Wicked Reports Terms of Service

Wicked Reports
Terms of Service

At the beginning of each section below you will find our terms of services explained in so-called plain English (in bold text) followed by the corresponding legally-binding language (in italicized text).

 Plain-English Terms of Service

 Please review these terms carefully, and understand that you must agree to them to continue to use Wicked Reports.

 Although we may change our terms of service occasionally, if we do so, rest assured that you will be notified via an in-app message.

 We have provided a plain-English summary of our terms of service to help with your understanding, but the plain-English text is not legally binding on you: only the

italicized text of our full terms of service is binding.  You should, therefore, read the full legal terms of service, including all italicized text.

Legal Terms of Service

Date of Last Revision: May 25, 2018

The following terms and conditions (these “Terms of Service”) govern all use of the wickedreports.com website, including the Wicked Reports Blog (https://wickedreports.com/) (the “Blog”) and the Wicked Reports Application (https://my.wickedreports.com) (the “App,” and together with the Blog, the “Website”), and all content, services, features, activities and products available at or through the Website (the Website, together with all other content, services, features, activities and products available at or through the Website, are herein collectively referred to as the “Services”. The term “you” or “your” includes each of your subsidiaries, affiliates, and employees. The Services are owned and operated by Wicked Reports, LLC (also referred to as “we”, “our” or “us”). Please read these Terms of Service carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED IN THE TERMS OF SERVICE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO WICKED REPORTS’ PRIVACY POLICY (COLLECTIVELY, THIS “AGREEMENT”). BY USING OR ACCESSING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. THIS AGREEMENT IS LEGALLY BINDING AND CONDITIONS YOUR USE OF THE SERVICES.

If you do not agree to all the terms and conditions of this Agreement, you must discontinue use of the Services.

1. Account Registration and Access

You must be allowed to use our services under your local laws.

 You are responsible for keeping up to date the information you provide to us when you sign up for our services.

 You are responsible for the security of your passwords and for any use of your account.

 We may access your account to provide services and support or for any other business purpose.

You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.

 To register for the Services and create an account, you (including any agent designated by you operating on your behalf) must complete the registration process by providing Wicked Reports with the requested information including your name, email address, telephone, username, and password. You agree to provide us with complete and accurate information when you register for the Services, and to keep such information up to date.

You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify Wicked Reports immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services.

Wicked Reports may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access.

2. Fees, Term, and Termination

The pricing of Wicked Reports’ Services is based on your annualized tracked revenue as reported by your authorized order source.

 Your subscription will automatically renew at the current pricing.

 If your payment fails, our services will be terminated.

 If you want to cancel your subscription, you need to email support@wickedreports.com 5 days before your next billing date.

 Our refund policy can be found at https://www.wickedreports.com/cancellation-refund-policy/.

Wicked Reports subscription services (the “Plan”) is priced based on your tracked revenue, as reported by your authorized Order Source in any given subscription period.  Each Plan includes a numerical range of tracked visitors (“Unique Visitors”) that may be recorded by our Services on your tracked web page(s) in any given subscription period.

You will select your Plan as part of your registration for the Services. Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g., annually or monthly).

 The fees for your Plan are billed in advance of each billing cycle. In the event you cancel your Plan, no refunds or credits will be provided for partial or unused months of the Services, except where allowed by Wicked Reports’ Refund Policy (https://www.wickedreports.com/cancellation-refund-policy/).

If you exceed your Plan’s Unique Visitor limits in any given month, you will be automatically upgraded to the next level Plan for the remainder of your subscription period.

 At the end of your current subscription period, your Plan will automatically renew for a subscription period equal to your prior subscription period unless you provide Wicked Reports with email notice (sent to support@wickedreports.com) of your intent not to renew your Plan at least five (5) days prior to the end of the then-current subscription period.

 The fees for the Wicked Reports Service and any additional Professional Services are set forth in the Order Form and are payable in advance, irrevocable and non-refundable except as set forth in the Order Form and these Terms. You agree to provide Wicked Reports with complete and accurate billing and contact information. Where payment by credit card is indicated in the Order Form, or You otherwise provide Wicked Reports with credit card information, You authorize Wicked Reports to bill such credit card (a) at the time that You order the Wicked Reports Service or other Professional Services set forth in the Order Form, (b) for any billing frequency otherwise established in the Order Form, and (c) at the time of any renewal, for the amount charged plus any applicable sales taxes for any renewed Subscription Term.

You shall pay all personal property, sales, use, value-added, withholding and similar taxes (other than taxes on Wicked Reports’ net income) arising from the transactions described in these Terms, even if such amounts are not listed on an Order Form. To the extent You are exempt from sales or other taxes, You agree to provide Wicked Reports, upon request, with the appropriate exemption certificate.

