Terms of Service

Wordalytics is an online service from Wordalytics Ltd. (hereinafter "Wordalytics", "we" or "us"). These Terms of Service govern your use of the Wordalytics software and any additional services offered by or available from Wordalytics (the "Services"). Please read these Terms of Service carefully.

YOUR ACCESSING THIS WEB SITE AND USE OF THE SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF SERVICE AND YOU CONSENT TO THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF SERVICE") DISCLOSED HEREIN. YOU AND WORDALYTICS INTEND THAT THIS IS A BINDING LEGAL AGREEMENT. IF YOU DO NOT AGREE WITH ANY OR ALL OF THESE TERMS, DO NOT USE THE SERVICES. VIOLATION OF THESE TERMS OF SERVICE WILL RESULT IN THE TERMINATION OF YOUR ACCESS TO THE SERVICES.

 

1. CHANGES TO THE TERMS OF SERVICE

We may change these Terms of Service at any time. You can review the most current version of these terms by clicking on the "Terms of Service" hypertext link located at the bottom of our web pages. You are responsible for checking these terms periodically for changes. If you continue to use the Services after we post changes to these Terms of Service, you are signifying your acceptance of the new terms. When such a change is made, we will update the "Last Updated" date at the end of this document.

2. ELECTRONIC DELIVERY POLICY AND YOUR CONSENT

You agree that we may provide to you required notices, agreements and other information concerning the Wordalytics Services electronically. We will post the notices on the home page of Wordalytics or on the relevant web page of the applicable service.

3. PRIVACY POLICY

At Wordalytics, we are keenly aware of the trust you place in us and our responsibility to protect your privacy. As part of this responsibility, we are sharing with you what information we collect when you use our website analysis tool, why we collect it and how we use it to improve your experience. By using the Wordalytics web tool, you consent to the data practices described in this statement.

Information Collection

All data collected by the Wordalytics tool can be manually accessed by several other means publicly available online (Whois Lookup, Google Cached Pages, etc.). That is why every single report generated on www.Wordalytics.com is considered 'public' and is thus stored in our database. Furthermore, it can be indexed by search engines.
Wordalytics collects and uses website information to operate its website analysis tool and deliver the services you have requested. This information can include but is not limited to: IP address, domain names, in-site and off-site SEO analysis, and usability. This information is used by Wordalytics for the operation of its service and to provide general statistics regarding use of the Wordalytics web content analysis tool.

Use of Personal Information

If you subscribe to our emails or newsletter Wordalytics may use your personally identifiable email address to inform you of other products or services available from Wordalytics. Wordalytics may also contact you via surveys to conduct research about your opinion of current services or of potential new services. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through the Wordalytics blog, this information may be collected and used by others.

Wordalytics does not sell, rent or lease its customer lists to third parties. Wordalytics may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Wordalytics may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. Such third parties are prohibited from using your personal information except to provide these services to Wordalytics, and they are required to maintain the confidentiality of your information.

Wordalytics will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Wordalytics or the site; (b) protect and defend the rights or property of Wordalytics (including enforcing this agreement); and, (c) act under exigent circumstances to protect the personal safety of users of Wordalytics, or the public.

Security of your Personal Information

No method of safeguarding information is 100% secure. Wordalytics uses a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. Wordalytics secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. We do not store your Credit Card information.

4. CHANGES TO WORDALYTICS

We may discontinue or change any service or feature provided at http://app.Wordalytics.com at any time.

5. SERVICE TERMS

You may use the Wordalytics Services for lawful, authorized purposes and only in accordance with these Terms of Service.

You must be 18 years or older in order to use the Services. Accounts registered by "bots" or other automated methods are not permitted.

You must provide your full legal name, a valid email address and other information we request in order to complete the signup process.

Your login may only be used by you. You may not share your login with anyone else outside of your company.

You are responsible for maintaining the security of your account and password. Wordalytics accepts no responsibility or liability for any loss or damage arising from your failure to comply with this security obligation.

You are responsible for all of the content posted and activity that occurs under your account.

One person or legal entity may maintain more than one paid account.

You may not submit any material, or otherwise engage in any conduct that:

• Impersonates any person, business or entity, including Wordalytics and its employees and agents;
• Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;

You may not use the Wordalytics Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Wordalytics services.

You may not attempt to gain unauthorized access to any of the Wordalytics Services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

User Responsibility

Wordalytics serves as an analysis engine of web content . User-generated content does not represent the advice, views, opinions or beliefs of Wordalytics.

Wordalytics is not responsible for the content of user-generated information including comments, images, videos, links to third-party websites, business practices and privacy policies. The inclusion of user-generated content on the Site or Services does not imply any endorsement by or any affiliation with Wordalytics.

