By using the DeskMetrics Analytics website ("Service"), a service of DeskMetrics, Ltd ("DeskMetrics"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
You are responsible for maintaining the security of your account and password. DeskMetrics cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You must not use the Service for any illegal or unauthorized purpose.
You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A valid credit card is required for subscriptions to the Service. Contact us for other payment methods.
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, or refunds for months unused with an open account. No exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Downgrading your subscription plan may cause the loss of content, features, or capacity of your Account. DeskMetrics does not accept any liability for such loss.
All changes to your subscription plan are confirmed via email.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account tab in the settings panel.
All of your data will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
DeskMetrics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other DeskMetrics service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. DeskMetrics reserves the right to refuse service to anyone for any reason at any time.
DeskMetrics 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.
DeskMetrics shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
DeskMetrics would take the responsibility for safekeeping the data collected by the Service. You can access the data through our Service as long as a subscription plan is active and work them the way you see fit.
The look and feel of the Service is copyright © 2012 DeskMetrics, Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from DeskMetrics.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that DeskMetrics uses third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, DeskMetrics, or any other DeskMetrics service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DeskMetrics.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any DeskMetrics customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not transmit any worms or viruses or any code of a destructive nature.
DeskMetrics does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that DeskMetrics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DeskMetrics has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) termination of your account; or (vi) any other matter relating to the service.
The failure of DeskMetrics to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DeskMetrics and govern your use of the Service, superseding any prior agreements between you and DeskMetrics concerning the Service (including, but not limited to, any prior versions of the Terms of Service).
You and DeskMetrics shall be governed by the laws of the State of Minas Gerais (Brazil) without regard to its conflict of law provisions. You and DeskMetrics consent and submit to the exclusive jurisdiction of the federal or state courts located within the county of Belo Horizonte, Minas Gerais, and agree that any action at law or in equity arising out of or relating to the Site, Service or these Terms of Service shall be filed and resolved only in such courts.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
DeskMetrics reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at http://deskmetrics.com/terms-of-service/
This Terms of Service was last revised on December 20, 2012.