Wicked Reports may terminate the Service if the billing or contact information provided by You is false or fraudulent. Wicked Reports also reserves the right, in its discretion, to suspend or cancel Your access and/or use of the Service: (i) where any payment is due but unpaid under any Order Form or account associated with You and You have been requested but failed to promptly cure such payment failure; or (ii) in the event a dispute arises on Your account as to who at Your business has authority to act or manage Your account and Wicked Reports is not promptly provided with written instructions from the interested parties associated with Your account that fully resolves the dispute. You agree that Wicked Reports shall not be liable to You nor to any third party for any suspension or cancellation of the Wicked Reports Service resulting from Your non-payment of Fees or from a dispute as to the management rights to Your account.

3. Licenses and Restrictions

You are allowed to use our software. To do so, you will share your contact, order, web traffic, and ad performance data, which we will use to provide reporting and analysis. We may also use your data, in aggregate and with no identifying information, for other purposes such as service delivery, product improvements, and marketing.

 You are the Data Controller, meaning you own the data of your users and customers. Wicked Reports is a Data Processor, whom you give exclusive license to manage this data.

 3.1 LICENSE TO WICKED REPORTS SOFTWARE

Subject to the terms and conditions of this Agreement, Wicked Reports (the “Data Processor”) hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (a) include the Wicked Reports-provided code (together with any fixes, updates and upgrades provided to you, the “Wicked Reports Tracking Code”) in the HTML code for web page(s) that are properly registered for the Services and owned or operated by you, solely for the purposes of accessing and providing information to the Services and accessing information available from the Services with respect to such web page(s); and (b) remotely access the Services to view and download your analysis and reporting stored on the Wicked Reports Website, located at https://my.wickedreports.com.

Except as expressly set forth herein, you shall not (x) use, reproduce, modify, or create derivative works of the Wicked Reports Tracking Code, or (y) transfer, lease, lend, sub-license, use for time-sharing, or service bureau purposes, resell or otherwise distribute or allow third-party access to all or any portion of the Wicked Reports Tracking Code or the Services (z) with the exception of third-party that is using the Services on your behalf or you using the Service on the third-party’s behalf. In this exception, you are fully liable for your and the third-party’s use of the Services as described in Section 5.

3.2 LICENSE TO CLIENT DATA

As between you (the “Data Controller”) and Wicked Reports, you shall retain ownership of any information, data and statistics that Wicked Reports obtains from your website or authorized data sources via API, HTTP Posts, data imports, or other means, such as raw data and log files generated by and/or provided to the Services.

You hereby grant to Wicked Reports a royalty-free, non-exclusive, irrevocable, right and license to access or modify any webpage on which you have installed the Wicked Reports Tracking Code (“your web page(s)”) and to access and log (a) any information concerning users’ actions, entries, or activities on your web page(s), (b) any information sent to you by users’ web browsers concerning users’ web activities immediately prior to visiting your web page(s) (e.g., URL information and HTTP header information), (c) any data provided by your authorized Order and Contact sources, (d) any data provided by your authorized ad platforms, (e) any data provided by your authorized Google Analytics account, and/or (f) any data or other information you provide to Wicked Reports (collectively “Client Data”) for the purposes of (i) providing you with analytics, reporting, and other functions related to the Services; (ii) analyzing and improving the Services; and/or (iii) 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, Wicked Reports’ marketing and promotional purposes. This information will be presented only in aggregate form, and we will not share specific site data that identifies you or your visitors without your permission.

You represent and warrant that you have all rights, licenses, and consents required to license Client Data to Wicked Reports on these terms, and further represent and warrant that this license does not infringe the rights of any third party or violate any applicable law or regulation.

3.3 LICENSE TO MATERIAL WHICH YOU POST

By posting any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files, forum messages, reviews, comments or other material (“Material”) to the Wicked Reports Blog or any other public area, you hereby grant Wicked Reports an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to reproduce, adapt, distribute, perform or publicly display, or create derivative works from all or any portion of the Material. You further represent and warrant that you own all rights to such Material and that this license does not infringe the rights of any third party or violate any applicable law or regulation.

4. Privacy

4.1 By agreeing to these Terms of Service, you also agree to our Privacy Policy located at https://www.wickedreports.com/privacy.

 4.1 Privacy Policy

By agreeing to these Terms of Service, you also agree to our Privacy Policy located at https://www.wickedreports.com/privacy.

 5. Third Parties

Links from Wicked Reports to third-party websites should be followed at your own risk. Third party websites are subject to their own terms and conditions and you should ensure that you understand and comply with them. Any questions or concerns with those terms should be directed to the site owner.

