Terms and Conditions

1. Your relationship with MetricsViews Pvt. Ltd.

1.1. Your use of MetricsViews Pvt. Ltd. (herein after called as MetricsViews) products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by MetricsViews under a separate written agreement) is subject to the terms of a legal agreement between you and MetricsViews, whose principal place of business is at 44-A/21 Vrindavan Society, Thane (West), Maharashtra, Pin Code 400 601. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2. Unless otherwise agreed in writing with MetricsViews, your agreement with MetricsViews will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the “Universal Terms”.

1.3. The Universal Terms form a legally binding agreement between you and MetricsViews in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

2. Accepting the Terms

2.1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2. You can accept the Terms by:

a)clicking to accept or agree to the Terms, where this option is made available to you by MetricsViews in the user interface for any Service; or

b)by actually using the Services. In this case, you understand and agree that MetricsViews will treat your use of the Services as acceptance of the Terms from that point onwards.

3. Provision of the Services by MetricsViews

3.1. MetricsViews has subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of MetricsViews itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

3.2. MetricsViews is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which MetricsViews provides may change from time to time without prior notice to you.

3.3. As part of this continuing innovation, you acknowledge and agree that MetricsViews may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at MetricsViews sole discretion, without prior notice to you.

4. Use of the Services by you

4.1. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

4.2. Unless you have been specifically permitted to do so in a separate agreement with MetricsViews, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5. Proprietary rights

5.1. You acknowledge and agree that MetricsViews (or MetricsViews licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

5.2. Unless you have agreed otherwise in writing with MetricsViews, nothing in the Terms gives you a right to use any of MetricsViews trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

5.3. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

5.4. Unless you have been expressly authorized to do so in writing by MetricsViews, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

6. License from MetricsViews

6.1 Subject to section 1.2, you may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof.

6.2 Subject to section 1.2, unless MetricsViews has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

7. Software updates

7.1. MetricsViews will provide updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MetricsViews to deliver these to you) as part of your use of the Services.

8. Ending your relationship with MetricsViews

8.1. The Terms will continue to apply until terminated by either you or MetricsViews as set out below.

8.2. MetricsViews may at any time, terminate its legal agreement with you if:

a)you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

b)MetricsViews is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

c)the partner with whom MetricsViews offered the Services to you has terminated its relationship with MetricsViews or ceased to offer the Services to you; or

d)MetricsViews is transitioning to no longer providing the Services to users or

e)the provision of the Services to you by MetricsViews is, in MetricsViews opinion, no longer commercially viable.

8.3. Nothing in this Section shall affect MetricsViews rights regarding provision of Services under Section 4 of the Terms.\

9. Exclusion of Warranties

9.1.You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.”

9.2. In particular, MetricsViews, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

(a) your use of the services will meet your requirements,

(b) your use of the services will be uninterrupted, timely, secure or free from error,

(c) any information obtained by you as a result of your use of the services will be accurate or reliable, and

(d) that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

9.3. No advice or information, whether oral or written, obtained by you from MetricsViews or through or from the subsidiaries/affiliates services shall create any warranty not expressly stated in the terms.

9.4. MetricsViews further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of Liability

10.1. Subject to overall provision mentioned above, you expressly understand and agree that MetricsViews, its subsidiaries and affiliates, and its licensors shall not be liable to you for:

(a) any direct, indirect, incidental, special consequential or exemplary damages, which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss;

(b) any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:

(i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services;

(ii)any changes which MetricsViews may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services);

(iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;

(iv) your failure to provide MetricsViews with accurate account information;

(v) your failure to keep your password or account details secure and confidential;

10.2.The limitations on MetricsViews liability to you as mentioned above shall apply whether or not MetricsViews has been advised of or should have been aware of the possibility of any such losses arising.

11. Copyright and Trade Mark Policies It is MetricsViews policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property laws and to terminating the accounts of repeat infringers.

12. Changes to the Terms 12.1. MetricsViews may make changes to the Universal Terms from time to time. When these changes are made, MetricsViews will make a new copy of the Universal Terms available and will be made available to you from within, or through, the affected Services.

12.2. You understand and agree that if you use the Services after the date on which the Universal have changed, MetricsViews will treat your use as acceptance of the updated Universal Terms.