The term “Website” means AskLytics public websites, including without limitation those found at the following URLs: www.asklytics.com; community.asklytics.com; wiki.asklytics.com; partners.asklytics.com; and developer.asklytics.com. The term “Website” does not include the AskLytics Products (as defined below) regardless of the domain name used to access such AskLytics Products.
We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to registered users or another subset of users. You are solely responsible for making all arrangements necessary for you to access the Website.
The “Website” does not include AskLytics Products. “AskLytics Product” means the AskLytics platform and any AskLytics applications or subscription services, including those customarily provided by us only to our paying customers, along with professional services, support, and maintenance, and any other products or services offered for sale by AskLytics. AskLytics Products do not include Non‑Production Instances or Apps (as defined below). You must purchase access to AskLytics Products pursuant to a separate subscription or other agreement with AskLytics (“Subscription Agreement”).
2. Use of the Website
To the extent you have purchased support rights under your Subscription Agreement, do not use Community Services for the escalation of support issues. Contact AskLytics Support as provided in your Subscription Agreement.
Code of Conduct
You agree to comply with the following code of conduct in your use of the Website:
You agree not to access or use the Website in any manner:
Notification of Violation.
We may, but are under no obligation to, monitor or censor comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third‑party users and we disclaim any and all liability relating thereto.
3. Non-Production Instances
You may not use the Non‑Production Instance with production data or to provide services to others, including services of implementation, customization or configuration of the Subscription Service. You may not transfer, sublicense, distribute or otherwise provide third parties access to any applications, integrations or other material that you develop using the Non‑Production Instance. If you need to access the Subscription Service on a production basis or to provide services or develop Apps for others, please contact AskLytics to discuss commercial offerings.
THE NON‑PRODUCTION INSTANCE AND OTHER ASKLYTICS CORE TECHNOLOGY (AS DEFINED BELOW) ARE PROVIDED TO YOU UNDER THIS AGREEMENT AT YOUR OWN RISK AND “AS‑IS” WITHOUT WARRANTY OF ANY KIND. You shall input only non‑sensitive, non‑production data into the Non‑Production Instance. AskLytics shall have no obligation or liability for or with respect to an Non‑Production Instance, including without limitation: warranty, support, reliability, backup, performance or service level, refund, service credits, loss of use or loss of data.
You shall treat your login credentials to, and the contents of (with the exception of data inserted by you), the Non‑Production Instance as confidential information and shall not disclose it to any third party. You agree to provide any required disclosures to and obtain any required consents for the transfer of your data to AskLytics in connection with your use of the Non‑Production Instance. AskLytics shall not be responsible for compliance with any laws applicable to you and your industry that are not generally applicable to information technology service providers. You agree that AskLytics may collect, use and disclose quantitative data derived from the use of the Non‑Production Instance for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed regarding your use of a Non‑Production Instance will be either in aggregate form or masked of all identifying information using de-identifying techniques.
6. Intellectual Property
AskLytics Core Technology
As between you and AskLytics, you shall retain all rights, title, and interest in and to its intellectual property rights in the electronic data uploaded by you (excluding AskLytics Core Technology), and User Technology. You hereby grant to AskLytics a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Technology or data uploaded by you in the Non‑Production Instance solely for the purpose of providing the Non‑Production Instance to you. As used herein, “User Technology” means software, methodologies, templates, business processes, documentation or other material authored, invented or otherwise created or licensed (other than by or from AskLytics) by you using or for use with the Non‑Production Instance, excluding the AskLytics Core Technology.
AskLytics, service marks and all related, logos, product and service names, designs and slogans are trademarks or service marks of AskLytics or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
If you use Development Tools to create software that communicates or otherwise interoperates with the AskLytics Products, you agree that such software will exclusively use the AskLytics APIs provided with the Development Tools to communicate with the AskLytics Products. You agree that such software shall not circumvent these APIs or otherwise use APIs that diminish AskLytics’s ability to isolate errors when providing customer support. Development Tools are proprietary information of AskLytics. You shall not distribute Development Tools to any third party and will not use the Development Tools to develop any software product that is operable apart from the AskLytics platform.
No rights are granted to you with respect to User Contributions (not including Apps, which are treated as described above) other than the limited, personal, non‑exclusive license to reproduce User Contributions as necessary to display the User Contributions on a machine that you use to interact with the Website.
