Ostorlab may, in its sole discretion, modify or update this Agreement from time to time,and so you should review this page periodically. When we change this Agreement, we will update the ‘last revised’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Ostorlab provides services for analytics and testing (including, but not limited, to A/B and multivariate testing).
You need to register with Ostorlab and create an account. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You must notify Ostorlab immediately of any breach of security or unauthorized use of your account. Ostorlab will not be liable for any losses caused by any unauthorized use of your account. By providing Ostorlab your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to Ostorlab than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) submitting to the Service or to Ostorlab any personally identifiable information, except as necessary for the establishment of your account; (xiii) submitting to the Service or to Ostorlab any information that may be protected under HIPPA (“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented); or (xiv) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. We may, without prior notice, change the Service, stop providing the Service or features of the Service, or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability if in our sole determination you violate any provision of this Agreement.
Except as expressly permitted under Section 2(A), you agree not to use, copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the software underlying the Service or any part thereof, unless this is expressly permitted or required by law, or unless authorized by Ostorlab in writing.
Subject to the terms and conditions of this Agreement (including any restrictions on any applicable authorization or order form), you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the Service solely for your internal business purposes on your (1) web domains or websites, (2) mobile applications and/or (3) other types of platforms or properties as we may support (“Customer Properties”). Ostorlab reserves all rights not expressly granted herein in the Service and the Ostorlab Content (as defined in Section 3).
As between you and Ostorlab, Ostorlab and its licensors exclusively own all right, title and interest in and to the Service, including without limitation any improvements thereto, updates, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights (the "Ostorlab Content"), and all Intellectual Property Rights (as defined below) related thereto and derivative works of the foregoing. Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights (as defined below), and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Ostorlab Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction.
You acknowledge and agree that you shall be responsible for paying all fees due for the full term of your subscription, whether or not you cancel such subscription prior to the end of such term. You further acknowledge and agree that the term of your subscription shall automatically renew for additional successive terms equal to the period of your initial term, unless you provide Ostorlab with written notice at least thirty (30) days prior to the end of the then-current subscription term. If you cancel or suspend your subscription before the end of the then current term, (1) all fees become immediately due and payable, (2) we reserve the right to immediately suspend access to your account, and (3) you will not receive any refunds. Ostorlab also reserves the right to immediately suspend your subscription if you exceed your monthly usage allocations.
All information that you provide in connection with any purchase of the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You shall pay all applicable subscription fees, including any sales, excise, service, use or other taxes now or hereafter imposed upon or required to be collected by Ostorlab by any authority in connection with or arising from the Service and/or this Agreement, excluding taxes based upon Ostorlab’s net income. You shall pay each invoice issued by Ostorlab by the applicable due date and in the currency specified by Ostorlab. Any amounts not paid when due shall bear interest at the rate of one and one-half percent (1.5%) per month or the maximum rate allowed by law, whichever is less. Ostorlab reserves the right to suspend your account for late or non-payment.
This Agreement was last revised on April 13, 2015.