In accessing the Site and Services, you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.

Additional Terms

By accessing Wordalytics, you are granting permission to us and others to aggregate searches for statistical purposes and use it in connection with the Services, the Site and otherwise in connection with our business.

Wordalytics does not provide legal services, and therefore, providing you with the ability to attach a license agreement to your compilation of links does not create an attorney-client relationship. The license agreement and all related information are provided on an "as is" basis.

Wordalytics makes no warranties whatsoever regarding the license agreement and the information provided and disclaims all liability for damages, including without limitation, any general, special, incidental or consequential damages, resulting from their use.

Wordalytics is explicitly not responsible for the manner or circumstances by which third parties access or use public content and is under no obligation to disable or otherwise restrict this access.

Wordalytics does not provides you with the ability to remove your personal information from the Site and the Services. However, on request we will remove all personal and account generated data. This does not extend to copies that others may have made or to copies that we may have made for backup purposes.

Commercial Usage License / API Terms

Wordalytics provides access to portions of its Site and Services via Online Services or API (Application Programming Interface). For the purposes of these Terms, such access constitutes use of the Site and Services.

A commercial license is characterized as access to an Online Services Application agreement.

This commercial license is not for information resale OR presenting OR representing Wordalytics OR a Wordalytics Service OR information feed as belonging to OR an offering of a commercial enterprise.

Wordalytics asks that you use these features respectfully, as outlined in the documentation.

You may not use these or any other features of the Site itself to allow the display of a substantial portion of the Wordalytics database or reproduce, duplicate or copy the Wordalytics Site.

Wordalytics agrees to hold in strictest confidence any information related to either party's business as confidential and proprietary information.

The Wordalytics Services provides search data aggregated from website properties. It is for the express use of the Company Requesting Commercial Access as well as their subsidiaries and affiliates as well as visitors to their web site. The service is NOT intended for repackaging and / or resale - doing so will lead to the immediate cancellation of the Service, except that Company Requesting Commercial Access shall be specifically allowed to collect, save, aggregate and report on stored search data using the Wordalytics API.

6. LICENSE TO USE WORDALYTICS

The following terms and conditions govern your use of the Wordalytics Services. This is a license agreement ("Agreement") between you and Wordalytics Ltd. ("Wordalytics"). By accessing the Wordalytics Services, you acknowledge that you have read, understand and accept the following terms and conditions. In the event you do not agree and do not want to be bound by these terms and conditions, destroy your passcode and cease all further use of the Wordalytics Services.

License Grant

Wordalytics grants to you (either to you individually or the company for whom you work) a non-exclusive license to access one copy of the Wordalytics Services solely for your own personal or business purposes on a computer during the period of time or session where you interact with the Wordalytics Services (whether by means of a laptop computer, standard computer or a workstation attached to a multi-user network (a "Computer"). We consider the Wordalytics Services in use on the Computer you are then currently using when the Wordalytics Services are loaded into that Computer's temporary memory or "RAM" and when you interact with, upload, revise or input information onto Wordalytics's servers by means of the Wordalytics Services. Wordalytics reserves all rights not expressly granted herein.

Ownership

Wordalytics or its licensors are the owners of all right, title, and interest, including copyright, in and to the Wordalytics Services. Copyright to the individual programs available through www.Wordalytics.com (the "Software"), which in turn are used to deliver the Wordalytics Services to you, are either owned by Wordalytics or its licensors. Ownership of the Software and all proprietary rights relating thereto remain with Wordalytics and its licensors.

Restrictions on Use and Transfer

You may use only that copy of the Wordalytics Services associated with your name and email address.

You may not:

• rent or lease the Wordalytics Services;
• transfer Wordalytics Services;
• copy or reproduce the Wordalytics Services through a LAN or other network systems or through any computer subscriber system or computer network bulletin-board system;
• modify, adapt, or create derivative works based on the Wordalytics Services; or
• reverse engineer, decompile or disassemble the Wordalytics Services.

Disclaimer of Warranties

We provide Wordalytics "as is" and "as available." We make no express warranties or guarantees about Wordalytics. We make no claims of time-to-load, service up-time or quality.

TO THE EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM IMPLIED WARRANTIES THAT WORDALYTICS AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH WORDALYTICS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT WORDALYTICS WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WORDALYTICS, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE WORDALYTICS (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A WORDALYTICS REPRESENTATIVE SHALL CREATE A WARRANTY.

You may have additional consumer rights under your local laws that this contract cannot change depending upon the jurisdiction in which the Software is utilized.