Third Party Content
Third‑party materials and free and open source software (not including Apps) (“FOSS”) provided by us to you may be accompanied by licensing terms, in which case such licensing terms shall govern your use of that third‑party software or FOSS. Mention of third parties and third‑party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constituters neither an endorsement nor a recommendation. All third‑party product specifications and descriptions are supplied by the respective vendor or supplier, and AskLytics shall have no responsibility with regard to the selection, performance or use of such vendors or products. To the extent you access or use such software, all understandings, agreements or warranties, if any, shall be directly between the vendor and you.
No right, title or interest in or to the Website including Website Content and Contributions or AskLytics Core Technology, is transferred to you.
AskLytics Core Technology is licensed and not sold even if for convenience AskLytics makes reference to words such as sale or purchase.
You shall not (and shall not permit others to) do any do any of the following with respect to the Website or AskLytics Core Technology: (a) license, sublicense, sell, resell, rent, lease, transfer, distribute or time share it or otherwise make any of it available for access by third parties, including any derivative works of AskLytics Core Technology irrespective of which party authors such derivative works; (b) use it on a production basis or with production data or use it to provide services to others including services of implementation, customization or configuration of the Subscription Service; (c) disassemble, decompile or reverse engineer it, particularly for the purpose of developing any product or services competitive with the Subscription Service generally; (d) subject to the preceding clause, use or access it for the purpose of developing products or service competitive with the platform component of the Subscription Service (competitive applications, however, are permitted); (e) copy, create derivative works of, or otherwise modify it, except as expressly permitted hereunder; (f) disrupt its security, integrity or operation; (g) remove or modify a copyright or other proprietary rights notice in it; (h) use it to reproduce, distribute, display, store, transmit or use material or content protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (i) use it to damage the property of another; (j) use it in any manner which violates any applicable law or regulation; (k) use it in a manner that temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any AskLytics or third‑party data, software or network (not including modifications to the Configurable Elements or any data uploaded into the Subscription Service by Participant) without authorization; (l) use it to create, use, send, store or run viruses or other harmful computer code; (m) use it in any manner that disables, hacks or interferes with any security, digital signing, digital rights management, verification or authentication mechanisms; or (n) use it in any manner that, in AskLytics’s reasonable judgment, circumvents the ordinary use or operation of the Subscription Service or APIs, disrupts AskLytics’s pricing structure or ability to provide services or support to Customers, or allows any party to access AskLytics Technology in excess of such party’s authorized or normally intended use.
Before Participant exercises any of the foregoing actions that Participant believes it is entitled to based on mandatory law, Participant shall provide AskLytics with thirty (30) days prior written notice at email@example.com, or, if applicable law or the relevant court order allows for more than (30) days, the maximum amount of notice allowable, or, if applicable law or the relevant court order does not allow for thirty (30) days’ notice, the maximum amount of notice allowable, and provide all reasonably requested information to allow AskLytics to assess Participant’s claim and, at AskLytics’s sole discretion, to provide alternatives that reduce any adverse impact on AskLytics’s intellectual property or other rights.
Linking to the Website
You may link to our homepage or any other page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice. The Website or any part of the website must not be framed on any other site. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third‑party websites linked to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites.
8. Monitoring, Enforcement and Feedback
AskLytics has the right but not the obligation to:
Without limiting the foregoing, AskLytics has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD ASKLYTICS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ASKLYTICS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ASKLYTICS OR LAW ENFORCEMENT AUTHORITIES.
AskLytics can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Feedback & Suggestions
Direct feedback, comments, suggestions, requests for support and other communications relating to the Website to: firstname.lastname@example.org. AskLytics shall have a perpetual, irrevocable, royalty‑free, fully‑paid, sublicensable, transferable, non‑exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, and suggestions for improvements or enhancements to the Website and the AskLytics Products.
9. Legal Considerations
You agree that the configuration and information contained in a Non‑Production Instance, Apps and any information provided to you in connection with a AskLytics event will be considered and referred to as “AskLytics Confidential Information”). Notwithstanding the foregoing, AskLytics Confidential Information shall not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours; (b) information that is generally made available to the public by us; (c) information that is independently developed by you without the use of any AskLytics Confidential Information; (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation; or (e) any third‑party software and/or documentation provided to you by us and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.
Unless otherwise expressly agreed or permitted in writing by AskLytics, you agree not to disclose, publish, or disseminate any AskLytics Confidential Information to anyone. You agree not to use AskLytics Confidential Information in any way, including, without limitation, for your own or any third party’s benefit without the prior written approval of an authorized representative of AskLytics in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of AskLytics Confidential Information. You acknowledge that unauthorized disclosure or use of AskLytics Confidential Information could cause irreparable harm and significant injury to AskLytics that may be difficult to ascertain. Accordingly, you agree that we will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies we may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose AskLytics Confidential Information, you may make such disclosure, but only if you have notified us before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as AskLytics Confidential Information.
