MEMBER ACCOUNT, PASSWORD, AND SECURITY.
To register for the Service, you must complete the registration process by providing ATrigger with current, complete and accurate information as prompted by the registration form, including your e-mail address (username) and password. You will at all times be responsible for maintaining the security of your account and password: you should protect your passwords and are fully responsible for your own and third party use of your accounts. ATrigger cannot and will not be liable for any loss and/or damage resulting from your failure to comply with this security obligation. You may not use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including but not limited to copyright laws). You are solely responsible for any and all activities that relate to your Account. You agree to notify ATrigger immediately upon learning of any unauthorized use of your Account or any other breach of security. The ATrigger support or sales staff will need your explicit agreement via the Account Info section or via email to log in to the Service under your customer password in order to maintain or improve the Service, including providing you with assistance on technical or billing issues.
NON EXCLUSIVE LICENSE.
ATrigger hereby grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Software solely as necessary to use the Service for one or more web pages that you own and control (collectively, the "Website"). Subject to the terms and conditions of this Agreement, you may remotely access, view and download your Reports stored at atrigger.com (or such other URL ATrigger may provide from time to time). Your license of, use of and access to the Software and the Service (which may include, without limitation, the Software, Documentation and Reports) is conditioned upon your compliance with the terms and conditions of the Agreement, including the following: You will not, nor will you allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Software; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the CTCC, the Processing Software, the Documentation or the Service; (iv) remove any proprietary notices or labels on the Software or placed by the Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will use the Software, Service and Reports solely for your own internal use, and will not make the Software or Service available for timesharing, application service provider or service bureau use. You will comply with all applicable laws and regulations in your use of and access to the Documentation, Software, Service and Reports.
The license will expire immediately upon failure to comply with the terms of this Agreement.
"Confidential Information" includes any proprietary data and any other information disclosed by one party to the other in writing and marked "confidential" or disclosed orally and, within five business days, reduced to writing and marked "confidential". Notwithstanding the foregoing, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party's possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information. Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. In which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing such information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such. You are responsible for safeguarding the confidentiality of your password(s) and username(s) issued to you by ATrigger, and for any use or misuse of your account resulting from any third party using a password or username issued to you.
All information that are monitored and tracked by ATrigger are public data. We don't have access to any illegal or private data and information. We do organizing and storing the public data specified by our clients for them.
Customer panels are private and we will not publish what they track or what is important for them.
All fees are paid in advance (monthly or annually) and are not refundable. You may evaluate the Service by using the free trial.
We use various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider.
Free Trial Period
1. ATrigger may offer, during the registration process, a one-time free trial period during which you can try out the Service for 15 days from the date you register to use the Service without pre-paying in advance ("Free Trial Period"). To view the specific details regarding your Free Trial Period, if any, visit the ATrigger Website, login at http://atrigger.com/user/login and click the "Account > Subscription" page after logging in.
2. In some instances, the available balance or credit limit on the credit card provided during the registration process may be reduced to reflect the pre-authorization of certain de minimis charges related to your Plan; however, no charges will be made against your credit card unless you do not cancel prior to the end of your Free Trial Period.
3. You will recieve an email from our payment provider automatically at 5-day end of your trial period. all credit card processings will be done by them (Avangate) and you will get instructions how to cancel the trial if you doesn't like ATrigger.
4. ATrigger reserves the right to modify, cancel and/or limit the Free Trial Period offer at any time.
You agree to indemnify, hold harmless and defend ATrigger, at your expense, any and all third-party claims, actions, proceedings, and suits brought against ATrigger 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 ATrigger or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, (iii) your violations of applicable laws, rules or regulations in connection with the Service, or (iv) your Brand Features. In such a case, ATrigger 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. ATrigger reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
DISCLAIMER OF WARRANTIES.
