Terms of Service

By using or accessing any part of Gtricks applications/offerings (the “Service”), You agree that you have read, understand, and agree to be bound by all of the terms and conditions contained herein. If You do not agree to these Terms, you must not use or access the Service. If You are entering into this Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms.

Description of Service
Gtricks applications/offerings are offered and provided subject to these Terms and solely for Your business purposes. You may connect to the Service using any Internet browser supported by the Service.

The Service requires a Google account that will be used to access the Service configuration console and a datasource which will contain the data displayed by the Service. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your Google account and for creating and managing the datasource and their content. All fees associated with the foregoing shall be paid by You.

Modifications
To these Terms: Gtricks reserves the right to update and change the Terms of Service upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website. You may terminate your use of the Service if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.gtricks.com/tos/

To the Service: Gtricks may make changes to the Service from time to time. Gtricks will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.

Use of the Service
Access to Service: Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access. Upon installation of the Service, Customer will configure the application as defined. Customer is solely responsible for updating the required permissions of the relevant item and revoking such permissions when Customer ceases use of the Service.

License to Customer: Subject to Customer’s compliance with these Terms and the Google Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees, Gtricks hereby grants Customer a limited, revocable, non-transferable non-exclusive, non-sublicensable license to access and use the Service, solely for Customer’s own internal use.

Customer is at all times fully responsible and liable for all acts and omissions by Users to whom Customer has granted access to the Service and Customer agrees to indemnify Gtricks for all claims and losses related to any such acts and/or omissions.

Gtricks reserves the right to terminate unpaid accounts. In the event of any termination, Customer shall be responsible for updating the permissions of the data sources that were linked with the views. Gtricks will provide Customer with prior notice of such termination by email.

Restrictions on Use
Restrictions on Use of Gtricks applications: In addition to all other terms and conditions contained herein, you shall not and shall not permit others to:

  • Copy, modify, adapt, translate or otherwise create derivative works of the Service;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
  • Rent, lease, sell, assign or otherwise transfer rights in or to the Service;
  • Remove any proprietary notices or labels from the Service;
  • Use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service;
  • Use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
  • Otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
  • Process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.
    This list of prohibitions provides examples and is not complete or exclusive.

Gtricks reserves the right to suspend or terminate your access to Service with or without cause and with or without notice, for any reason or no reason, or for any action that Gtricks determines is inappropriate or disruptive to the Service or to any other user of this Service. Google may suspend your Google Apps account if: (a) your use of Google Apps is in violation of Google’s Acceptable Use Policy, which could disrupt: (i) Google Apps; (ii) other users’ use of Google Apps; or (iii) the Google network or servers used to provide Google Apps services; or (b) there is unauthorized third party access to Google Apps.

Gtricks may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Gtricks discretion, Gtricks will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.

Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.

You agree to indemnify and hold Gtricks and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Gtricks or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service or the use of Service by any person using your account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Suspension
Gtricks reserves the right to suspend or terminate Customer’s access to the Service with or without notice if Gtricks reasonably determines that:
(a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, Gtricks, Customer, or any user of the Service;
(b) Customer’s or its users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm Gtricks’s systems, or may subject Gtricks or any third party to liability;
(c) Customer or any User is using the Service for fraudulent or illegal activities;
(d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;
(e) Customer or any User is using the Service or other Gtricks property in breach of this Agreement;
or (f) Customer is in default of its payment obligations hereunder (collectively, « Service Suspensions »).

Gtricks will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Customer, and to provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.

Subscription terms
Customer agrees to pay the subscription fee applicable to Customers and its Users use of the Service. Such fees will be paid on a periodic basis as agreed to Gtricks when you subscribed for the Service.

Customer can use the Service without fees in using free version of the service or respecting the free quota. Gtricks monitors usage of the Service and will contact Customer by electronic mail if this limit is reached. Subscription fee is based on the number of Users accessing the Service.

In case of non-payment for any reason (including, if applicable, Gtricks’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Gtricks shall be entitled – without liability – to immediately suspend Customer’s and Users’ access to the Service. If you purchase your license to use the Service from Gtricks, you hereby expressly agree that Gtricks is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the Gtricks at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.

Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Gtricks regarding future functionality or features.

Intellectual Property
Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Gtricks (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (whether such rights are registered or unregistered, and wherever in the world those rights may exist) (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).

Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Service according to these Terms. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Service constitute trademarks, trade names, service marks or logos (“Marks”) of Gtricks or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities. To the extent indicated, any use of third party software provided in connection with the Service will be governed by such third parties’ licenses and not by these Terms of Service. Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Ownership & Privacy
As between You and Gtricks, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, « Your Content »). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant Gtricks the limited rights to use Your Content set forth in these Terms.

You agree that Gtricks may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by other Users with access rights to Your Content. You hereby grant Gtricks a non-exclusive, perpetual, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to access, use, reproduce, distribute, store, transmit, publicly display, and publicly perform Your Content as required for the purpose of providing the Service to you.

You understand and agree that Gtricks may, notwithstanding any provision of any separate nondisclosure agreement that may have been executed between You and Gtricks, distribute and disclose Your Content (a) to your Users, and (b) to Gtricks’s service providers who act on Gtricks’s behalf in providing the Service. Gtricks’s use of any personally identifiable information you provide through the Service is governed by our Privacy Policy. Your use of the Service indicates your acceptance of the terms of our Privacy Policy. You can review the most recent version of our Privacy Policy at : http://www.gtricks.com/privacy/

Confidentiality & Data security
All personally identifiable data that users may keep in files associated with this tool remains in the complete control of those users from a privacy perspective. Unless specifically stated, we store no personally identifiable information in any 3rd party database or file repository.

Your Conduct
You agree not to: (a) upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; (c) impersonate any person or entity, including, but not limited to, an Gtricks official or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (d) attempt, through any means, to gain unauthorized access to the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

Proprietary Rights Restrictions
All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by Gtricks or other parties that have licensed their material to Gtricks and is protected by copyright, trademark and/or other intellectual property laws. Gtricks disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either Gtricks or other third parties. You agree not to display or use such marks without written permission from Gtricks or the appropriate party. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Nothing on this Site shall be construed as conferring any license under any of the Gtricks or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

Links to other websites
If any link is offered connecting You to a third party web site, it is as an accommodation to You and to the respective third party site owner and is provided without charge. Sites linked to and from this Site are not necessarily under the control of Gtricks and We shall have no responsibilities or liabilities whatsoever for the content including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements set forth therein, or privacy practices of any such linked site or any link or linking program at any time. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.

Also see Disclaimer and Privacy policy.

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