Certain parts of the Website may grant you access to certain proprietary content (including, without limitation, training modules, video presentations and audio recordings) that we may make available to you from time to time for a separate fee (“Paid Content”). Paid Content shall be considered AskLytics Confidential Information, unless otherwise agreed or permitted in writing by AskLytics. You may not share the Paid Content with anyone, including, without limitation, employees and contractors working for the same entity as you. Subject to these terms and conditions, we grant you a non‑exclusive, non‑transferable, personal license to access and use the Paid Content upon your purchase, provided that you may only download one (1) copy of the Paid Content and such download must be completed within the time period specified by us for such download. Except as expressly permitted by us, you shall not modify, translate, reproduce, distribute, or create derivative works of the Paid Content or any part thereof. You shall not sell, sublicense, rent, lease, loan, assign or otherwise transfer any rights in the Paid Content. We and/or our licensor(s) retain ownership of the Paid Content itself and any copies or portions thereof. The Paid Content is licensed, not sold, to you by us for use only under this Agreement, and we reserve all rights not expressly granted to you. Your rights under this license to use and access the Paid Content will terminate automatically without notice from AskLytics if you fail to comply with any of these provisions.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification (a “DCMA Notice”) to our copyright agent (designated below) in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”)
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Legal Department, Copyright Agent
764 San Aleso Ave, Sunnyvale, CA 95085, USA
Copy to email@example.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter‑notification with us by submitting written notification to our copyright agent (identified above) pursuant to the DMCA.
It is the policy of AskLytics to terminate the user accounts of infringers.
Regional Legal Considerations
The owner of the Website is based in the state of California in the United States. The Website can be accessed from countries around the world. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Website from territories where the Website or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.
Disclaimer of Warranties
AskLytics cannot and does not promise or warrant that any aspect of the Website, including the Community Services, Documentation, Development Tools, Store, Apps, or any other Website Content is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. ASKLYTICS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
AS BETWEEN YOU AND ASKLYTICS, YOUR USE OF THE WEBSITE AND NON‑PRODUCTION INSTANCES, INCLUDING COMMUNITY SERVICES, USER CONTRIBUTIONS, APPS, DEVELOPMENT TOOLS, DOCUMENTATION AND ANY OTHER WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING THE WEBSITE CONTENT, NON‑PRODUCTION INSTANCES AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, ARE PROVIDED TO YOU BY ASKLYTICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ASKLYTICS NOR ANY PERSON ASSOCIATED WITH ASKLYTICS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ASKLYTICS NOR ANYONE ASSOCIATED WITH ASKLYTICS REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ASKLYTICS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT, NON‑PRODUCTION INSTANCES OR ANY SERVICES OR ITEMS OBTAIN THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU MAY RECEIVE WARRANTIES FROM THE CONTRIBUTOR OF AN APP PURSUANT TO THE APP CONDITIONS UNDER WHICH SUCH APP IS PROVIDED TO YOU; HOWEVER, ASKLYTICS SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO SUCH WARRANTIES OR ANY OTHER TERM IN THE APP CONDITIONS.
Limitation of Liability
EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL ASKLYTICS, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY COMMUNITY SERVICES, NON‑PRODUCTION INSTANCE, USER CONTRIBUTIONS, APPS, WEBSITE CONTENT OR SERVICES OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You may not access, download, use or export materials posted to the Website in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.
You acknowledge that the Non‑Production Instances, Apps, Documentation and Development Tools are subject to the U.S. Export Administration Regulations (the “EAR”) and you shall comply with the EAR. Without limiting the foregoing, you represent and warrant that: (a) you are not located in, and shall not use the Documentation and Development Tools from, any country that is subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria); (b) you shall not use the Documentation and Development Tools in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, sounding rockets or unmanned air vehicle systems; and (iii) you are not prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. In addition, you are responsible for complying with any local laws that may impact your right to import, export or use the Documentation and Development Tools.
U.S. Government Rights
Waiver and Severability
Third Party Beneficiaries
Classification of Website and AskLytics Products
In the event of a dispute, the categorization of any subject matter as either the Website or a AskLytics Product shall be made by AskLytics in its sole discretion, and AskLytics may reclassify as a AskLytics Product subject matter previously included in the Website.
Governing Law and Jurisdiction