Last updated: Nov 25th , 2018
Effective Date: Dec 5th, 2018
1.1. Soomla Inc., a Delaware corporation, (“us“, “we” or “Soomla“) has developed a proprietary online platform which includes SDK modules (the “Platform” and “Modules“, respectively) in order to allow you to analyze and optimize mobile applications (the “Application”), as set forth in Section 2 below.
The use of our Platform, Modules and/or any other service accessible via traceback.soom.la are subject to payment ("Paid Services"). Sections 3, 4, 10.2-10.3, 10.5 and 13 apply specifically to such Paid Services. If you are a general user of our websites or blogs, such sections do not apply to you.
Terms that are specified in the Generic Quote Form apply to your use of the Paid Services, and supersede any conflicting terms herein.
1.4. The Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction (“Legal Capacity“). Accordingly, if you are not of Legal Capacity, you are not allowed to use the Platform and/or other Services.
1.6. We reserve our right to refuse provision of any of the Services, to anyone, for any reason or for no reason.
1.8. All communications between you and us shall be by electronic means. You hereby agree to receive communications from us in an electronic form.
3.1 The Platform is a cloud hosted software application that collects data from the Application as well as third party services used or integrated by the Application, to allow you to view and analyze this data in aggregated and as well as user-identified manners.
3.2 The Modules are software components that are integrated by you in your Application and enable the collection of user interaction data for analysis by the Platform. The Modules will be considered as an integral part of the Platform herein.
4.2 Soomla processes End User information only in accordance with your instructions and does not have any direct interaction with the End Users. It is your responsibility, and not Soomla's, to ensure that your End Users are aware of and accept Soomla's use of their information. As between Soomla and You, you are responsible for the lawfulness of the processing of your End Users' information.
4.3 As a condition to our provision of the Services to you, you undertake (i) to provide notice and obtain all consents and rights necessary under applicable data protection laws for Soomla Soomla to process Application Data for us to provide the Services and (ii) to comply with obligations you may have as a data controller under applicable data protection laws (including the EU General Data Protection Regulation (GDPR)) in respect of the processing of your Application Data and any processing instructions you provide Soomla.
4.5 To the extent EU data protection law applies to our processing of your Application Data, this processing will be governed by our data processing agreement and you instruct us to disclose personal data as necessary to:
- comply with laws applicable to us, including US Federal or state law
- in response to lawful requests by public authorities; or
- if we are involved in a merger, acquisition, or sale of all or a portion of our assets or in a bankruptcy or liquidation proceeding
4.6 Notwithstanding the foregoing, we may use (i) anonymized and aggregated statistical data derived from the Applications Data to provide the Services or to improve our Platform; and (ii) contact details and payment information for entering into and maintaining the business relationship between you and us.
5.1. You are required to create an account in order to use the Services (the “Account”). You agree that all information provided by you is accurate, full, complete and up-to-date at all times. Any registration is solely for you and you may only use one single Account. You may not use the Account of any other entity, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account.
5.2. We strongly recommend having a complex password to access your Account, which should be kept secured at all times. You are also encouraged to change your password regularly. Do not share your passwords with others.
When using the Services, you are required to follow the following rules and guidelines:
6.1. You may not use the forums or any other Services to harass or intimidate any other users of the Services.
6.2. You agree to be held solely responsible and solely liable for anything that occurs in your Account and any activity in your Account, including without limitation, for any content being uploaded in your Account, if applicable.
6.3. You may not use the Services to submit any unsolicited e-mail or comments.
6.4. You may not transmit via the Services any virus, worm, Trojan horse or any other potentially malicious code.
6.5. You may not crawl, scrape, or otherwise cache any content from the Services, without our prior written consent. You may not reverse engineer or decompile any software that is included in the Services or attempt to discover its underlying source code.
6.6. In using the Services you agree not to violate any applicable laws in your jurisdiction (including but not limited to any intellectual property laws).
6.7. To facilitate our compliance with any record keeping obligations we may have in connection with your information, where requested and as applicable to you, you agree to provide such information to us via the user interface of the Services or via such other means as we may provide, and will use such user interface or other means to ensure that all information provided is kept accurate and up-to-date.
7.1 You acknowledge and agree that Soomla retains sole, full and exclusive ownership of all intellectual property rights of any kind related to the Platform, Modules and other Services, including copyrights, trademarks and other proprietary rights (“Intellectual Property Rights”). No license is granted hereunder to any Intellectual Property Rights. “Soomla” and “Soom.la” and other of our trademarks may not be used for any purpose without our prior written approval.
7.3 When you publish content or information on the forum, it means that you are allowing everyone, including people who are not registered users of the Services, to access and use that information, and to associate it with you (i.e., your name and the avatar you chose when you registered to use the forum). We always appreciate your feedback or other suggestions about our Services, but you understand that you have no obligation to offer them and that we may use your feedback or suggestions without any obligation to compensate you for them.
