Last updated: April 2020
1. Teralytics and the Dashboard Services
2. Overview and Acceptance
This Agreement applies to all who access the Dashboard as a visitor, user, or otherwise (“you”). This Agreement is effective on the date you access the Dashboard. Your continued use of the Dashboard after that will signify you have read, understood, and accept and agree to be bound by this Agreement. Teralytics reserves the right to make unilateral modifications to this Agreement without your consent.
Human-readable summary of Section 2: These terms establish what you can expect from us as you use our Dashboard Services, and what we expect from you. These terms may change. These human-readable summaries of various sections are not part of the Agreement, but are intended to help you understand its terms.
3. Intellectual Property Ownership and Licenses
3.1 Intellectual Property Ownership and Licenses
Teralytics owns and retains all right, title, and interest in the Dashboard, Dashboard Services, and licensed data (“Licensed Data”) and in all of Teralytics’ patents, registrations, filings, applications, trademarks, trade names, logos, inventions, copyrights, know-how, trade secrets and other intellectual property relating to the design, processing, production, operation or service of its business. For avoidance of doubt, Licensed Data includes any aggregated and statistical data and insights. Except as expressly provided herein, nothing in the Agreement will transfer, assign, license or otherwise grant any party any right or interest in any other party’s Intellectual Property Rights.
The Teralytics logos and names are trademarks of Teralytics and are registered in certain jurisdictions. Any other product names, company names, marks, logos, and symbols on the Dashboard or Dashboard Services may be the trademarks of their respective owners.
3.2 Limited License to Dashboard and Data
All use of the Licensed Data incures solely to the benefit of Teralytics, and nothing conveys to you or any party you represent any right, title or interest in or to the Licensed Data or any other Intellectual Property other than the right to use the Licensed Data for the purposes subject to this Agreement. Subject to the foregoing, any and all use or display of the Dashboard or Licensed Data will retain and provide clear and prominent attribution to indicate origin from and ownership by Teralytics in a manner that reflects favorably upon Teralytics (e.g. prominently display and use Teralytic’s name and logo, include a copyright notice and link to Teralytics’ website).
Human-readable summary of Section 3.2: Teralytics gives you certain rights to access the Dashboard, Dashboard Services, and Licensed Data, but you may only use them in the limited ways in which we have allowed. You shall always prominently attribute the Dashboard or Licensed Data to Teralytics in the communication with third parties.
4. Permitted and Prohibited Uses
4.1 Permitted Dashboard/Licensed Data Uses
Teralytics offers the Dashboard, Dashboard Services, and Licensed Data to you solely for lawful and non-commercial purposes only.
4.2 Prohibited Dashboard/Licensed Data Uses
The following is a non-exhaustive list of examples of prohibited uses of the Dashboard and Licensed Data:
reselling, renting, decompiling, reverse engineering or creating derivative works from the Licensed Data, unless otherwise explicitly specified herein;
- using any of the Dashboard/Licensed Data for commercial use;
- attempting to re-identify or decrypt the identity of any person(s) or device from the Licensed Data;
- using the Dashboard/Licensed Data as part of any effort to compete with Teralytics or otherwise using the Dashboard and/or the content for any revenue-generating endeavor or commercial enterprise;
- using, or encouraging, promoting, facilitating, instructing, or inducing others to use, the Dashboard, Dashboard Services, or Licensed Data for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others;
- systematically retrieving data or other content from the Dashboard to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Teralytics.
5. Disclaimer of Warranties
THE DASHBOARD, DASHBOARD SERVICES, AND LICENSED DATA ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE DASHBOARD AND TERALYTICS’ SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TERALYTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DASHBOARD, THE DASHBOARD SERVICES, AND LICENSED DATA, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TERALYTICS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE DASHBOARD OR THE LICENSED DATA.
SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, ANY, SOME, OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, THE FOREGOING EXCLUSIONS WILL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Human-readable summary of Section 5: Teralytics does not make any guarantees about the Dashboard, Dashboard Services, or Licensed Data available on or through the Dashboard, all of which is provided on an as is and as available basis.
6. Limitation on Liability
THE LIABILITY OF EITHER PARTY TOWARDS THE OTHER PARTY UNDER THIS AGREEMENT FOR WILFUL MISCONDUCT, GROSS NEGLIGENCE AS WELL AS FOR BODILY HARM OR PROPERTY DAMAGE SHALL NOT BE LIMITED. HOWEVER, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF TERALYTICS ARISING OUT OF OR RELATED TO YOUR USE OF THE DASHBOARD, THE DASHBOARD SERVICES, THE LICENSED DATA, OR OTHER CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED US DOLLARS ($100).
7. Term and Termination
8. Governing Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the law of Switzerland without regard to conflicts of law provisions. This Agreement is subject to the sole jurisdiction of the courts of Zurich, Switzerland.
9. Contacting Us
If you have questions or need assistance, please contact Customer Support at: