MachineFriendly Terms of Service
Welcome to MachineFriendly. These Terms of Service (the “Terms”) are a binding legal agreement between you and MachineFriendly Oy (”MachineFriendly” or “we,” “our” or “us” ), regarding your use of our websites (MachineFriendly.com), our software and services (the websites, software and services are collectively referred to as the “Service”). Please read these Terms carefully. The term “you” shall also include your employees or other authorised users to the extent applicable and permitted under your subscription of the Service. By creating an account with MachineFriendly, you agree to be bound by the Terms and Policies (as defined below) and become a party to this agreement. If you do not agree to the terms of this agreement, do not create your account and stop using the Service immediately. In addition, when using certain features of the Service you also may be subject to the guidelines, terms, and agreements applicable to such features (“Policies”). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control. We may periodically make changes to these Terms and Policies or introduce new provisions, terms or conditions governing the use of the Service. We will notify registered users of changes by posting updates to www.MachineFriendly.com and/or by email. By using the Service, you accept these Terms and Policies and any modifications that we may make to these Terms and Policies from time to time. It is your responsibility to review the most recent version of the Terms and Policies frequently and remain informed of any changes to it. If you continue to use the Service after we modify the Terms and Policies, you will be deemed to have consented to such modified terms for your use of the Service as of the date of the modification. If you do not agree to any provision of these Terms or Policies, you must not use the Service.
1. The Service
The Service is an analytics and reporting solution that helps marketers collect social media and online marketing data and create reports in Excel, Google Drive and online.
2. Eligibility
The Service is not intended for users that are consumers (being an individual acting primarily for purposes other than a trade, business or profession) and the applicability of consumer protection legislation is therefore excluded. You must be 18 years of age or older to enter into this agreement and use the Service. You represent and warrant that any information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms.
3. Account Registration
You must register to use certain features of the Services. When you register, you agree to (a) provide accurate, current and complete information about you as may be prompted by registration forms on the Service (“Registration Data”); (b) maintain the security of any logins, passwords, or other credentials that you select or that are provided to you for use on the Service; (c) maintain and promptly update the Registration Data, and any other information you provide to us, and to keep all such information accurate, current, and complete; and (d) notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at update@MachineFriendly.com.
4. Free Trial
We may at our sole discretion offer you free trials for selected features of the Service or a limited time trial period of the entire Service. Once your free trial period ends, your ability to access the Service will terminate. MachineFriendly reserves the right to determine if you are eligible for a free trial and to discontinue any free trial without notice at our sole discretion.
5. Fees; No Refunds
Access to selected features of the Service may be provided to you free of charge. We will charge fees for certain features, either on a one-time or a subscription basis (“Paid Services”). MachineFriendly reserves the right to implement fees or change the fees for certain services at any time by providing you notice on the Service or otherwise. When you purchase any Paid Services, you authorize MachineFriendly or its third party payment processors to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, including all applicable taxes, and you agree that our payment provider can store your credit card information. If MachineFriendly does not receive payment from your credit card provider, you agree to pay all amounts due upon demand and MachineFriendly may suspend your access to the Services until full payment is received. All sales are final and MachineFriendly will not issue refunds, including for prepaid monthly fees. If you choose an automatic recurring payment and later decide to end your subscription, cancelling the payment is your responsibility. MachineFriendly does not refund automatic payments not cancelled in time.
6. Use Restrictions
Your right to use the Service is personal, limited to your internal business purposes and the purpose set out in section 1 above, non-transferable, non-exclusive, revocable and subject to your compliance with the Terms and Policies at all times, including your timely payment of all applicable fees for Paid Services. Without limiting the generality of the foregoing, you will not: (a) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (b) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) deep-link to any portion of the Service for any purpose without our express written permission; (e) “frame”, “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (f) intentionally or unintentionally violate any applicable local, provincial national, or international law or regulation. We may at any time suspend or terminate your access to the Service if we have reason to believe that you are not complying with the Terms and Policies or you are otherwise abusing the Service.