7.4 COPYRIGHT POLICY
We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your proprietary Content has been copied on the Services in a way that constitutes copyright infringement, please provide us in writing with the following information:
We reserve the right to remove IP Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services may be contacted as set forth below:
Designated Agent for Notification of Claimed Copyright Infringement
Attn: Copyright Agent
260 MADISON AVE, SUITE 204
NEW YORK, NY 10016 United States
8.1. You hereby represent and warrant that:
8.1.2. All information in your Soomla Account is accurate and correct;
8.1.4. Your mobile service or Application does not:
18.104.22.168. Contain any defamatory, libelous, obscene, hateful or otherwise offensive or illegal content;
22.214.171.124. Contain or transmit and virus, worm or other malicious software or code;
126.96.36.199. Infringe any third party intellectual property or moral rights; or
188.8.131.52. Violate any law, rule or regulation.
8.1.5. Your mobile service or Application is stable and secure, and complies with all third party services terms and conditions.
8.1.6 Any information that Soomla processes on your behalf shall not contain information that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning an individual's sex life or sexual orientation and other sensitive categories of information.
8.2. You are solely and exclusively responsible for all your communications and interactions with us or with any person or entity with whom you may communicate, interact or engage as a result of your use of the Services. You agree and confirm that we do not, and do not intend to, make any inquiries of any person or entity or verify the information any person or entity submits or provides while using the Services. You agree to take precautions in all communications and interactions with any person or entity whether made either through the Services or through other means.
9.1. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE ACCURACY OF THE INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF THE SERVICES INCLUDING WITHOUT LIMITATION TO THE SERVICES BEING FREE FROM DEFECT OR ANY VIRUS, WORM, TROJAN HORSE OR ANY OTHER POTENTIALLY MALICIOUS CODE. THE ENTIRE RISK ARISING OUT OF THE USE (OTHER THAN NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS) OR PERFORMANCE OF THE SERVICES, TO THE EXTENT PROVIDED, REMAINS WITH YOU. YOUR SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM. SOOMLA DOES NOT WARRANT THAT THE SERVICES WILL BE DELIVERED OR PERFORMED ERROR-FREE OR WITHOUT INTERRUPTION. FOR THE AVOIDANCE OF DOUBT, IT IS MADE EXPLICITLY CLEAR THAT SOOMLA HAS NO RESPONSIBILITY FOR AND SHALL BEAR NO LIABILITY REGARDING TO THE SERVICES AND THEIR USE.
9.2. Without derogating from the above, you hereby acknowledge and agree that in provision of the Services, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers, etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER.
9.4 YOU HEREBY EXPRESSLY AGREE THAT WE SHALL HAVE THE RIGHT, AT ANY TIME AND AT OUR SOLE DISCRETION, TO TAKE ANY ACTION TO MONITOR ANY INTERACTION OR ENGAGEMENT RESULTING FROM THE USE THE SERVICES BY YOU AND ANY THIRD PARTY. TO THE FULL EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY CLAIMS OR LIABILITY RELATING IN ANY WAY THERETO.
9.5 THE PROVISIONS OF THIS SECTION 9 SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3 Unless otherwise expressly provided in the Generic Quote Form:
10.3.1 the initial term of your subscription to the Paid Services will be one (1) year commencing on the Effective Date. Thereafter, the subscription will be automatically renewed for subsequent annual periods. No later than thirty (30) days prior to the expiration of the initial term or of any renewal, you may elect not to renew the subscription by providing us with a written notice; and
10.3.2 all fees that are attributable to the Paid Services are to be paid in advance for each subscription period and are non-refundable.
10.5 In the event (a) we have provided you with another quote, or (b) a commercial agreement is executed between us (each shall be referred to herein as a "Separate Commercial Agreement"), the Paid Services will continue during the term specified in such Separate Commercial Agreement. In the event that the Separate Commercial Agreement expires or terminates, and you wish to re-subscribe to our Paid Services, the terms of our Generic Quote Form will apply.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback“). You may submit Feedback by e-mail to Contact@soomla.com. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
In consideration for the use of our Paid Services, you shall make payment to Soomla pursuant to the pricing terms set forth in the Generic Quote Form. You must add applicable VAT to such amounts as required by law. All amounts payable hereunder are exclusive of all applicable taxes and government charges, and you shall make payment to Soomla without deduction for and free and clear of any such amounts. Within ten (10) days of your commencement of use of the Paid Services you shall pay a service fee, in advance, for the next 12 months of Service, except to the extent expressly agreed otherwise in writing in the Generic Quote Form. Additional payments of fees for 12 months in advance should be paid for any subsequent period of Services. Linear overage fee shall be charged for any use of the Services exceeding the applicable maximal monthly active users (MAU) as defined in the pricing terms. Late payments shall bear interest at the rate of 18% per annum. These payment terms shall continue to apply so long you use the paid Services, during your applicable subscription periods.
260 MADISON AVE, SUITE 204
NEW YORK, NY 10016 United States
Last updated: Nov 25th , 2018
Effective Date: Dec 5th, 2018
All rights reserved, Soomla, Inc.