiev Software will be permitted to retain such information, as Sergii Zuiev Software reasonably determines necessary to demonstrate to Customer or any regulatory authority, Sergii Zuiev Software's compliance with this Agreement or any applicable law or regulation. At such time as Sergii Zuiev Software's basis for retaining such information ceases to exist, Sergii Zuiev Software will destroy such information as set forth above.
- CUSTOMER OBLIGATIONS RELATED TO INTELLECTUAL PROPERTY RIGHTS
Except as permitted under this Agreement or as required by law, Customer will not, and will not permit or encourage anyone else, to:
- license, sublicense, sell, resell, transfer, assign, distribute, use as a service bureau or timeshare, or otherwise commercially exploit or make the Services available to any third party in any way;
- modify, disassemble, or make derivative works based upon the Services or otherwise attempt to derive source code or other trade secrets from the Services;
- reverse engineer or access the Services to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services;
- modify, remove, or obstruct any proprietary rights statement or notice contained in the Services;
- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
- send or store (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates third-party privacy rights; or (b) material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents or programs;
- attempt to gain unauthorized access to the Services or its related systems or networks;
- access the Services if you are a direct competitor of Sergii Zuiev Software, except if Sergii Zuiev Software agrees in writing before you access the Services;
- use the Services over the number of sessions selected in the applicable Order; or
- provide false identity information to access or use the Services.
- CUSTOMER'S OBLIGATIONS
When you visit our website and use our services, you agree that you will not:
- Use our website, content, or services for any unlawful purpose,
- Solicit others to involve in any unlawful acts,
- Infringe upon any Intellectual Property Rights, whether our IP rights or that of others,
- Submit false, inaccurate, or misleading information,
- Harass, intimidate, abuse, or insult anyone,
- Interfere with or circumvent the security features we put in place.
You also agree and warrant that you will:
- Comply with all applicable laws and regulations,
- Provide accurate, and up-to-date information when signing up for our services and you will not provide misleading information,
- Not infringe any third-party rights.
You warrant that you will not use the Website, Platform and/or Services or any part of it to build a product or service that competes with Us and our services.
You agree that we may use your company name, trading name, and/or logo on our website and/ or in our own promotional and marketing materials.
Subject to the terms of this Agreement, Sergii Zuiev Software will provide Customer with reasonable technical support services. Our servers may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. We may attempt to inform you if such downtime is planned, but we are under no obligation to do so. You agree that we are not liable for the unavailability of our Service.
- INTELLECTUAL PROPERTY OWNERSHIP
GA Connector IP. Except for the limited right to access and use the Services under this Agreement and the applicable Order, Customer acknowledges and agrees that, as between the parties, Sergii Zuiev Software (or its licensors) have and will retain any and all rights, title, and interest in the Services, any software utilized to perform the Services and the User Guides (collectively, the Sergii Zuiev Software Products) and all derivative works made by any person or entity in or to the Sergii Zuiev Software Products, including, but not limited to, patents, copyrights, trademarks, trade secrets and other intellectual property and proprietary rights (collectively the “Intellectual Property Rights”) associated with the Sergii Zuiev Software Products. Customer will not assert or cause any other party (including, without limitation, any User) to assert any right, title, or interest in or to the Sergii Zuiev Software Products or other portion of Sergii Zuiev Software's Intellectual Property Rights.
Customer grants Sergii Zuiev Software a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into its software or services, any suggestions, enhancement requests, recommendations, or other feedback provided by Customer, including its Users, relating to GA Connector's software, services or business operations.
This Agreement is not a sale and except as set forth in this Agreement, does not give Customer any rights of ownership in, or related to, the Services, any GA Connector software or the Intellectual Property Rights owned by Sergii Zuiev Software.
Customer IP. Except as set forth in this Agreement, this Agreement does not give Sergii Zuiev Software any rights of ownership in, or related to, any Intellectual Property Rights owned by Customer.
This Agreement will commence on its Effective Date and will remain in effect for the term set forth in the Order. The Agreement will automatically renew for successive terms equal to the Initial Term, unless one party gives notice to the other party of its intent not to renew prior to the expiration of the then current Term.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
When you create an account with us, you must provide us information that is 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 on our Service.
- PAYMENT OF FEES
The Services are offered on a subscription basis and payments can be made via credit card or via Paypal.
The final payment amount for the subscription will be displayed on the Order page.
We will bill your credit card at the time and according to the rates and terms which are incorporated into the Order.
Customer may separately subscribe for separately priced modules, as and when released by Sergii Zuiev Software. Customer must provide Sergii Zuiev Software with valid credit card information as a condition to signing up for the Services.
Customer agrees that Sergii Zuiev Software may charge the credit card the fee for the entire Subscription Term unless otherwise agreed to in an Order.
When you subscribe to any of our services, you will be billed in advance and your subscription will be automatically renewed, unless you cancel your subscription before the current billing cycle ends.
Sergii Zuiev Software will send notice to you if payment fails for any reason and you agree that you will immediately submit accurate credit card information for processing. It is your responsibility to make sure payment details are correct to prevent Service interruption and to allow successful renewal payments.
If Customer believes that Sergii Zuiev Software has billed Customer incorrectly, Customer must contact Sergii Zuiev Software no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to [email protected].