The Service may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Wicked Reports is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

 The Service may contain advertisements and/or links to other websites (“Third Party Sites”). Wicked Reports does not endorse, sanction or verify the accuracy or ownership of the information contained in/on any Third Party Site or any products or services advertised on Third Party Sites. If you decide to leave the Site and navigate to Third Party Sites, or install any software or download content from any such Third Party Sites, you do so at your own risk. Once you access a Third Party Site through a link on our Site, you may no longer be protected by these Terms and Conditions and you may be subject to the terms and conditions of such Third Party Site. You should review the applicable policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site, or relating to any software you use or install from a Third Party Site. Concerns regarding a Third Party Site should be directed to the Third Party Site itself. Wicked Reports bears no responsibility for any action associated with any Third Party Site.

6. Data Protection

You own, and are responsible for, your data.

 If you are subject to the General Data Protection Regulation of the European Union (GDPR), you may not use Wicked Reports without entering into the Wicked Reports GDPR Compliance Data Processing Agreement with us.

Ownership of Your Data. As between You and Wicked Reports, Your Data is and will remain Your property. You grant to Wicked Reports a non-exclusive right to use, copy, distribute and display Your Data solely in connection with Wicked Reports’ operation of the Wicked Reports Service on Your behalf. You, not Wicked Reports, have sole responsibility for the accuracy, integrity, and reliability of Your Data, and Wicked Reports will not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any of Your Data.

EU Personal Data. As of May 25, 2018, if You have not executed the Wicked Reports GDPR Compliance Data Processing Agreement, You are prohibited from using the Wicked Reports Service to process data regulated by the General Data Protection Regulation of the European Union (GDPR).

Notification of Decreased Protection Standards Event. Wicked Reports agrees to promptly notify You if Wicked Reports becomes unable to satisfy its obligations under these terms.

7. Failures

We do not guarantee that there is no downtime. We are not liable for any downtime.

Wicked Reports does not guarantee, and shall have no liability for, any Services downtime, including, without limitation, any downtime (a) caused by failures of or previously scheduled maintenance to Wicked Reports’ equipment or servers, (b) caused by outages to any public Internet backbones, networks or servers; (c) caused by any failures of your equipment, systems or local access services; or (d) relating to events beyond Wicked Reports’ 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 Wicked Reports or your servers are located or co-located.

8. Disclaimers, Limitation of Liability and Indemnification

We cannot guarantee the accuracy of stats. We do not guarantee the integrity of third-party links.

The service is provided “as-is”.

We explicitly limit our liability if something goes wrong.

8.1 GENERAL DISCLAIMERS

The information, reports and services included in or available through the Services may include inaccuracies or typographical errors. Complete accuracy in all aspects of your Statistics at all times also is not guaranteed. Changes are periodically added to the information herein. Wicked Reports 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.

8.2 DISCLAIMERS OF WARRANTIES

THE SERVICES, THE WICKED REPORTS TECHNOLOGY AND SERVICE, THE WICKED REPORTS TRACKING CODE AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY WICKED REPORTS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, THE WICKED REPORTS TRACKING CODE, THE REPORTS, OR ANY DOCUMENTATION, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WICKED REPORTS DOES NOT WARRANT THAT THE SERVICES, THE WICKED REPORTS TRACKING CODE OR ANY REPORTS DERIVED THEREFROM WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU IN FULL.

8.3 LIMITATIONS ON LIABILITY

WICKED REPORTS AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICES), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WICKED REPORTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN FULL

WICKED REPORTS’ 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 THE AGGREGATE FEES PAID TO WICKED REPORTS FOR USE OF THE SERVICES DURING THE SIX MONTHS PRECEDING THE MOST RECENT EVENT GIVING RISE TO SUCH LIABILITY.

 8.4 INDEMNITY

 You agree to indemnify and hold Wicked Reports harmless from and defend Wicked Reports against any third party or government claims, including all related damages, costs and expenses (including reasonable attorneys’ fees), that arise due to Your violation of law or breach of these Terms, including any losses that result from claims You make that are prohibited under any provision of these Terms, such as the Limitation of Liability section above, or any other section.

9. Miscellaneous

These Terms of Service will be interpreted and enforced according to the laws of the Commonwealth of Massachusetts.

 These Terms of Service represent the entire agreement between you and Wicked Reports.

Governing Law

 The validity, interpretation, construction and performance of these Terms of Service, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to the principles of conflict of laws.

Entire Agreement

 These Terms of Service contain the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes and replaces all prior agreements or understandings, whether written or oral, with respect to the same subject matter that are still in force between the Parties.