IF YOU REGISTER FOR A FREE TRIAL FOR OUR SERVICES, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL. IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AND MAY NOT USE THE SERVICES.
You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, You may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
1. DEFINITIONS
“Purchased Services” means Services that You or Your Affiliate purchased, as distinguished from those provided pursuant to a free trial.
“Services” means the products and services that are provided to You under a free trial, and made available online by us.
“User” means an individual who is authorized by You to use a Service
“Your Data” means electronic data and information submitted by or for Customer to the Services
2. FREE TRIAL
If You register for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD.
3. Provision of Purchased Services
We will (a) make the Application available to You pursuant to this terms and the applicable plans, (b) provide applicable standard support for the Services to You at no additional charge, (c) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, except for: (i) planned downtime (of which We shall give advance electronic notice as provided in the Documentation), and (ii) any unavailability caused by circumstances beyond Our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Our employees), Internet service provider failure or delay, or denial of service attack.
4. Protection of Your Data
We will maintain administrative and technical safeguards for protection of the security, confidentiality and integrity of Your Data.
5. Our Personnel
We will be responsible for the performance of Our personnel (including Our employees and contractors), except as otherwise specified herein.
6. Beta Services
From time to time, We may make Beta Services available to You at no charge. You may choose to try such Beta Services or not in Your sole discretion. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.
7. Usage Limits
Services and Application are subject to usage limits, including, for example, the quantities specified in selected plans. Your plan is priced at $700 per month and will include unlimited reporting(Reports, Scheduled reports and dashboards) for the unlimited number of Accounts. This pricing will remain the same for as long as you use ReportGarden and will only change in case you wish to add any new integrations/ features in future or SEO keywords to your plan. The plan does not include usage of SEO keyword tracking and reporting.
8. Your Responsibilities
You will be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, use commercially reasonable efforts to prevent unauthorized access to or use of Application, and notify Us promptly of any such unauthorized access or use. You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Purchased Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
9. Fees
You will pay all fees specified according to selected plan(s).
10. Invoicing and Payment
You will provide Us with valid and updated credit card information. If You provide credit card information to Us, You authorize Us to charge such credit card for all Purchased Services listed in the Order Form for the initial subscription term and any renewal subscription term(s). Such charges shall be made in advance, either monthly, quarterly, half yearly and annually or in accordance with any different billing frequency stated in the applicable Order Form.
11. Suspension of Service and Acceleration
If any amount owing by You under this or any other agreement for Our services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Us to charge to Your credit card), We may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Our services to You until such amounts are paid in full.
12. Payment Disputes
We will not exercise Our rights of suspension of Service and Acceleration if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
13. Taxes
Our 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”). You are responsible for paying all Taxes associated with Your purchases hereunder.
14. Future Functionality
You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Us regarding future functionality or features.
15. License to Use Feedback
You grant to Us and Our Affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into Our and/or Our Affiliates’ services any suggestion, enhancement request, recommendation, correction or other feedback provided by You or Users relating to the operation of Our or Our Affiliates’ services.
16. Term of Purchased Subscriptions
The term of each subscription shall be as specified in the applicable plan. Except as otherwise specified in any plan, subscriptions will automatically renew for additional periods equal to the expiring subscription term, unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term.
17. Termination
A party may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
18. Refund or Payment upon Termination
If this Agreement is terminated by either party with prior 30 days notice, We will refund You any prepaid fees covering the remainder of the plan after the effective date of termination. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.
19. Data Portability and Deletion
Upon request by You made within 30 days after the effective date of termination or expiration of this Agreement, We will make Your Data available to You for export or download as provided in the Documentation. After such 30-day period, We will have no obligation to maintain or provide any Your Data, and as provided in the Documentation will thereafter delete or destroy all copies of Your Data in Our systems or otherwise in Our possession or control, unless legally prohibited.
ReportGarden Inc
355 Bryant Street, Suite 403
San Francisco, CA 94107
ReportGarden Inc,
1013 Centre Road, Suite 403-B, Wilmington, Delaware, 19805, United States
