Terms

Last updated May 14, 2016

Read this terms of use agreement before accessing website.

This Terms of Use Agreement sets forth the standards of use of the Ganitix.com online Service. By signing up and using Ganitix website you (the Member) agree to these terms and conditions. Any new features or tools that are offered as part of Ganitix service are subject to these Terms and Conditions.

Ganitix reserves the right to modify, alter, or update the terms and conditions of this agreement at any time. You are advised to review the Terms and Conditions from time to time to be aware of any changes that apply to you. Modifications shall become effective immediately upon being posted on Ganitix.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

You must be at least 20 and able to form legally binding contracts under the applicable law in the jurisdiction of residence to use this Services.

Ganitix is an online analytics platform that helps you analyze your mobile/web application by tracking visitors. Ganitix is not meant for use as online storage space for archiving your data. Violation of this term is strictly prohibited and will result in termination of Services without prior notice.

Ganitix may back up data on its servers from time to time, but is under no obligation or duty to you, the Customer, to do so. It is solely your responsibility to separately back up your data and files that are stored on Ganitix servers. Under no circumstances will Ganitix be liable to anyone for damages of any kind under legal theory and/or for loss of customer data on any Ganitix server.

If there is any breach or violation of the Terms and Conditions set out by Ganitix, Ganitix, at the sole discretion of Ganitix, may immediately terminate your account at Ganitix.com

2. Public Beta

Available on an AS IS basis for the purposes of public testing and feedback to our company. It is possible that the site may have errors and software bugs that may cause failures, corruption or loss of data, other inaccuracies, or other unforeseen issues. Your use of the site constitutes an acceptance of participating in this beta testing.

3. Member Accounts

To be able to use our site for your analytics needs, you need to create an account on Ganitix.com. You agree to provide correct, current information as prompted for our registration. Members are responsible for all activity that occurs within their account, including any aliases they may create.

Subscriptions are for member’s own account and are not for resale without prior approval from Ganitix.

Ganitix reserves the right to restrict, suspend or terminate access to the Application Services at any time, if in Ganitix’ sole determination the customer is using the service in a manner that violates applicable laws or the terms of this Agreement or fails to make payments.

It is expected that the member uses Ganitix Services appropriately and does not create an Excessive Burden on our systems. This means that the customer does not use our service to engage in denial of service attacks, spamming, or any illegal activity, or cause harm to other customers.

4. Fees


4.1 Subscription terms

Ganitix offers convenient and affordable subscription plans to its Services. Each plan mainly includes a certain amount of marks as a major criteria for pricing. A mark here means a user defined event or an event collected via APIs for tracking events either on the web or mobile apps. Mark count is considered as the sum of all the marks for various applications under a single account. Types of marks we receive are grouped under sensors/trackers for each application under an account. Also, the number of Sensors/Trackers and Applications are limited to each plan.

Upon registration you are subscribed to Basic Plan(Free Trial). You can switch to any of the plans at any time. Account will be reflected with the chosen plan immediately. Plans will automatically renew every month until you terminate or downgrade to another paid plan.

Your current plan is displayed in your profile page.

4.2 Billing terms:

The fees for your plan will be charged to your credit card on a monthly basis.

No refunds or credits will be offered for unused services for early termination.

If you upgrade your plan before your current month's plan is expired, you will be charged on a prorated basis. The new plan selected will continue to be used on an ongoing basis.

In case of exceeding the marks limit in a month, you will be billed at the end of the current month for the excess usage. Excess usage is charged at the rate specified in the pricing sheet.

All plan downgrades take effect from the next billing period.

4.3 Free trial

If you are registered under basic plan we allow you to mark up to 200% more of your allowed limit (in other words, 3 times your limit). If you exceed the limit, you are required to upgrade your account to a suitable plan for continued usage.

Ganitix reserves the right to modify, cancel and/or limit the Basic plan without notice at any time.

4.4 Invoice Generation

Payment for your plans is accepted by credit cards. Invoice is generated against the current credit card on file. As the plan is auto renewed every billing period, amount is deducted from the credit card which is previously used for billing purpose. Invoice is generated at the beginning of every billing period.

4.5 Changes In Service

We reserve the right to add or modify services to serve you better. Sometimes it is also possible for us to adjust our pricing and if this effects you, you will be informed by e-mail and in some case by the way of admin panel with a minimum of 1 month notice.

4.6 Account Cancellation

You can cancel your plan any time and it’s in effect immediately.

4.7 Account Termination

Your account will be terminated if you violate any of the terms mentioned here and your data is not accessible to you until and unless you agree with the terms and pay for the services we offer for a given plan.

5.Restrictions

The data we receive via marks is available for an year from the time of mark. Each mark has a size limit set to 5KB. Data can be extracted upon user's request within next 6 months. We disclose that the data we receive is solely recommended for analytical purpose and is not shared with anyone unless you request with authorization.

6. Disclaimer of Warranties

The site is provided by VenPlex, Inc. on an AS IS and on an AS AVAILABLE basis. To the fullest extent permitted by applicable law, VenPlex Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. VenPlex Inc. shall have no liability for any interruptions in the use of this Website. VenPlex Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

7. Limitation of Liability

VenPlex Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR VenPlex Inc. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF VenPlex Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

8. Indemnification

Member agrees to indemnify and hold VenPlex Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of Member use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member computer, of any intellectual property or any other right of any person or entity.

9. Modifications and Interruption to Service

VenPlex Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. VenPlex Inc. shall not be liable to Member or any third party should VenPlex Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that VenPlex Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

10. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties sites

11. Governing Jurisdiction of the Courts

VenPlex Inc. is subject to the laws of the State of California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

12. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

All content (excepting the user provided content) included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2015 VenPlex Inc., with all rights reserved, or is the property of VenPlex Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of VenPlex Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of VenPlex Inc. Ganitix and Ganitix.com are proprietary marks of VenPlex Inc.. VenPlex Inc.trademarks may not be used in connection with any product or service that is not provided by VenPlex Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ganitix or Ganitix.com and/or VenPlex Inc. All other trademarks displayed on Ganitix website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Ganitix/VenPlex Inc.

14. Notification of Claimed Copyright Infringement

Pursuant to Section /532(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Ganitix.com designates the following as its agent for receipt of notifications of claimed copyright infringement. By Mail VenPlex Inc., Po Box 672, Cupertino, CA 95015; By Email: [email protected]

15. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by VenPlex Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.