Remedies

YOUR EXCLUSIVE REMEDY REGARDING ANY SOFTWARE PROVIDED BY US SHALL BE THE REPLACEMENT OF ANY SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF WORDALYTICS. IN NO EVENT SHALL OUR LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF WORDALYTICS EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON WORDALYTICS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH PROVINCES, STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

7. INDEMNIFICATION

Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of Wordalytics. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

8. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the Republic of Ireland govern this contract and any claim or dispute that you may have against us, without regard to Ireland’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the City of Dublin, Ireland and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, COURTS IN IRELAND OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE CITY OF IRELAND FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

US Government Restricted Rights

Restricted Rights. The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by or on behalf of any department, unit or agency of the United States government is subject to restrictions set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Licensed Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Licensed Software – Restricted Rights at 48 FAR 52.227-19, and in similar clauses in NASA FAR supplement, as applicable.

General

This Agreement, together with the other Terms of Service, constitute the entire understanding between you and Wordalytics and supersedes all prior agreements, whether oral or written, between us and may not be modified or amended except in a written document signed by both parties and which specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by a court or tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, each and every other provision shall continue to apply and remain in full force and effect.

9. COPYRIGHT AND CONTENT OWNERSHIP

We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials you upload are yours. We retain the right, but not the obligation, in our sole discretion, to refuse or remove any content that violates this Terms of Service Agreement or violates the ability of the Service to serve its consumers.

All trademarks not owned by Wordalytics that appear on this Site are the property of their respective site owners, who may or may not be affiliated with, connected to, or sponsored by Wordalytics.
Wordalytics originated content included on the Site, such as text, graphics, logos, data compilations, statistics and the compilation of all content on the Site, is the property of Wordalytics and its licensors and protected by Irish and International copyright laws.

Except as set out in these Terms, no reproduction of any Wordalytics-originated content is permitted without written permission from Wordalytics.

User-generated content is the property of the source sites listed. Such content is copyrighted, and any use or reproduction must comply with the terms of the respective license(s) and must include a label indicating such license.

10. SEVERABILITY AND INTEGRATION

This Terms of Service contract and any supplemental terms, policies or rules on the Wordalytics website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

11. PAYMENTS etc.

A valid credit card is required creating accounts. We use STRIPE as well as TAXAMO to process payments

Fees, rate limits and effective dates for these Services are negotiated separately from the Terms of Service.

An upgrade from any plan to any more expensive paying plan is possible after cancelling a current plan. Monthly credits can not be carried over into the following subscription period.

The services are billed in advance on a monthly basis for monthly plans, six monthly basis for a six monthly plan and a yearly basis for yearly plans.

There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

Any questions regarding your plan can be directed via email request in English to billing@wordalytics.com.

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, excluding only VAT when a valid number is provided.

For any upgrade or downgrade in plan level, your credit card account that you provided will automatically be charged the new rate on your next billing cycle. However, when necessary.

Downgrading your Service may cause the loss of content, features, or capacity of your account. Wordalytics does not accept any liability for such loss. Prices of any Service may change, however, old plans will be grandfathered in unless otherwise stated. Notice of pricing changes may be provided by contacting you using the contact information you have provided to us. Wordalytics will not be liable to you or to any third party for any modifications, price changes, or suspension or discontinuation of the Site or Services.

12. TERMINATION

Your right to use Wordalytics automatically terminates at the end of the term of our agreement and earlier if you violate these Terms of Service in connection with your use of Wordalytics. We reserve the right, in our sole discretion, to terminate your access to all or part of Wordalytics, in the event that you breach these Terms of Service, with or without notice.

You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by using the cancellation link in the "My Account" screen from within the Wordalytics application.

After cancellation of the service you may have up to 30 days access to your reports. This information can not be recovered once your account is cancelled. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Wordalytics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Wordalytics service, for any reason at any time. Such termination of the Services 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. Wordalytics reserves the right to refuse service or the Services to anyone for any reason at any time.

If you are a subscriber to one or more Services that are terminated, limited, or restricted, such termination of the Services will result in the deactivation or deletion of your account or your access.
Any notices must be sent to Wordalytics in English at support@wordalytics.com.

13. FAIR USE POLICY

At Wordalytics we want to avoid imposing limits on the number of Reviews on enterprise packages one can make in an account. Other packages are limited by the number of pages an account holder can analyse and the number of submissions an account holder can make per calendar month.

Wordalytics retains the right to limit or halt service to any user imposing excessive load on the Wordalytics system in a way that will compromise the system performance for the majority. Wordalytics is designed with single user login in mind, excessive (beyond the norm of justified high usage) reporting may be met with a wait time message.

Such users who exhibit behaviours beyond the norm of justified high usage might be contacted by our sales team with a tailored enterprise proposal.

Last Updated: December 20, 2016