These general Terms of Service (the "Terms") are entered into by OneyTech Inc address 169 11th street San Francisco, CA, 94103 ("We", or "visitors.guru", or "OneyTech inc") and the entity executing the Agreement ("You", or "Customer"). These Terms form part of Your Agreement with visitors.guru, governing Your use of visitors.guru Services, unless otherwise explicitly agreed in writing.
For the purpose of the Agreement, the following definitions apply: "Agreement", means the agreement on supply of digital advertising services including these Terms, by and between visitors.guru and the Customer. "visitors.guru", is a service in which we identify company-related Visitors to the Customers Property. You will be provided with Reports via e-mail and via an online interface in Your user account.
3. THE SERVICE
4. FEES AND PAYMENT TERMS
The Customer shall pay for the Service according to the payment terms below, unless otherwise agreed in Your Agreement. Visitors.guru uses the 3rd party payment platform, Stripe. If you purchase a Subscription, you will also need to provide your billing name and address and payment information. The Customer agrees on a fixed Cost per month, exclusive of VAT. Other price models can be used if stated in Your Agreement. The fees for the Services shall be invoiced in advance. You will be charged each month (or anualy if you choose it). Payment shall be due 15 days from the date of the invoice.
5. LINK TO OTHER WEVB SITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by OneyTech inc.. OneyTech inc has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OneyTech inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
6. USER ACCOUNT, PASSWORD AND SECURITY
To access and use visitors.guru Leads, You will ensure that any employees must complete the registration process by providing visitors.guru with current, complete and accurate information as prompted by the registration form, including Your employees e-mail address (username) and password. You will ensure youre your employees protect their passwords and take full responsibility for Your employees, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify visitors.guru immediately upon learning of any unauthorized use of Your Account or any other breach of security. visitors.guru (or its wholly-owned subsidiaries) support staff may, from time to time, log in to the Service under Your Customer profile in order to maintain or improve service, including to provide You assistance with technical or billing issues.
7. DISCLAIMER OF WARRANTIES
You understand and agree that the Service is provided "as is" and "as available", without express or implied warranty or condition of any kind. visitors.guru makes no representations and disclaims any and all warranties including, but not limited to, satisfactory quality, fitness for a particular purpose, merchantability, service levels, up-time, results from use of the Service or non-infringement. In particular, visitors.guru does not warrant the performance of the Customers use of the Service. The Customer warrants that their use of digital targeting technology on the Customers Property, such as Cookies, complies with applicable laws and regulations, including fulfilment of the obligation of providing visitors to the Customers website with adequate information and required possibilities for opt-out/opt-in.
8. INTELLECTUAL PROPERTY RIGHTS
The Service is protected by intellectual property rights, except as expressly specified in the Agreement, nothing in the Agreement shall be deemed to assign any rights or grant any license to intellectual property rights of either party, such as (but not limited to) copyrights, patents, trademarks, trade secrets and know-how.
10. LIMITATION OF LIABILITY
visitors.guru is not liable for any direct nor indirect loss suffered by the Customer, unless visitors.guru has been found guilty of gross negligence. This limitation of liability includes, but is not limited to, loss of production or sales, loss of profit and cost of capital.
visitors.guru will not be able to influence the Customers use of the Service or information otherwise derived from, or created by, the Service. The Customer has complete and exclusive responsibility for all its use and activities concerning, or including, the Service and undertakes to, to the maximum extent of applicable law, indemnify and hold harmless visitors.guru of any damage or loss, directly or indirectly, resulting from the Customers use of the Service, including but not limited to, claims from third parties or governmental authorities.
12. TERM AND TERMINATION
You may cancel your registration at any time on the Site. Upon your cancellation we will not provide you any refunds; however you can use the Service until the end of your billing period or the end of your free trial period. We reserve the right to suspend your access to the Service and/or terminate this Agreement at any time without cause or notice.
13. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of California. If you use the Service in the United States, these Terms and Conditions shall be governed and construed in accordance with the laws of California regarding the interpretation of the Terms and Conditions and the claims arisen from the breach of it, without giving effect to any principles of conflicts of law and the laws of the state where you live shall govern all other claims, including claims under state consumer protection laws, unfair competition laws, and tort; outside the United States these Terms and Conditions shall be governed and construed in accordance with the laws of your country of residence.
Credit check. visitors.guru may perform a credit check of the Customer based on each new or amended agreement. visitors.guru may at its discretion require a deposit of an amount equal to the amount specified in the Customer order or decline the Customer order. Entire Agreement. This Agreement with any appendices constitute the entire agreement between the Parties and shall supersede all prior written or oral agreements between the Parties regarding the subject matter of this Agreement. Severability. If any provision of this Agreement is held to be unenforceable, such provision will be modified to the extent necessary to make it enforceable so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. Ownership. If the ownership of visitors.guru business changes, visitors.guru may transfer this Agreement and any Customer Data related hereto to the new owners so they can continue to provide the Service. The new owner will still have to honour the commitments visitors.guru have made in this Agreement. Amendments. Any amendment or modification to this Agreement or any of the appendices must in order to be binding for the Parties be in writing and signed by both Parties. Notices. Any notice given under this Agreement shall be made in writing and sent to the address set forth under the name of each Party on the first page of this agreement.
The collection of data includes:
Type of web browser
Previous page visits
Time spent on our website
visitors.guru also looks at cookies from third parts. These are mainly used for the following purposes:
To analyse behaviour for the sake of development and improvement of web design and content
To track visitor behaviour on different versions of the website
To test website content and structure for the sake of improving user experience
See links to guides for standard browsers:
Internet Explorer: http://windows.microsoft.com/en-us/internet-explorer/delete-managecookies#ie=ie-11