Terms of Service
as of 24 may 2018
By accessing or using any service or website, including without limitation, the social analytics services at olelohq.com, olelo.app and its affiliated websites (collectively the "Services") provided by Olelo Inc. ("Olelo", "us", "we", "our") where this Terms of Service is published, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
It is your responsibility to review these terms of service periodically. If at any time you find these terms of service unacceptable or if you do not agree to these terms of service, please do not access the Services. The materials contained in this website are protected by applicable copyright and trademark law.
YOU AGREE THAT BY USING THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE.
Permission is granted to use and access the Services solely for your own use. This is the grant of a non-transferable, non-exclusive, revocable, limited license, not a transfer of title, and under this license you may not:
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise exploit the Services, whether in whole or in part, or any content displayed on the Services;
- attempt to modify, decompile, make derivative works of or reverse engineer any software contained or part of the Services;
- remove any copyright or other proprietry notations from the Services or on any content displayed of the Services;
- use or access the Services in order to build a competitive website, product or service; or
- except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Any future release, update, modification or other addition to the Services shall be subject to these terms or service. We reserve the right, at any time, to modify, suspend or discontinue, in whole or in part, the Services with or without notice to you. You agree that we will not be liable to you or any third party for modification, suspension or discontinuation of the Services or any part thereof.
The materials on the Services are provided on an 'as-is' basis. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services or otherwise relating to such Services or on any sites linked to this site.
Subscriptions and Fees
Features of the Services are provided on a monthly subscription basis, beginning on the activation of your Account, and each monthly period thereafter (the "Billing Cycle").
You may use the Services, upon registration and activation of your Account, free of charge except when you have chosen a specific paid option (the "Subscription Plan") with a corresponding total charge for a given Billing Cycle (the "Subscription Fee"). Unless a separate pricing agreement between you and Olelo is executed, in writing, you are obligated to pay us all applicable fees associated with your use of the Services as provided for in the list of options and prices (the "Pricelist").
The Subscriptions Fees are based on the Pricelist, which we may update from time to time. Any changes to the Pricelist will not become applicable to your Account until the following Billing Cycle, and never earlier than seven days after the change.
You will be granted access to the Services to the extent of your choosing, based on the Subscription Plan. We shall provide you with a proper invoice for each Billing Cycle.
You are responsible for keeping your billing and contact information up-to-date. Any changes to such information must be notified to us in a timely manner. All payments under these terms shall be made in United States dollars and are non-refundable, unless otherwise agreed.
You are responsible for all applicable taxes, however designated, incurred in connection with your use of the Services, including but not limited to state and local privilege, excise, sales, VAT, and use taxes and any taxes or amounts in lieu thereof paid or payable by us, but excluding taxes based upon our net income.
If you fail to pay any Subscription Fee at the beginning of the Billing Cycle, we reserve the right to suspend your Account and your access to the Services, including, without limitation, access to your Account information.
In no event shall we or our suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Olelo Inc.'s website, even if Olelo Inc. or a Olelo Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of materials
The materials appearing on Olelo Inc.'s website could include technical, typographical, or photographic errors. Olelo Inc. does not warrant that any of the materials on its website are accurate, complete or current. Olelo Inc. may make changes to the materials contained on its website at any time without notice. However Olelo Inc. does not make any commitment to update the materials.
Olelo Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Olelo Inc. of the site. Use of any such linked website is at the user's own risk.
Olelo Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
The Services shall be deemed solely based in California and you expressly agree that your rights and obligations, this terms of service and any disputes shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any claim or dispute between you and Olelo that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California.