Last Modified: January 3, 2023
This page contains the terms and conditions of service (the “Terms”) governing your use of the Explore Analytics (“Explore Analytics”, “we” or “our”) software, websites and services (the “Explore Analytics Service”). Please carefully review these terms and conditions before using the Explore Analytics Service.
By using the Explore Analytics Service you agree to be bound by these Terms. If you are using the Explore Analytics Service on behalf of an organization, you agree to these Terms on behalf of that organization and promise that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization. It’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may revise these Terms from time to time and the most current version will be posted on our website. Therefore, please check the website regularly for updates of these Terms (www.exploreanalytics.com/terms.html). By continuing to use the Explore Analytics Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Explore Analytics Service.
You may use the Explore Analytics Service only in compliance with these Terms and only if you have the power to form a contract with Explore Analytics and are not barred under any applicable laws from doing so. The Explore Analytics Service may continue to change over time as we refine and add more features.
By using the Explore Analytics Service you provide us with information, access to your data, and files that you upload to Explore Analytics (together, “your data”). You retain full ownership to your data. You may export and download your data at any time. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Explore Analytics Service, as explained in this document.
We may need your permission to perform actions that you ask us to do with your data, for example, publishing your reports, or sharing data at your direction. This also includes actions that we make to administer our Explore Analytics Service and backup data to keep it safe. You give us permission to perform these actions solely to provide the Explore Analytics Service to you. This permission also extends to third parties that we work with to provide the Explore Analytics Service including Amazon AWS, which provides our server hosting and storage space.
You are solely responsible for your conduct, your data, and your communications with others while using the Explore Analytics Service. You acknowledge that Explore Analytics has no obligation to monitor any information on the Explore Analytics Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of your data, or any other information you may be able to access using the Explore Analytics Service.
Upon the termination of your subscription, you may request, within 30 days, a copy of all the data that you stored in Explore Analytics including data generated by Track Trend jobs you may have created. After such a 30-day period, we will have no obligation to keep any of your data, and will have the right to delete or destroy all copies of your data that are stored in Explore Analytics, unless prohibited by law.
The Explore Analytics Service provides features that allow you to share your data with others or to make it public. Please consider carefully what you choose to share or make public. Explore Analytics has no responsibility for the choices you make to share your data.
Data used with the Explore Analytics Service may be protected by intellectual property rights of others, or governed by laws such as privacy laws. Please do not copy, upload, download, or share data and reports unless you have the right to do so. You, not Explore Analytics, will be fully responsible and liable for data that you copy, share, upload, download or otherwise use while using the Explore Analytics Service. You must not upload any data and use it in any manner that is unlawful or violates the rights of others. You are responsible for compliance with any law or regulation concerning the data that you use with the Explore Analytics Service.
When using the service, you, and not Explore Analytics, are responsible for maintaining and protecting all of your data. Explore Analytics will not be liable for any loss or corruption of your data, or for any costs or expenses associated with recovering your data. You should not rely on the Explore Analytics Service to serve as a backup of your data. You understand that when you upload data to Explore Analytics, the data undergoes conversion that may result in loss of accuracy.
Explore Analytics is responsible for maintaining the confidentiality of your data and protecting your data from unauthorized disclosure.
You are responsible for safeguarding the passwords that you use to access the Explore Analytics Service and you agree not to disclose your password to any third party. You are responsible, and Explore Analytics shall not be held liable, for any activity using your account, whether or not you authorized that activity. You should immediately notify Explore Analytics if you become aware of any unauthorized use of your account.
Registration to Explore Analytics entitles you to a limited-time use of the Explore Analytics Service for the purpose of evaluation only. Any further use of the Explore Analytics Service requires that you purchase a subscription.
An active subscription to the Explore Analytics Service includes access for up to the specified number of users and for the specified time period defined by the subscription start and end dates. Your subscription is not automatically renewed and it is your responsibility to renew your subscription.
No Grace Period. Your subscription is terminated at the end of the subscription period. There is no grace period. Service under the subscription is terminated on the subscription end date.
