User Agreement & Terms of Service

This User Agreement and Terms of Service govern your use of observads, and unless other terms and conditions expressly govern, any other electronic services from Condicon, B.V. that may be made available from time to time (each, a "Service"). observads is a service of Condicon B.V.

You agree to be bound by the terms of this Agreement by subscribing to any portion of and by creating an account on observads. If you do not agree to be bound by the terms of this Agreement, you should not create an account on observads.com. You are hereby notified that your continued use of any observads Service is subject to many of the terms and conditions of this Agreement.

1. Updates on User Agreement

Condicon B.V. has full rights to change the terms of this Agreement at any time by notifying you of the change electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated"). The changes also will appear in this document, located in the following URL: https://observads.com/tos

2. Privacy and Security

observads privacy and security policies may be viewed online. Condicon B.V. can modify its privacy and security policies at any time. Observads will communicate you on Service updates and will not sell your user data in any condition or allow any other 3rd party service to use your information as Marketing purposes.

2.1. Third Party Access

If your access to a Service is provided through 3rd party service (as of June 2017, you can use observads only with your Google account), Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name).

2.2. Notification

You agree to notify us as soon as possible if you change your information connected to observads, we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

3. Your Responsibilities

You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You also agree that you shall:

Notify observads immediately of any unauthorized use of account or any other known or suspected breach of security.

Report to observads immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users.

4. Fees and Payments

Observads allow you to make recurring payments monthly. You agree to pay the subscription fees and any other charges incurred in connection with your account. Observads service structure is based on actual money. With a payment, you will get the exact amount of balance which will be used during your service usage. In case of any service outage, your subscription will continue until the downtime reaches the threshold level mentioned in the SLA. If your account requires any additional services like raw data access, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. payment source that you have provided. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. Stripe provides the payment services to you on behalf of observads. You are also responsible of Stripe’s privacy policies. For more information about Stripe's privacy practices, you should review https://stripe.com/us/privacy . You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service. observads, in its sole judgment, may elect to refund partial or complete fees and payments for a subscriber. Partial or complete refunds do not void any terms of this agreement.

5. Renewal

Your subscription will renew automatically, unless you cancel it through the plans page of your dashboard; or we terminate it; or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

6. Limitations on Use

Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.

The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone with the following exceptions:

observads generates a custom report as a service and updates the report regularly. The custom report is based on Google Data Studio. You do not need to have a Google account to view the report but we advise you not to directly share the link of report. You may occasionally send the parts or whole of the report to the people you want unless we detect an abuse as wholesale to monetize the data.

While you may download, store and create an archive of information from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. In addition, you may not use such an archive to develop or operate an automated reporting system or for data or text mining unless you have purchased the raw data.

Raw data purchase is another feature of observads allows you to get access on raw data that our report is based on. By this data, you can create custom reports and share directly without our permission. or generate a service with our permission.

You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service for monetization purposes. You can share the Content by giving link to observads.com.

You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.

7. No Warranties

The service and all the documentation are provided on an “As Is” and “As Available” basis, without any warranties, either express, implied or statutory, including without limitation any implied warranties of title, for a particular purpose and non-infringement. Use of the service is at your own risk.

No advice or information, whether oral or written, obtained by you from or through the service or from observads, Shopify, the processors, suppliers or licensors of observads, any of the respective affiliates, agents, directors and employees of any of the entities listed in or observads and their respective employees (“Disclaiming Entities”) and agents will create any warranty.

Without limiting the foregoing, the disclaiming entities do not warrant that the information they provide or provide through the service is accurate, reliable or correct; that the service will meet your expectations; that the service will be available at any particular time or location; that the service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any subject matter downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be responsible for any damage to your property or loss of data that results from such download. The disclaiming entities make no representations or warranties about how long will be needed to complete the production of service.

Observads does not warrant, endorse, guarantee for any product or service advertised or offered by a 3rd Party through the service or any linked website.

8. Limitation of Liability and Damages

In no event shall a disclaiming entity (defined in Section 7) be liable for any lost profits, loss of data, or any indirect, punitive, incidental, special, consequential or exemplary damages arising out of, in connection with or relating to this agreement or the services. Under no circumstances, disclaiming entities will be responsible for any damage including hacking, unauthorized access or service account or information contained inside. Disclaiming entities are not also responsible of (A) any personal injury or property damage, of any nature resulting your loss of access to the service. Any interruption, any oftware bugs, harmful codes that may be transmitted or any errors in content or information is not a liability of observads.

This limitation of liability section applies regardless of the legal theory on which the claim is based, including without limitation contract, tory (including negligence), strict liability, or any other basis. The limitations apply even if observads has been advised of the possibility of such damage.

THE PROVISIONS OF THIS SECTION 8 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and operated from its facilities in the Netherlands. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Netherlands, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the Netherlands, or are a foreign person or entity blocked or denied by the Netherlands government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the Netherlands.

9. Disputes; Choice of Law; Jurisdiction and Venue

This agreement is governed by Dutch law.

If any part of this Agreement is void, or declarable as such, for any reason, including due to rules of compulsory law, the remaining paragraphs of this agreement will remain in effect between AppSignal and you.

Unless rules of compulsory law state otherwise, the court of North Brabant has exclusive jurisdiction in any disputes between Parties arising from this Agreement.

10. Internet Delays

obserbads services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. observads is not responsible for any delays, delivery failures, or other damage resulting from such problems.

11. General

This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.

12. Additional Terms and Notices

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observads is service marks of Condicon, B.V. Copyright © 2017 Condicon B.V. All rights reserved.