ENTERPRISE Service Customers: Please refer to your license agreement.
BASIC/INDIE/PREMIUM Service (deprecated) Customers: The following are the terms and conditions for use of the Kontagent Analytics service described herein (the “Service”) between Kontagent and you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”). Please read them carefully. If you are an Enterprise customer, please refer to your specific license agreement. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (“AGREEMENT”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
AGENT TO THE CUSTOMER. Upon signing up with Kontagent, Kontagent becomes an agent to the Customer. This means that Kontagent is acting on behalf of and at the Customer’s direction in storing Customer Data on behalf of the Customer.
FEES AND PAYMENTS. Kontagent may change its fees and payment policies for the Service from time to time including but not limited to the addition of costs for premium tools or other fees charged to Kontagent or its wholly-owned subsidiaries by 3rd party vendors for the inclusion of data in the Service reports. The changes to the fees or payment policies are effective upon Your acceptance of such changes which will be posted at www.kontagent.com (or such other URL Kontagent may provide from time to time). Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement for any reason and any collection expenses (including attorneys’ fees) incurred by Kontagent will be included in the amount owed.
INFORMATION RIGHTS AND COLLECTION. By agreeing to use the Service you understand that Kontagent will collect and share Customer Data in accordance with the Kontagent Data Policies. Upon termination of the Service, Kontagent will make said data available for download within 30 days of termination. However, Kontagent has the right to retain Anonymous Data derived from data including your Customer Data and this right shall survive your termination of this Agreement.
MARKETING. By agreeing to use the Service, you, on behalf of your organization, expressly authorize Kontagent, to produce, publish, and share a case study on Kontagent’s website about your organization’s use of Kontagent, and allow Kontagent to use your organization’s name and logo in self-promotional materials such as press releases, advertisements, brochures, etc., without compensation.
USE OF DATA PROVIDED TO YOU BY KONTAGENT. The Customer Data that Kontagent collects on your behalf including Monetization Data is your data, that may also include data that you have been licensed to collect and use by third parties, being governed by Data Use Terms between you and that third party. One such case is the collection and use of device-level data collected, derived, or obtained from or in connection with Facebook Mobile App Ads which is governed by Data Use Terms between you and Facebook. Aggregated data derived only from your Customer Data and provided by the Kontagent dashboard is also your data. Any Anonymous Data provided to you by Kontagent is the confidential proprietary information of Kontagent. By using the Services you agree that Kontagent will be irreparably harmed by the sharing or publication of Kontagent’s proprietary confidential information including Anonymous Data provided to you by Kontagent. Your obligations with respect to Kontagent’s confidential proprietary information shall survive the termination of this Agreement.
REGISTRATION. To register for the Service, you must complete the registration process at http://www.kontagent.com/dashboard/user_sign_up/ by providing Kontagent with current, complete and accurate information. You shall protect your passwords and take full responsibility for your accounts for the Service. You are solely responsible for any and all activities that occur under your account. You agree to notify Kontagent immediately upon learning of any unauthorized use of your account or any other breach of security.
INDEMNIFICATION. You agree to indemnify, hold harmless and defend Kontagent and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Kontagent or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Kontagent or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Kontagent’s actions on Your behalf as Your agent including the collection of data on Your behalf, (ii) Your breach of any term or condition of this Agreement, (iii) Your use of the Service, (iv) Your violations of applicable laws, rules or regulations in connection with the Service, or (v) Kontagent Features. In such a case, Kontagent will provide You with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Kontagent reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. Your indemnification of Kontagent shall survive the termination of this Agreement.
THIRD PARTIES. If you use the Service on behalf of any third party, you represent and warrant that you are authorized to act on behalf of, and bind to this Agreement, that third party. You shall ensure that each third party is bound by and abides by the terms of this Agreement. You agree to indemnify, hold harmless and defend Kontagent and its parents, subsidiaries, affiliates, officers and employees , at your expense, against any and all third-party claims, actions, proceedings, and suitsand all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Kontagent, arising out of or relating to (a) any representations and warranties made by you concerning any aspect of the Service; (b) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Service; (c) violations of your obligations of privacy to any third party; and (d) any claims with respect to acts or omissions of third parties in connection with the Service.
SERVICE LEVELS. Kontagent does not guarantee the Service will be operable at all times or during any down time (1) caused by outages to any public Internet backbones, networks or servers, (2) caused by any failures of Your equipment, systems or local access services, (3) for previously scheduled maintenance or (4) relating to events beyond Kontagent’s (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Kontagent (or its wholly owned subsidiaries) or Your servers are located or co-located. Complete accuracy in all aspects of Your Statistics at all times also is not guaranteed. It is your responsibility to ensure that your systems and applications are functioning correctly and sending accurate data, including Customer Data, to Kontagent servers.
MODIFICATIONS TO THE TERMS OF SERVICE. Kontagent reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.kontagent.com (or such other URL as Kontagent may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Kontagent, (ii) You accept updated terms online, or (iii) You continue to use the Service after Kontagent has posted updates to the Agreement or to any policy governing the Service.
WARRANTIES. By using the Services and in appointing Kontagent as your agent, You represent and warrant that the data provided by You to Kontagent is compliant with the provisions of the Facebook Terms of Service and that the data is collected from end-users that have agreed to the Facebook Terms of Service with proper consent. You further warrant that your collection and usage of data through Kontagent’s Services abide by relevant privacy laws, and any applicable third-party Data Use Terms, such as, but not limited to, Facebook’s Data Use Terms for Advanced Mobile App Measurement.
TERMINATION. Either party to the Agreement may terminate it at any time and for any reason.