Terms of Service

Last updated: Sep 6, 2016

These (“Terms”, “Terms of Service”) shall apply to your use of the StatX mobile applications, the StatX Android APK, the StatX Software as Service, connectors from within StatX to third party cloud applications, the StatX API, any add-ins to Microsoft Excel/Google Sheets etc, connectors to StatX provided via third party services (together, the “Service”), provided and/or operated by StatX Inc. (“us”, “we”, or “our”). If you pay for the use of the Service for other users (“Your Users”), then you agree that you are binding all such users to these Terms and that you have the authority to do so. “you” and “your” in these Terms includes you individually and Your Users if any.

Intellectual Property

The Service, its original content (excluding content provided by users and content and intellectual property of third parties), visual design, user interface, features and functionality, the StatX web site, documentation, any Derivative Works and materials (the “StatX IP”) are and will remain the exclusive property of StatX and its licensors. By using our Service, with or without payment, you are being granted a limited time, personal non-exclusive, non-transferable, non-resellable, revocable, limited license to use the StatX IP. You may not use the Service on behalf of other users.

StatX owns and retains all rights, title, and interest in and to the StatX IP. The StatX IP is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of StatX. You agree not to and not to allow any third party to, modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or data model of the StatX IP. You may not resell, distribute, transfer possession of, or otherwise make available the StatX IP to any entity.

Your Data

Our Service allows you to provide us your phone number, email address, name, data and updates including numbers, text, attachments, photos, location etc. (“Your Data”). You may also provide us temporary secure credentials (using OAuth or other means) to third-party systems (“In-app Connections”), these credentials and any data we access from In-app Connections and store within StatX servers is included in Your Data. We will not sell or make available Your Data to any third party. We will take commercially reasonable care to protect the privacy and security of Your Data. StatX disclaims any rights to Your Data, except as provided herein.

You give us the worldwide, unlimited, non-exclusive, revocable, right to display and use Your Data in connection with providing our Service and display Your Data to the users that you have specified should have access to Your Data (“Allowed Users”). Allowed Users may, under your control, also provide updates to Your Data, and you explicitly allow us to send these updates to Your Data from Allowed Users to In-app Connections using your credentials. We may access Your Data in StatX systems for the purposes of measuring for license compliance, billing, customer support, system troubleshooting, performance, backup/recovery.

By making Your Data available on or through the Service, You represent and warrant that: (i) Your Data is yours (you own it) and/or you have the right to use it, the right to share it with Allowed Users and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of Your Data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

In addition, other Content found on or through this Service may be the data of other users, the property of StatX or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content outside the Service, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from the respective owner of the Content.

You give us the right, without any compensation, to use without limitation, any feedback, comments, suggestions in our Service or future offerings.

Privacy Policy

The StatX Privacy Policy covers our use of your personal information provided in connection with the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

Our service relies on you having physical secure possession of your mobile phone and its content access controlled by fingerprint security, lock screens and other similar functionality on your phone. You are responsible for maintaining the confidentiality of your account, including but not limited to the restriction of access to your mobile phone. Access to our service from connectors or APIs also relies on you securely storing authorization credentials from these access points. You agree to accept responsibility for any and all activities or actions that occur under your account and/or authentication credentials. You must notify us immediately upon becoming aware of any loss of possession of your phone, breach of access control to your phone, breach of security of authorization credentials of connectors and APIs or any unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send. In addition the Service may send you SMS messages for verification codes and send SMS messages on your behalf to users you invite to the Service.

Subscriptions

Depending on your Subscription Tier described in the Pricing for the Service, your usage of the Service may be free or may require payment. If your usage of the Service requires payment, you agree to pay a Subscription Fee in advance either monthly or annually (“Billing Cycle”). Your Subscription will automatically renew at the end of each Billing Cycle with the same Subscription Fee. A cancellation, downgrade in Subscription Tier or decrease of the count of Your Users) will be effective at the end of the current Billing Cycle after the date of cancellation. An upgrade in Subscription Tier or increase in the count of Your Users will be effective immediately on the date of the change.

A valid payment method, such as credit card, is required to process the payment for your Subscription. You shall provide StatX with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize StatX to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, StatX may provide a courtesy notice. You must provide an updated method of payment and StatX will charge for any unpaid Billing Cycles immediately. If such payment method is not provided within 30 days of the last unpaid Billing Cycle, StatX may terminate your service per the Termination terms herein.

Fee Changes

StatX, in its sole discretion and at any time, may modify the features and capabilities of the Subscription Tiers and associated Subscription Fees. Such changes will be communicated to you with reasonable notice. Your prior Subscription Fee will be unmodified until the end of your current Billing Cycle. A Subscription Fee change, if any, will become effective for your next Billing Cycle. You may request a 1 month extension of your prior Subscription Fee if you have not received adequate advance notice of the modification.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Termination

If you wish to terminate your account, you must cease using the service and any data you need must be transferred by you before termination. No refund will be available for amounts paid through the end of the current Billing Cycle.

We may terminate or suspend your account and bar access to the Service for a breach of Terms by you. In addition, we may terminate our Service to you, for any reason, in which case, we will provide a reasonable notice of termination, and offer a pro-rata refund of the Subscription Fee from the date of termination to the end of the current Billing Cycle.

You may transfer any of Your Data from the service at any time through the mobile app or via an API interface. StatX can make no guarantees about availability of your data after termination of your account.

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.

Indemnification

You agree to defend, indemnify and hold harmless StatX and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and mobile phone; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall StatX, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct or indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

StatX its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, or function without defects, or be secure, or be available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

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 had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide you reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at feedback@statx.io

Third-party Software Licenses

Details on third-party software libraries used by StatX are available here

 

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