Tailbee provides users with access to analytics resources which may be accessed through any medium or device now known or hereafter developed (the “Service”). You understand and agree that the Service may include certain communications from Tailbee, such as service announcements, administrative messages, and newsletters, and that these communications are considered part of your membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that TailBee assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TailBee of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Tailbee cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You agree to indemnify and hold Tailbee and its officers, agents, employees and partners harmless from any claim or demand, including reasonable attorneys’ fees.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service (including your account), use of the Service, or access to the Service.
You agree that Tailbee may, in its sole discretion and without prior notice, immediately terminate your account and deny access to the Service for reasons that include, but are not limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that TailBee a shall not be liable to you or any third party for any such termination of your account, any associated informatioin, or access to the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAILBEE, AND ITS OFFICERS, EMPLOYEES, AGENTS AND PARTNERS 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 SUCH LOSSES ARE REASONABLY FORESEEABLE OR TAILBEE HAS ACTUAL NOTICE OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (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 SERVICE.
All logos, product, and service names related to these TOS are trademarks of TailBee (the “TailBee Marks”). Without TailBees prior permission, you agree not to display or use in any manner the TailBee Marks.
TailBee may, upon any notice required by applicable law, change the fees for the Analysis Service at any time or require new fees or charges. Such changes will be effective immediately upon posting on our Website; provided, however, that such fee changes will be effective only as to prospective Analysis Service orders (including renewals) accepted by TailBee after the effective date of such change. Please be aware that any discounts applicable to previous subscriptions may not apply to renewed subscriptions.
Your Plan, which may start with a Free Trial Period, will renew automatically and continue month-to-month or year-to-year (depending on your Plan) unless and until you cancel your Plan or we terminate it. You must cancel your Plan before it renews in order to avoid fees due under the next billing cycle. To view the specific details of your Plan, including the commencement date of your next renewal period. We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts.
We reserve the right to deactivate your access to the Analysis Service for failure to pay applicable fees as described in this Agreement. Unless otherwise stated, all fees are stated in Euro.
The only valid method for canceling your Plan is via the cancellation link provided in your account, accessible after logging in to the TailBee Website. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Analysis Service and any data or information stored in your account. If you cancel your Plan during a Free Trial Period, effective upon such cancellation, you will immediately lose all access to the Analysis Service and any data or information stored in your account.
Tailbee 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 TailBees'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 TailBee or your servers are located or co-located.
Recognizing the global nature of the Internet and the rapid changes around online privacy, you agree to comply with all local rules regarding online conduct and acceptable content. Without limiting the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and to comply with any other local laws affecting the Services.