Legal

Terms of Use

Thanks for using Pathful.

Please read these Terms carefully. By using the Pathful Website or signing up for our Services, you’re agreeing to these Terms. This is a legal agreement.

The Basics

Let’s start with some definitions that will help you to understand this agreement.

These Terms of Service (“Terms”) govern the use of https://www.pathful.com/ (the “Website”) and Services (as described below) which are made available by Pathful Technology Inc. (“Pathful,” “we,” or ”us”) to Customers (as defined below). A customer’s access to and use of the Website, Services, and any information contained therein is conditional on Customer’s acceptance of and compliance with these Terms as well as our Privacy Policy which governs our use of personal information.

1. Description of Service

We provide registered customers (“Customers”) with analytical data about their visitors (“Site Users”) interactions with their domains (“Customer Sites”) (the “Services”).

We reserve the right to change the form and nature of the services we provide from time to time without prior notice to the Customer. In addition, we may stop providing access to or aspects of the Website and/or Services (or any features within the Services).

The Customer is responsible for the Customer’s use of the Website and Services.

2. Data Terms

Customer Data
As between Pathful and Customer, the Customer shall own the rights to Customer Data which includes information about the Customer, Customer Sites, and referrer and meta data. Pathful will have the right to compile and use aggregate data to provide Customer with the Services, for research and development purposes and to provide statistics and aggregated information to other customers without limitation provided that such information does not relate only to the Customer’s Data and does not identify the Customer or Customer Sites.
Privacy Compliance
The Customer is responsible for any and all data about Site Users collected through the Service and the Customer represents to Pathful that they Customer has all necessary licenses, permissions, and consents to enable Pathful to collect, process, and store data about Site Users as required for Pathful to provide the Services. The Customer is also solely responsible for notifying Site Users that Pathful is collecting and processing information about them in order to personalize the Customer Site or enhance their user experience. For the avoidance of doubt, the Customer, not Pathful is responsible for the security of all data on Customer Sites including data about Site Users. The Customer agrees to comply with all applicable provincial, state, and federal laws and rules in using the Service and in connection with the collection, use, storage, disclosure, and security of any personal information about Site Users through the Customer Sites.
Suggestions
Pathful shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use and/or incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback provided by the Customer in the operation of the Service.

Rights

3. License of Rights

The Customer grants Pathful a non-exclusive license to use and otherwise exploit the Customer Data as reasonably required to provide the Services.

Pathful gives the Customer a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software and any other materials that are provided by Pathful as part of the Services. This license is for the sole purpose of enabling the Customer to use and enjoy the benefit of the Services as provided by Pathful, in the manner permitted by these Terms.

4. Pathful Rights

All rights, title, and interest in and to the Services (excluding Customer Data) are and will remain our exclusive property and the property of our licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms gives the Customer a right to use the Pathful names or any of the Pathful trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions the Customer may provide regarding the Website and Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to the Customer.

Accounts

5. Restrictions & Use of Services

We reserve the right at all times (but will not have an obligation) to terminate Customer accounts. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our users and the public.

The Customer may not do any of the following while accessing the Website or using the Services:

  1. Contravene any applicable laws relating to acceptable online conduct, behavior, and content usage;
  2. Engage in any illegal, offensive, or unauthorized conduct including:
    • Hacking, accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our providers and partners;
    • Probing, scanning, or testing the vulnerability of any system or network or breaching or circumventing any security or authentication measures;
    • Interfering with, or disrupting, (or attempting to interfere or disrupt), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
    • Removing or modifying any copyright, trade mark or other proprietary notice on the Website.
  3. Use automated devices (such as robots and spiders) to scrape or index the Website or its content; or
  4. Record or mine information about other users of the Website and Services.

The Customer agrees to indemnify us for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by the Customer in connection with using the Website or the Service, resulting in claims against us by other users or third parties.

6. Account Passwords

The Customer is responsible for safeguarding the password that the Customer uses to access the Website and Services and the Customer is responsible for any activities or actions under Customer’s password. The Customer agrees to keep the Customer password secure. We cannot, and will not, be liable for any loss or damage arising from the Customer’s failure to comply with these requirements.

Liability

7. Disclaimer

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION AND/OR WARRANTY OR CONDITION OF ANY KIND. PATHFUL MAKES NO REPRESENTATIONS AND GIVES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE REGARDING THE SERVICES PROVIDED UNDER THIS AGREEMENT AND PATHFUL SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY REPRESENTATIONS AND/OR WARRANTIES AGAINST NON-INFRINGEMENT AND ANY AND ALL IMPLIED REPRESENTATIONS AND/OR WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PATHFUL DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PATHFUL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) CUSTOMER’S ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF CUSTOMER TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PATHFUL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to Customer.

Fine Print

10. Waiver & Severability

The failure of Pathful to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

11. Controlling Law & Jurisdiction

These Terms and any action related thereto will be governed by the laws of the province of British Columbia without regard to or application of its conflict of law provisions or Customer province or country of residence. All claims, legal proceedings, or litigation arising in connection with the Services will be brought solely in British Columbia, Canada, and the Customer consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

12. Entire Agreement

These Terms and our Privacy Policy together with any subscriptions forms are the entire and exclusive agreement between Pathful and Customer regarding the Website and Services and these Terms supersede and replace any prior agreements between Pathful and the Customer regarding the Website and Services.

13. Changes to Terms

We may revise these Terms from time to time and the most current version will always be at www.pathful.com/terms. If the revision, in our sole discretion, is material we will notify Customer via an update or e-mail to the email associated with Customer’s account. By continuing to access or use the Website and Services after those revisions become effective, Customer agrees to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at info@pathful.com.

Effective Date: October 6, 2014

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