LAST UPDATED: December 1ST, 2018

AntEater Analytics Terms of Service


The following terms and conditions govern all access to and use of the AntEater Analytics web application, the www.anteateranalytics.com website (“Website”) and service (together, the “AntEater Analytics Service”) including all content, services and products available at or through the AntEater Analytics Service.

The AntEater Analytics Service is owned and operated by AntEater Analytics, Inc. (“AntEater Analytics”, “we”, “our” or “us”). The AntEater Analytics Service is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website, including the AntEater Analytics Privacy Policy (collectively, the “Agreement”).

Please read the Agreement carefully before accessing or using the AntEater Analytics Service. Your accessing or using any part of the AntEater Analytics Service evidences your agreement to be bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access or use the AntEater Analytics Service.

1. AntEater Analytics Service

The AntEater Analytics application allows you to connect various data sources such as Google Analytics, Slack or other sources and to aggregate, analyze and visualize data from these data sources in Slack and the AntEaterAnalytics.com website.

AntEater Analytics may also, in the future, update current services and/or features or offer new services and/or features to the AntEater Analytics Service (including, the release of new tools and resources). Such updated or new features and/or services shall be subject to the terms and conditions of the Agreement.

Access to the AntEater Analytics Service is permitted on a temporary basis. We reserve the right to modify or discontinue offering or updating the AntEater Analytics Service at any time without notice.

After an initial free trial period, if any, your use of the AntEater Analytics Service and your access to the data and information stored in your AntEater Analytics Account requires a paid subscription. The subscription you selected will automatically begin and the credit card you provided will be charged for that subscription unless you cancel the AntEater Analytics Service before the expiration of a free trial period or the preceding subscription period, as the case may be. You can cancel your subscription at any time at Website’s Billing Page or by contacting customer success team using [email protected] email.

Until you cancel your subscription, your subscription will be renewed automatically and your credit card will be charged for each renewal at the end of each subscription period. Prices are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the site or the AntEater Analytics Service itself.

If you have any questions, comments or requests regarding your subscription, please email  [email protected]

2. Slack Service & Google G Suite Service

AntEater Analytics and Slack Technologies Inc, the provider of the Slack communication service, (“Slack”) are different entities. There is no relationship between AntEater Analytics and Slack, other than AntEater Analytics being a licensee and user of the Slack API for the purpose of providing the AntEater Analytics Service. Slack is not responsible for the AntEater Analytics Service and will not provide support for the AntEater Analytics Service.

These terms do not apply to your use of the Slack services. Such use is governed by the Slack Terms of Service available on the website www.slack.com.

AntEater Analytics and Alphabet Inc, the provider of the Google G Suite communication service, (“Google” or “G Suite”) are different entities. There is no relationship between AntEater Analytics and Google, other than AntEater Analytics being a licensee and user of the Google API for the purpose of providing the AntEater Analytics Service. Google is not responsible for the AntEater Analytics Service and will not provide support for the AntEater Analytics Service.

These terms do not apply to your use of the Google services. Such use is governed by the G Suite and Gmail Terms of Service available on the website www.google.com.

3. Use of AntEater Analytics Service and Creation of AntEater Analytics Account

In order to use the AntEater Analytics Service, you must be 18 years of age or older, or be 16 years of age or older and have your parent or guardian’s consent to the Agreement. You must also have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws.

You may create a AntEater Analytics Account in your personal capacity (in which case the terms “you” or “your” apply to yourself only) or on behalf of a company or other legal entity (your “Company”) which you have the authority to bind (in which case the terms “you” or “your” shall refer to such entity and all permitted Members and Administrative Users (as defined in the Slack Terms of Service).

By signing into your Google or Slack account on the Website, you grant us access to and permission to process Personal Information (as defined in the AntEater Analytics Privacy Policy http://bit.ly/anteater-privacy) and other information in your Google and Slack account. Our use, access and processing of your Personal information and other information is subject to our Privacy Policy http://bit.ly/anteater-privacy which is a material part of this Agreement.

You are responsible for maintaining the security of your Google and Slack Account (including your username and password), and you are fully responsible for all activities that occur under your Google and Slack Account and any other actions taken in connection with it, whether by yourself or other users. You must immediately notify AntEater Analytics of any unauthorized uses and users of your Google and Slack Account integrated with the helpdesk or any other breaches of security. AntEater Analytics will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

4. Intellectual Property

We are the owner or the licensee of all intellectual property rights in the AntEater Analytics Service and in the material published on it. Subject to the terms and conditions of this Agreement we grant you: a limited, non-exclusive, non-transferable, revocable license to make use of the AntEater Analytics Service (excluding the Website) solely for internal business purposes during the term of the free trial and thereafter for the term of any paid subscription to the AntEater Analytics Service; and a limited, non-exclusive, revocable license to make personal, non-commercial use of the Website and the material published on it. You are granted these licenses on the condition that you do not, and you do not allow others to: (i) make any use of the AntEater Analytics Service or the Website to decompile, disassemble, or otherwise reverse engineer the AntEater Analytics Service or any portion thereof; (ii) collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the AntEater Analytics Service; (iii) conduct benchmark or performance tests or disclose the results of any such tests; (iv) permit third parties to access or use the AntEater Analytics Service for any purpose; or (v) use the AntEater Analytics Service for any purpose other than your actual internal business needs and not for competitive or other prohibited purposes. Unauthorized use outside the terms and conditions of these licenses constitutes infringement of AntEater Analytics’s intellectual property rights. These licenses shall terminate when the Agreement terminates in accordance with Section 7 (Termination).

