Ostorlab, Inc.

 

Welcome to Ostorlab.co, the website, mobile and online service of Ostorlab, Inc. ("Ostorlab," "we," or "us"). These terms govern the use of our services, websites, and software provided on or in connection with the service (collectively the "Service"). By accessing or using the Service, including by embedding our code on your site, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement ("Agreement"), and to the collection and use of your information as set forth in the Ostorlab Privacy Policy , whether or not you are a registered user of our Service.

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").

 

1. Use of Our Service

Ostorlab provides services for analytics and testing (including, but not limited, to A/B and multivariate testing).

 

A. Member Accounts

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.

 

B. Service Rules

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.

 

C. Restrictions

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.

 

2. License Grant

 

A. License to You

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).

 

B. Licenses to Ostorlab
  • Customer Data. You expressly grant, and you represent and warrant that you have all rights necessary to grant, to Ostorlab, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, develop, transmit, distribute, modify, reproduce, publically display, and create derivative works of any Customer Data (as defined below) for the purposes of (a) providing the Services, or (b) developing, maintaining, supporting, or improving the Services.
  • Name and Logo. You expressly grant, and represent and warrant that you have all rights necessary to grant, to Ostorlab, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, and distribute your name, logo, or any other identifying words or marks used by and/or associated with you to identify you (“Your Marks”), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service, to identify you as a customer of Ostorlab or for marketing and publicity purposes.
  • Ostorlab aggregates Customer Data with other data so that results are non-personally identifiable with respect to you or your Visitors and also collects anonymous technical logs and data regarding use of the Ostorlab Product (“Aggregate/Anonymous Data”). Notwithstanding anything to the contrary herein, such Aggregate/Anonymous Data will be deemed Ostorlab Content (as defined below), which Ostorlab may use for any business purpose during or after the term of this Agreement, including without limitation to develop and improve Ostorlab’s products and services and to create and distribute reports and other materials. For clarity, this does not give Ostorlab the right to identify you as the source of any Aggregate/Anonymous Data without your prior written permission.
  • Feedback and Improvements. You may choose to or we may invite you to submit comments, suggestions, feedback, or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Ostorlab under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Ostorlab does not waive any rights to use similar or related ideas previously known to Ostorlab, or developed by its employees, or obtained from sources other than you.

 

3. Ownership Rights

 

A. Ostorlab's Proprietary Rights

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.

 

B. Your Proprietary Rights
  • Customer Properties. As between you and Ostorlab and subject to Section 2(B), you own all right, title and interest in and to the Customer Properties and Customer Data (as defined below) and all data and content embedded thereon or contained therein (excluding the Service), and any Intellectual Property Rights for any of the foregoing embodied therein. “Customer Data” means any Visitor Data (as defined above), profile information, data, and other content or information provided by you to Ostorlab. 
  • Visitor Data and Reports.. When you use the Services, Ostorlab collects certain technical information about visitors to Customer Properties (each, a “Visitor”) including, but not limited to: unique identifiers, device and operating system information, date and time of visit, and test and conversion information (“Visitor Data”). For clarity, the Service does not collect information Visitors may enter into online forms on Customer Properties (e.g. usernames, passwords, etc.).

 

4. Paid Services

 

A. Subscription Terms

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.

 

B. Payment Information; Taxes

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.