Uploading and storing data on the Explore Analytics server is subject to storage limits as described in the section "Storage Limits" below.
Your subscription includes the use of the Agent Software as described in the section "Agent Software" below.
The next section explains what we mean by a "user".
Your subscription specifies a number of named users, which for licensing purposes are either creator users or limited users (defined in sections "A 'Creator User'" and "A 'Limited User'", below).
Using the Explore Analytics user interface, you can add users up to the specified number of users. Every person that is authorized to log into Explore Analytics requires a subscription, even if they do so infrequently.
If a user will no longer be using Explore Analytics, you can deactivate the user. Once the user is deactivated, they can no longer log in to Explore Analytics.
A creator user is a named user who can log into Explore Analytics and use the service to create or distribute reports. Creator users include users with administrative access.
A Limited User is a named user with restricted capabilities as described below.
A Limited User has the following restrictions:
You can purchase a subscription on our website and make an online credit-card payment. We may also issue an invoice and the new subscription will be delivered upon receipt of your payment. In both cases, the subscription is non-cancellable and your payment is non-refundable.
We require electronic payment by means of an electronic fund transfer (e.g., ACH) to our bank account.
Should you fail to pay the invoice within the payment terms stated in the invoice, we may suspend your use of the Explore Analytics Service in addition to any other available rights and remedies.
Explore Analytics rejects any purchase order's terms to the extent they add to or conflict in any way with these Terms. We reserve the right not to accept your purchase order.
Some use of our Service requires you to download a software package (“Agent Software”). Explore Analytics hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Agent Software, solely to enable data access using the Explore Analytics Service. We hereby reserve all rights not expressly granted in these Terms. Our Explore Analytics Service may update the Agent Software on your computer automatically when a new version is available.
You agree not to misuse the Explore Analytics Service and to only use the Explore Analytics Service in a manner consistent with its stated purpose of analyzing and visualizing your data. In particular, you will not use the Explore Analytics Service in a way that is unlawful or may infringe on the legitimate rights of others.
Storage limits apply to data that you import or upload to Explore Analytics, and data that you generated using a Track Trend job and store in tables on the Explore Analytics server. You agree that the amount of data that you store at any time on the Explore Analytics server and the number of tables that you create in this way will not exceed this limit. The limit is based on the number of users in the subscription that you purchased. For a single user, the limit is 20 tables and 350 Megabytes. For multiple users, the limit is shared and is calculated by multiplying the single-user limit by the number of users.
This limit applies to published reports that do not require the user to log in. Such report publishing without requiring log in is only available with the Enterprise Plus Edition of the Service. The subscription includes a limited number of view impressions of such published reports. The limit is 150,000 view impressions per month.
You may stop using our Explore Analytics Service any time. We may suspend or terminate your use if you are not complying with these Terms, or use the Explore Analytics Service in any way that would cause us legal liability or disrupt others’ use of the Explore Analytics Service. If we suspend or terminate your use, we will provide you with notification.
Warranty. Explore Analytics warrants solely for the benefit of customers with a current subscription that the service will materially conform to the User Guide. The User Guide can be found on-line at http://www.exploreanalytics.com/wiki. THIS SECTION SETS FORTH EXPLORE ANALYTICS’ SOLE OBLIGATION, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, FOR A BREACH OF THE WARRANTY IN THIS SECTION.
No Other Warranties. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THE SERVICE AND AGENT SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. EXPLORE ANALYTICS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXPLORE ANALYTICS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL EXPLORE ANALYTICS AND ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIFTY ($50) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.
You agree to indemnify and hold Explore Analytics, its owners, directors, officers, management, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of the Explore Analytics Service.
Explore Analytics agrees to indemnify and hold you, your owners, directors, officers, management, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that Explore Analytics infringes or misappropriates the intellectual property rights of a third party.
The export and re-export of the Agent Software may be controlled by the United States Export Administration Regulations. The Agent Software may not be used in any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Agent Software.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of law provisions of California or your state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.
These Terms constitute the entire agreement between the parties and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Terms of the Explore Analytics Service. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Explore Analytics.