The Agreement does not transfer any of AntEater Analytics’s or any of AntEater Analytics’s licensors’ intellectual property to you. Title to such intellectual property will remain solely with AntEater Analytics or AntEater Analytics’s licensors (as applicable).

All AntEater Analytics trademarks, service marks, trade names, logos, domain names, and any other features of the AntEater Analytics brand are the sole property of AntEater Analytics. Your use of the AntEater Analytics Service grants you no right or license to reproduce or otherwise use any of AntEater Analytics’s trademarks, service marks, trade names, logos, domain names or any other features of the AntEater Analytics brand, whether for commercial or non-commercial use.

5. Third Party Sites

The AntEater Analytics Service may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

6. Changes

We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by posting an updated version of the Agreement on this page with an updated revision date and, where appropriate, by email. Your continued use of or access to the AntEater Analytics Service following the notification of any changes to the Agreement constitutes acceptance of those changes.

7. Termination

AntEater Analytics may terminate the Agreement and suspend your access to all or any part of the AntEater Analytics Service immediately by contacting you at your email address on record if:

you commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case; or we consider termination necessary to protect the integrity or security of the systems used by us at any time. If you wish to terminate the Agreement, you must cancel your AntEater Analytics Account.

On termination of the Agreement by any party and for any reason all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorized by the Agreement, including your use of the AntEater Analytics Service.

8. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ANTEATER ANALYTICS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. ANTEATER ANALYTICS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. ANTEATER ANALYTICS DOES NOT WARRANT THAT THE ANTEATER ANALYTICS SERVICE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, SECURE, ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU ARE USING THE ANTEATER ANALYTICS SERVICE AT YOUR OWN DISCRETION AND RISK.

We do not warrant, endorse, guarantee or assume responsibility for any Messages, or any other product or service advertised or offered by a third party on or through the AntEater Analytics Service.

The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.

9. Limitation of Liability

IN NO EVENT WILL ANTEATER ANALYTICS BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE AGREEMENT UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE CLAIM FOR:

(I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES;

(II) LOSS OF PROFIT, BUSINESS, REVENUE, ANTICIPATED SAVINGS, BUSINESS OPPORTUNITY;

(III) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR

(IV) THE COST OF INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR

(V) MORE THAN THE FEES PAID AND PAYABLE BY YOU TO ANTEATER ANALYTICS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION FIRST GIVING RISE TO THE LIABILITY.

AntEater Analytics shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. Representations and Warranties

You represent and warrant that your use of the AntEater Analytics Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:

·       you will comply with the Google & Slack Terms of Service at all times;

·       you will provide us with accurate information (where required);

·       you will not use the AntEater Analytics Service in the event of an emergency;

·       you will not use the AntEater Analytics Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the AntEater Analytics Service;

·       you will not infringe our intellectual property rights or those of any third party in relation to your use of the AntEater Analytics Service;

·       you will not do any of the following in relation to your use of the AntEater Analytics Service:

·       be obscene, offensive, hateful or inflammatory,

·       defame any person,

·       promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,

·       promote violence,

·       promote any illegal activity,

·       promote sexually explicit material,

·       disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,

·       harass, upset, embarrass, threaten, alarm or annoy any other person,

·       be likely to mislead or deceive any person,

·       impersonate any person, or misrepresent your identity or affiliation with any person,

·       contain any advertising or promote any services or web links to other sites,

·       upload any data that is considered to be in a special category of data under applicable data protection laws and regulations, including, without limitation, the General Data Protection Regulation; and

·       you will not use the AntEater Analytics Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

11. Indemnification

You agree to indemnify and hold harmless AntEater Analytics and its respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the AntEater Analytics Service, including but not limited to your violation of the Agreement.

12. Miscellaneous

The Agreement constitutes the entire agreement between AntEater Analytics and you concerning the provision of the AntEater Analytics Services.

The Agreement is between you and us and is not intended to grant rights, including the right to enforce any of its terms, to any other person. Any failure or delay by us to enforce the Agreement or any provision thereof shall not waive our right to do so.

We may transfer our rights and obligations under the Agreement to a third party, but this will not affect your rights or obligations under the Agreement.

Each of the terms and conditions of the Agreement operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect and will be construed as far as possible to give effect to the parties’ intentions as originally expressed in the Agreement.

 

Downgrade for Non-Payment

If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue. Notwithstanding the second paragraph of the “Providing the Services” section below, Customer acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to Customer Data.

Our Responsibilities

Providing the Services

Customer isn’t the only one with responsibilities; we have some, too. We will (a) make the Services available to Customer and its Authorized Users as described in the Contract; and (b) not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.

Protecting Customer Data

The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards at a level not materially less protective than as described in our Privacy Policy page. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control. We are not responsible for what Customer’s Authorized Users or Non-Slack Products do with Customer Data. That is Customer’s responsibility.

Ownership and Proprietary Rights

What’s Yours is Yours…

As between us on the one hand, and Customer and any Authorized Users on the other, Customer will own all Customer Data. Subject to the terms and conditions of the Contract, Customer (for itself and all of its Authorized Users) grants us a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data, and any Products created by or for Customer, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law ; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Authorized Users as may be necessary to grant this license.

And What’s Ours is Ours

We own and will continue to own our Services, including all related intellectual property rights. We may make software components available, via other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Authorized Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.

 

13. Contact

If you have any questions, comments or requests regarding the Agreement, please contact [email protected]. If you have any questions, comments or requests regarding our data retention and protection policies, please contact [email protected]