TERMS OF SERVICE

By accessing or purchasing PadiAct from PadiCode, SRL., you acknowledge that you have read, understood and agree to be bound by the PadiAct Terms of Service. You may use PadiAct (the "Service") for reports owned by you or otherwise under your management and control.

GOOGLE ANALYTICS DATA USAGE

PadiAct does not store or caches your website's reports and statistics. It pulls data in real-time, on demand, to you only. We only pull from your Google Analytics account the data that is visible to you on the reports page. The data is acquired from the Google Analytics API using an oAuth token so we don't have any access to your Google accounts credentials. You can unlink your Google Analytics account from PadiAct at any time.

ACCOUNT

To register for the Service and create an account, you must complete the registration process by providing PadiAct with complete and accurate information as prompted by the registration form, including e-mail address (username) and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify PadiAct immediately of any unauthorized use of your account or any other breach of security.

Use of PadiAct includes supplying information from your Google Analytics profiles(s). We only require that you provide User access to your profiles(s), which allows PadiAct to create reports. Since User access provides viewing rights only, we take no responsibility for any changes or modifications to your Google Analytics profile(s) and account(s). Reports from your Google Analytics profiles(s) are not shared and are intended for your use only. In the event that you cancel your PadiAct service, we recommend that you remove PadiAct from your Google Analytics User Manager.

Please note that Google Analytics™ is the trademark of Google, Inc. and is not affiliated with PadiAct. Google, Inc. accepts no responsibility, liability and does not provide support to individuals choosing to use PadiAct. All inquiries regarding PadiAct should be submitted to: legal@padicode.com

Use of PadiAct includes supplying information from your other third party profile(s). We only require that you provide certain info to your profiles(s), which allows PadiAct to create reports. Since User access provides viewing rights only, we take no responsibility for any changes or modifications to your third party profile(s) and account(s). Reports from your third party profile(s) are not shared and are intended for your use only. In the event that you cancel your PadiAct service, we recommend that you remove PadiAct script as well.

From time to time, PadiAct may find it necessary to access your account. For instance, PadiAct may access your account for support, maintenance or security-related reasons. In such event, PadiAct will, if possible, provide you notice of its intent [to use your username and password] to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.

LICENSE

Subject to the terms and conditions of this Agreement, (i) PadiAct hereby grants you a revocable, non-exclusive, non-transferable license to include the PadiAct-provided java script (together with any fixes, updates and upgrades provided to you, the "PadiAct Script") in the HTML code for web page(s) that are properly registered for Service with PadiAct and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s); and (ii) you may remotely access the Service to view and download your reports stored on the PadiAct website located at www.padiact.com
Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the PadiAct Script, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the PadiAct Script or Service, including, but not limited to, by sharing your access username and/or password.

FEES

As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the PadiAct website or inside your PadiAct account.

Payment, Refunds, Upgrading and Downgrading Terms

  1. The free plan gives you access to the PadiAct account until it reaches the limit of 50 subscribers per month. When the account reaches the limit, the system will ask you to upgrade to the next service plan. If you do not upgrade after reaching the free plan limit, your account will expire and you will not be able to collect anymore subscribers.
  2. With exception to the free plan, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made.
  3. For any upgrade or downgrade in plan level, you will be asked to perform the payment with your credit card and you will be charged automatically with the new rate and billing cycle.
  4. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. PadiAct does not accept any liability for such loss.

ACCOUNT CANCELATION

  1. To cancel your account you can send the request from the Account Settings inside PadiAct account, and we will cancel your account in maximum 48 hours.
  2. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again for the next billing cycle.

Modifications to the Service and Prices

  1. PadiAct reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice
  2. Prices of all Services are subject to change.
  3. PadiAct shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

INFORMATION RIGHTS

You have the exclusive right to use all data derived by your use of the Service, including reports, for any purpose related to your business and you shall retain ownership of all confidential information and statistics relating to your website, such as raw data and log files generated by the Service (collectively, "Client Data").
Notwithstanding the foregoing, in connection with the provision of the Service, PadiAct: (i) may collect certain non-personally identifiable information about users of your website and (ii) may aggregate data derived from your use of the Service to compile aggregate statistics, metrics and general trend data about the Service for marketing and promotional purposes. For the avoidance of doubt, any data collected, compiled, generated or used in the foregoing manner by PadiAct shall not constitute "Client Data."

SERVICE LEVELS

PadiAct does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond PadiAct's control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where PadiAct or your servers are located or co-located.

LIMITATION OF LIABILITY

THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE. PADIACT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR WITHOUT DELAY. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE. PADIACT SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF PADIACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. PADIACT IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. PADIACT MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE US DOLLAR ($1 USD). THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
MODIFICATIONS TO TERMS OF SERVICE

PadiAct reserves the right to update and change the Terms of Service from time to time without notice. Any new features or enhancements to the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Inquiries regarding PadiAct Terms of Service can be directed to: legal@padicode.com

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