All Fee changes will be made prospectively and any Services that have been pre-purchased will not be affected by the change in Fees. Unless otherwise agreed to by the parties or as set forth on an Order, all Fees for any renewal periods will be based upon Sergii Zuiev Software then-prevailing rate. Sergii Zuiev Software may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Sergii Zuiev Software within 30 days after the mailing date of the invoice (unless otherwise specified on the Order).
The Fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases under this Agreement and any Order.
Suspension of Service and Acceleration.
If any amount owing by Customer under this or any other Agreement with Sergii Zuiev Software is ten (10) or more days overdue, Sergii Zuiev Software may, without limiting its other rights and remedies, accelerate Customer's unpaid fee obligations under such Order so that all such obligations become immediately due and payable, and suspend any and all services until such amounts are paid in full. If Customer or Sergii Zuiev Software initiates termination of this Agreement, Customer will be obligated to pay the balance due on Customer's account. Any use of the Services in violation of the Agreement by Customer that in Sergii Zuiev Software's reasonable judgment threatens the security, integrity or availability of Sergii Zuiev Software's services or that of its other customers, may result in Sergii Zuiev Software's immediately suspending the Services.
No Refunds. The Subscription Term will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using the Sergii Zuiev Software subscription during your Subscription Term.
All payments for your subscriptions shall become due immediately upon you subscribing to the relevant services.
Unless we specify to the contrary, prices displayed are in $(USD).
Subscription amount to be paid by the customer shall not be subject to any currency fluctuations.
We reserve the right to unilaterally change the subscription prices. Any changes to the subscription prices shall become effective upon notice to our customers via email.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
- PRIVACY & SECURITY
The customer agrees to comply with the Data Processing Agreement and warrants that it will comply with all applicable data protection laws and regulations.
- REPRESENTATIONS & WARRANTIES AND DISCLAIMERS
Customer agree that he/she will not make any false, misleading, or disparaging representations or statements regarding our Services, or business.
Customer warrants that it possesses all necessary licenses and approvals to enter into this Service Agreement and access to and use our services.
- LIMITATIONS OF LIABILITY
Our website, services, platform, and any content therein are provided on an “as-is” and “as-available” basis.
We make no warranty or representation as to the security, accuracy, quality, reliability, or availability of our website, services, or content.
We hereby disclaim all warranty and/or representations that our platform, our services, or any content therein will be reliable, accurate, of certain quality, or uninterrupted.
We make no warranties that any results obtained through the use of our services will satisfy your expectations or goals.
The Service Provider and the User hereby agree that the Service Provider shall not be liable to the User for:
- loss of profit, business, goodwill, anticipated savings, goods, contract, use, or data; losses arising from the acts or omissions of a User; or for any special, indirect, consequential, or pure economic loss, costs, damages, charges, or expenses.
- In any event, The total liability of the Service Provider in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise arising in connection with the provision of its Services and access to and use of its Platform shall not exceed the total amount paid to the Service Provider in subscription fees.
- FORCE MAJEURE
Neither party will be liable for any failure or delay in the performance of any of their respective obligations (other than confidentiality obligations and payment obligations) if prevented from doing so by a cause or causes beyond its reasonable control (a “Force Majeure Event”). Without limiting the generality of the foregoing, Force Majeure Events include fires, floods, terrorism, strikes, blackouts, war, restraints of government, utility or communications failures or interruptions, failures of third party vendors, Internet slow-downs or failures, computer hackers or other causes that are beyond a party's reasonable control. Failure to meet due dates or time schedules resulting from a Force Majeure Event will extend the due dates or time schedules for reasonable periods of time as determined by the parties in good faith.
- GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of law provisions.
Courts of Poland shall have exclusive jurisdiction to deal with any matters in relation to or arising out of these Terms and the customer's access to and use of our Services and Website.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
- DISCLAIMER OF WARRANTIES FOR RESULTS
When you access to and use our services, you agree and acknowledge that we do not guarantee any particular result, achievement, or outcome.
You hereby release us of all liability for any failure on your part to obtain a specific result or outcome.
You shall indemnify, defend, and hold harmless the Service Provider (including its directors, employees, agents, contractors, and other personnel), from and against any claims, costs, damages, losses, liabilities, and expenses (including legal fees) relating to any claims, actions, suits or proceedings by third parties against Service Provider arising out of or related in any way to any breach by the User of any of the warranties.
- LINKS TO THIRD-PARTY WEBSITES
We shall in no case be held responsible for the technical availability of websites operated by third parties (including its possible partners) to which You would have access through our website.
The Customer shall not engage in any activity if it relates to a business that is similar to or in any way competitive with our business without obtaining prior consent from us.
- ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Customer and the Service Provider and supersedes all prior understandings and representations.
- USE OF CUSTOMER LOGO AND NAME
The Service Provider shall have the right to disclose the existence and terms of this Agreement to any current or prospective investors, acquirers, vendors or collaborators provided that any recipient of such disclosure under this clause shall be subject to appropriate obligations of confidentiality and non-use obligations.
The Service Provider shall have the right to use on its website the Customer's logo, provided that the use of the Customer logo is limited to statements of fact.
The Service Provider shall have the right to use the Customer's logo in the ads it displays online.
The Customer shall have the right to revoke its consent to such use of the logo at any time by contacting the Service Provider.
Except as expressly stated above, the Service Provider will not use the name or logo of the Customer or its employees or representatives in any press release, or other publicity without prior written approval of the other Party.