You represent and warrant to ATrigger that you (i) own all right, title and interest in and to the URLs of your website; (ii) own or have obtained all rights necessary to publish all of the content published on or through your website and the user interface of your website; and (iii) have obtained all necessary consent(s) from Visitors required to enable the Services. In addition, you grant ATrigger the right to access Client Data for the purposes of (A) providing you with reports and other functions related to the Services; (B) analyzing and improving the Services; and/or (C) compiling aggregate data derived from your use of the Services to compile statistics, metrics, insights and general trend data about the Services for, among other things, marketing and promotional purposes. The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ATrigger and/or its respective vendors may make improvements and/or changes in the Services at any time, without obligation to notify any person or entity of such changes. The Services may contain links to third party websites ("Third Party Websites"). Access to Third Party Websites is at your own risk and ATrigger is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. The Third Party Websites are not under the control of ATrigger and as such, ATrigger is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. ATrigger provides these links merely as a convenience and the inclusion of such links does not imply an endorsement or recommendation. ATrigger does not represent or warrant that (1) the Services will be error-free or accessible at particular times, (2) defects will be corrected, (3) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (4) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable. You specifically agree that ATrigger shall not be responsible for unauthorized access to or alteration of your data. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: EXCEPT AS EXPRESSLY WARRANTED IN THE TERMS, ALL SERVICES ARE PROVIDED "AS IS" AND ATrigger HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE TERMS, IN NO EVENT SHALL ATrigger OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ATrigger MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (IV) THAT THE SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATrigger OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. ATrigger’s (and its wholly owned subsidiaries’) total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $10.
ATrigger does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (i) caused by outages to any public Internet backbones, networks or servers; (ii) caused by any failures of your equipment, systems or local access services; (iii) for previously scheduled maintenance; or (iv) relating to events beyond ATrigger's control, such as strikes, riots, insurrections, fires, floods, explosions, war, governmental actions, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where ATrigger or your servers are located or co-located.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATrigger AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATrigger HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
PROPRIETARY RIGHTS NOTICE.
The Service, which includes but is not limited to the Software and all intellectual property rights in the Service are, and shall remain, the property of ATrigger. All rights in and to the Software not expressly granted to you in this Agreement are hereby expressly reserved and retained by ATrigger and its licensors without restriction, including, without limitation, ATrigger right to sole ownership of the Software and Documentation logos, trademarks, trade secrets, databases, reports, and Web site. Without limiting the generality of the foregoing, you agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of ATrigger; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with ATrigger other than in the name of ATrigger; or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.
TERM and TERMINATION.
You can cancel your Account and Subscription at any time by deleting all Projects from your Account and then contacting ATrigger for account cancellation. You should note that immediately following cancellation, all data will be deleted from the Servers and you will not be able to recover the deleted information once the Account is cancelled. When you cancel your Subscription, your plan will remain active during the then current billing period, but your subscription will not thereafter be renewed. After your subscription expires, no new recordings will be generated, however, your recording history will be maintained for a 30-day period, after which data will be immediately deleted from your Account. The deleted information will not be recoverable at the end of such 30-day period. ATrigger, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Data in your Account. ATrigger reserves the right to refuse service to anyone for any reason at any time. Violation of any of the Terms of Service may result in the termination of the Service. Upon any termination or expiration of this Agreement, ATrigger will cease providing the Service, and you will delete all copies of ATrigger's CTCC code from all web pages under your control and certify thereto in writing to ATrigger within three (3) business days of such termination. In the event of any termination (a) you will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of your historical report data will no longer be available to you unless a purchase or professional services agreement for the exchange and transfer of such data is entered into as a component of termination. Note that your Subscription will be automatically renewed at the end of the specific Term and accordingly your Account and Subscription will stay valid (and accordingly, your obligation to pay the applicable fees will continue) until you decide to cancel your Account as stated herein below.
MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES.
Any notices or other communications permitted to required hereunder, including those regarding modifications to the Terms, will be in writing and given by posting to our website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
Technical support will be provided to customers depending on their plan.
You must not modify` , adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ATrigger, or any other ATrigger service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ATrigger.
You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not record the same domain in more than one free Account.
You authorize ATrigger to use your company name, logo or other applicable trademarks, at any time, for the purpose of referencing you as a customer on the ATrigger Website or in other promotional marketing materials. If you do not wish to be referenced please contact ATrigger at [email protected].
If you have any questions about this terms, the practices of this site, or your dealings with this site, please contact us at:
+1 (631) 954 4530
This document was last updated on May 01, 2013