7. Third-party services, data and content
The Service allows you to gather data from multiple third-party data sources and services, including various third-party websites. The third-party services from which the data can be gathered are selected by MachineFriendly at its sole discretion and MachineFriendly reserves the right to select, discontinue and change such available sources at any time. MachineFriendly assumes no liability whatsoever for the data or other content collected from third-party services. You are solely responsible for ascertaining that you have the right to use the Service for gathering and processing any such data by using the Service, and you must obtain any such consents and authorisations as may be needed from time to time in relation to such data or other content and their processing by using the Service. The Service may be used as an add-on to various third-party services and software. We do not assume any liability for such third-party services or software, and you are exclusively responsible for obtaining any necessary licences or consents needed for their use. You must familiarise yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such third-party services and you agree to comply with such third-party terms and conditions in addition to these Terms and the Policies. Furthermore, the Service may contain links to Web pages and content of third parties as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any third-party content. We undertake no responsibility to update or review any third-party content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party content or service provider to which you navigate from the Service. You access and use third-party content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
8. Modifications to the Service
MachineFriendly reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice at our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
9. Term and Termination
Your account and subscription of the Service remains in effect unless you cancel it or unless MachineFriendly terminates your account as provided by these Terms. Your account and subscription of the Service may, depending on your choice, be automatically renewable or valid for a fixed period. Unless your subscription is made for a fixed period, your subscription of the Service will remain in effect and will be renewed automatically at the end of each subscription period unless you cancel your subscription or we terminate it. If your subscription is made for a fixed period, your subscription will automatically terminate at the end of the agreed subscription period. Upon the termination or expiration of your subscription, you must immediately stop using the Service and must destroy any copies of the same in your possession. Notwithstanding any provision of these Terms, we reserve the right, at our sole discretion, to terminate your account and to block, restrict, and prevent your future access to, and use of, the Service subject to a reasonable notice.
10. Feedback
Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
11. Trademarks
MachineFriendly, the MachineFriendly logos, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of MachineFriendly and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
12. Ownership and intellectual property rights
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services, and any services available in connection with the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you. All copying, distribution or other use of the Service or any third party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders.
13. Privacy Policy and processing of data
We may collect registration and other information about you through the Service. Our collection and use of this information is described in the Privacy Policy available at MachineFriendly.com/privacy-policy. Our description of data file is available here. To the extent any of the data processed in connection with your use of the Service constitutes personal data under applicable legislation, you hereby authorise us to process such data (and any other data, regardless of whether they constitute personal data or not) on your behalf for the purposes of providing the Service in accordance with the Terms, Policies and applicable legislation. You agree that these Terms and Policies (including the Privacy Policy) constitute the instructions in accordance with which any such data is processed, and that we will not be able to adhere to any further instructions provided by you in relation to any personal or other data. We agree on our behalf that our personnel involved in providing the Service to you have committed to confidentiality obligations with regard to personal data (if any) processed in connection with the Service and that we have taken such security measures as we deem commensurate in relation to such personal data (if any). You agree that it is exclusively your responsibility to comply with any and all obligations of data controller set out in applicable legislation, and that the Service is provided “as is” and “as available” in accordance with these Terms and Policies. Taking into account the nature of the Service, you further agree that we cannot commit to assist you in providing any technical or organisational measures for the fulfilment of your obligations as data controller in relation to possible requests for exercising the data subjects’ rights laid down in the applicable legislation. You agree that we may engage third parties including other data processors in connection with the Service and that such third parties may be located, and your data may be processed, outside the European Economic Area (including e.g. in the United States) subject to applicable legislation. We may provide information regarding such third party data processors upon request, and always subject to our confidentiality obligations. If you do not approve our use of any third party processors, please stop using the Service immediately. We have no obligation to store and we will not store any of your data after the termination of your account and/or subscription of the Service unless otherwise agreed or required under applicable law. You may have the right, in accordance with applicable legislation only, to receive information necessary to demonstrate compliance with the obligations laid down in these Terms and Policies and applicable legislation and, where and to the extent mandated under applicable legislation to do so, we may allow for, and contribute to, audits, including inspections, conducted by you in relation to personal data in relation to our Service provided to you only. The timing and other practicalities related to any such audit or inspection are determined by us and any such information and assistance are provided at exclusively your cost and expense, and we reserve the right to charge you for any additional work or other costs incurred by us in connection with you using such rights.
14. Indemnification
You will defend, indemnify and hold harmless MachineFriendly, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms or any Policies, or your violation of any rights of a third party or applicable legislation.
15. Disclaimer of Warranties
Your use of the service, including, without limitation, your use of any content accessible through the service and your interactions and dealings with any service users, is at your sole risk. The service, and all content available on and through the service are provided on an “as is” and “as available” basis. MachineFriendly and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. MachineFriendly does not warrant uninterrupted use or operation of the service or your access to any content. No advice or information, whether oral or written, obtained by you from the service will create any warranty regarding MachineFriendly that is not expressly stated in these terms.
16. Limitation of Liability
Neither MachineFriendly nor its suppliers or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if MachineFriendly or any supplier or licensor has been advised of the possibility of these damages), arising out of or relating to your access to or use of, or your inability to access or use, the Service or any content. The maximum total liability of MachineFriendly and its suppliers and licensors to you for all claims under these Terms or otherwise in relation to the Service, whether in contract, tort, or otherwise, is EUR 100. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
17. Consent to Electronic Communications
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
18. Governing law and dispute resolution
These Terms shall be governed and construed in accordance with the laws of Finland, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland. The number of arbitrators shall be one. The language of the arbitration shall be Finnish.
19 .Other terms
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms, including all Policies, constitute the entire agreement between you and MachineFriendly concerning the Service. These Terms supersede all prior agreements or communications between you and MachineFriendly regarding the subject matter of these Terms.