TERMS OF SERVICE
- Terms of Service
Terms of Service
(Last Modified: February 2015)
Welcome to BCube Analytics Inc.!
Thank you for choosing our products and services (“Services”) we value your business and hope that we will have a long and productive relationship. The Services to which you are subscribing are provided by BCube Analytics Inc. (“BCube”), headquartered at Suite 102-5B, 151 Martine Street, Fall River, MA-02723.
By using our Services, you are agreeing to the terms of this agreement provided below and our legal disclaimer herein incorporated by reference. Please take the time to read this agreement carefully as it provides important information regarding our services.
Be advised that additional terms or product requirements may apply to individual Services. Additional terms will be made available with the specific Service, and those additional terms will be incorporated by reference as part of your agreement with us when you use those Services.
THE USE OF OUR SERVICES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS.
You must follow any policy provided to you within the Services.
Use of our Services, for purposes other than developing an implementation of a regulatory project or related activity is prohibited. Knowingly or intentionally interfering with our Service or attempting to access them using a method other than the interface and instructions we provide is prohibited. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, we are investigating suspected misconduct or if your account is more than 90 days past due.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Content that you create, using our services is your sole property, and will be provided to you in a mutually acceptable form upon termination of your subscription. You may not use any third party content from our Services unless you obtain permission from “BCube” or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Removal, obscuring, or altering any legal notices displayed in or along with our Services is prohibited.
Our Services display content that is not the property of “BCube” but is in the public domain. This content is the sole responsibility of the entity that makes it available and that is published in the public domain such as the Federal Register, Code of Federal Regulations (CFR), or other web sites of the supervisory agencies that develop and enforce Federal regulations in the United States or other State and Local regulations. You agree to adhere to proper use of all applicable copy writes and logos and to comply with all applicable laws. We may review content to determine whether it violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or any law. This does not imply or warrant that we review content, and it is the user's sole responsibility to do so to ensure compliance with all applicable policies and laws.
In connection with your use of the Services, we may, from time to time, send you service announcements, administrative messages, and other information. You may opt out of some of those communications by notifying us at the address listed above of your option to opt out.
Some of our Services are available on mobile devices. It is your sole responsibility to not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws in whatever jurisdiction you use the services.
Your BCube Analytics Inc. Account
You will need a “BCube” Account in order to use our Services. Your “BCube” Customer Account, will be assigned to company's administrator by your “BCube” Analytics representative. Your system administrator may assign user accounts up to the maximum number of users allowed by the terms of your corporate subscription. If you are using a “BCube” Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account..
To protect your “BCube” Account, keep your password confidential. You are responsible for the activity that happens on or through your “BCube” Account. Try not to reuse your “BCube” Account password on third-party applications. If you learn of any unauthorized use of your password or “BCube” Account, contact your account administrator.
Privacy and Copyright Protection
“BCube” privacy policies explain how your personal data will be used and the steps to protect your privacy when you use our Services. By using our Services, you agree that “BCube” can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, contact your company administrator.
Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. Any information that you enter into the system in the use of our services remains your sole property and is strictly confidential. In short, you retain all ownership rights of any data you enter into the system and it is for your sole use only and will not be divulged to anyone other than an authorized person or persons you designate.
When you upload, submit, store, send or receive content to or through our Services, you give “BCube” (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish and distribute such content is for your use only. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Service. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
If you have a “BCube” Account, we may display your corporate name, Logo, and actions you take on “BCube” or on third-party applications connected to your “BCube” Account in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing your information in connection you're your “BCube” Account. For example, you can choose that your name and or corporate logo do not appear in an ad. In no circumstance will we share any of your proprietary data with anyone who is not an authorized by you. As part of this agreement you authorize representatives of “BCube” Analytics to view your data solely for the purpose or in connection with a request to develop requests to improve our service to you or to diagnose a problem either you report to us or we detect using our quality control review process. Under no circumstances will this information be share with any third party without the consent of your authorized representative.
About Software in our Services
When a Service requires or includes downloadable software, this software may upgrade automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic upgrade settings.
“BCube” gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by as “BCube” part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by “BCube” Analytics in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
About our Leased Servers and Hosting
Your BCube CDP account includes adequate storage and memory bandwidth, configured with production-ready software, daily backup of server with 7 days retention period and it will be on SSL. Your data, all installation and configuration of server and the certificate (including restoration in case of disaster) will be included within our service scope. The servers are all hosted within the United States and managed from a Type-IV data center.
Modifying and or Terminating our Services
We are constantly modifying and improving our Services. Solely at our option, we may add or remove functionalities or features or may suspend or stop a Service altogether. Continued access and the ability to download your information is contingent upon maintaining your “BCube” account subscription including payment of all past due amounts.
You can stop using our Services at any time, although the terms of your annual subscription remain in force until the termination date of your agreement with us. This includes payment of your monthly subscription fee if you elected to take advantage of our monthly installment option. “BCube” may stop providing Services to you, for nonpayment of your account, or may at any time add or create new limits to our Services in accordance with the terms of your subscription.
We are committed to the basic principal that you own your data and preserving your access to your data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and the opportunity to download your information from the Service. If you elect to download your data we will provide all reasonable assistance to facilitate the transfer of your content.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and our goal is to provide you with a properly functioning service for its intend use. However we do not warrant and or promise the accuracy of our Services and the content provided.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER “BCube” NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES OR WARRANTY ABOUT THE SERVICES. SPECIFICALLY, WE DON'T MAKE ANY COMMITMENTS OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES AS IS.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, “BCube”, AND “BCube”SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF OUR SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF “BCube”, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, “BCube” AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Use of our Services by a Business
In using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify “BCube” and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, to incorporate changes to the law or changes to our Services. You should refer to these terms on a regular basis. “BCube” will provide notice of modifications to these terms on this page. In addition we will post a notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for the purpose of the resolution of that conflict.
These terms control the relationship between “BCube” and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we do not pursue any action provided to us under this agreement, immediately, this does not constitute any wavier or in any manner giving up any rights that we may have (such as taking action in the future).
If a specific term of this agreement is determined to be non-enforceable, this will not affect or negate any other terms in the agreement.
The laws of the Commonwealth of Massachusetts, U.S.A., will apply to any disputes arising out of, or relating to these terms or the Services provided. All claims arising out of, or relating to these terms or the Services will be litigated exclusively in the federal or state courts of the Commonwealth of Massachusetts, USA, and you and “BCube” consent to personal jurisdiction in those courts of competent jurisdiction.
If you have any questions about this agreement or violation of any of its clauses, contact us at:
BCube Analytics Inc.
Suite 102-5B UMass Center for Innovation & Entrepreneurship
151 Maritine Street, Fall River Ma. 02723
Telephone: 1+(617) 792-3780
Fax: 1+(617) 399-6678