Terms of Service
This is the terms of Service 5 minutes read
Note: This document is only available in English, as it’s the official language of commerce for our clients (B2B) and in the regions we operate. Any translated copies are not valid.
“Customer Data” means anonymous, aggregated data concerning the characteristics and activities of visitors to the Customers’ website(s) collected by the Unlitics System, forwarded to the Servers, and analyzed by the Processing Software. The parties agree and understand that Customer intends to use the Service in a way that only anonymous information is collected from website visitors, so that no information collected can be used to identify individual website visitors (referred to as “PII”).
“Documentation” means any documentation for use with the Processing Software, including that which is available online or otherwise.
“Unlimited Plan” refers to a plan that exceeds the capacity/features/functionality/limitations of a Webmaster Plan or which has a separate contract between Customer and Unlitics.
“Trial Plan” means a restricted Account which includes all the features/functionality, provided at no cost to collect Customer Data derived from 249000 sessions in 14 days.
“URS” means the proprietary Unlitics Recording Script, which is included in the UTC for the purpose of collecting Customer Data, together with any fixes, updates, and upgrades (collectively, the “URS”).
“UTC” means the proprietary Unlitics Tracking Code, which is installed on a website for the purpose of collecting Customer Data, together with any fixes, updates, and upgrades (collectively, the “UTC”).
“Unlitics” means the company SaGuLi Inc., Aps registered in Delaware, United States.
“Page View” is a unit of measurement for usage of the Service. A Page View occurs each time the UTC or URS is executed on a web page accessed by a visitor.
“Paid Plan” refers to an Account which includes access to additional features/functionality, sessions per month, or storage based on a Subscription to a Webmaster Plan or Unlimited Plan.
“Processing Software” means the proprietary Unlitics server software, together with any fixes, updates, and upgrades, which process, analyze, and store the Customer Data.
“Proprietary Rights” means, without limitation, any patent, copyright, trademark, trade secret, design, database right, business name, domain name, layout, design or other intellectual property or Proprietary Right, whether registered or not and whether registerable or not, as may exist anywhere in the world.
“Recorded Session” or “Session” is a unit of measurement which consists of a plurality of Page Views during a single browsing session on the Website. A session is started when a user arrives on the Website and navigates to a page which has the UTC on it, continuing until terminated due to (a) one (1) hour of inactivity, (b) the session reaching a threshold of 100 Page Views, (c) the user closing their browser window or clearing their cookies, or (d) the user navigating to a page with does not have the UTC on it and, afterwards, never navigating to any other page(s) which has/have the UTC on it.
“Report” means the analysis derived from Customer Data and made available through the Account. The charts, graphs, and statistics contained in a Report vary based on the type of account and plan.
“Servers” means the technological infrastructure controlled by Unlitics (or its subsidiaries) upon which the Processing Software operates and the Customer Data and URS are stored.
“Service” means the facilities to analyze or parse Customer Data, including Recorded Sessions, from a Website owned, controlled, or operated by Customer. “Software” means the UTC, URS, and Processing Software.
“Webmaster Plan” means a plan listed at https://unlitics.com, except for an Unlimited Plan. The current Webmaster Plan can handle 2 websites with unlimited data tracking sessions.
“Subscription” means the specific features, pricing, and attributes agreed upon by Customer and Unlitics for the provision of the Software or Service or set forth in a separate contract.
“Terms of Service” has the meaning set forth in the Section labeled “Term and Termination” of this Agreement.
“Trial Plan” refers to restricted Account which includes limited features/functionality, provided at no cost for a period of fourteen (14) days to collect Customer Data derived from a one-time sample of 1,000 sessions.
“Website” means a collection of one or more web pages that Customer owns, controls, or operates.
c. Nonwaiver. Any failure by a party to insist upon or enforce strict performance by the other party of any of the provisions of this Agreement, or to exercise any right or remedy under this Agreement, will not be construed as a waiver or relinquishment of any right to assert or rely upon any such provision, right, or remedy in that or any other instance.
d. Counterparts. This Agreement may be executed in any number of counterparts or addendums, and each such counterpart or addendum will be deemed to be an original instrument, but all such counterparts together will constitute one agreement. The parties acknowledge that executed copies of this Agreement sent by facsimile or other reliable form of electronic reproduction will be equivalent to original documents.
e. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning its subject matter, and supersedes all prior agreements and representations between the parties.
f. Modifications. Unlitics reserves the right to change or modify the Service or this Agreement at any time and with or without notice Customer is responsible for regularly reviewing and being aware of such changes.
g. Severability. If any provision of this Agreement is invalid or unenforceable under any statute or rule of law, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
h. Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section or in any way affect this Agreement.
i. Assignment. Customer may not assign or otherwise transfer any of its rights hereunder without prior written consent from a duly authorized representative of Unlitics; any such attempt is void. Except Customer may transfer this Agreement to an affiliated company or in the case of a merger or sale of all or substantially all of its assets or ownership.
j. Survival. Sections 5, 7, 10, 12-16 shall survive termination of Customer’s subscription.
k. Force Majeure. Unlitics shall be excused from performance hereunder to the extent that performance is prevented, delayed, or obstructed by causes beyond its reasonable control.
l. Independent Contractors. The relationship between Unlitics and Customer is not one of partnership, but independent contractors.