24metrics / Integr8

This Services Agreement, together with any pricing statements and other agreements (collectively the "Agreement"), applies to and governs your use of the services and serves as the agreement between 24metrics GmbH, a Berlin corporation also doing business as Integr8 ("We," "Us," or "Our") and You ("You" or "Your"). You and We are each a "Party" and collectively referred to herein as the "Parties." This Agreement is effective as of the date you activate your account ("Account Start Date"). By signing a Pricing Statement to accompany this Agreement, by electronic signature or otherwise, or by accessing or using Our Services, you agree to be bound by this Agreement and all terms incorporated by reference. Questions about this Agreement may be directed to: support@24metrics.com.

Subject of Contract

The client sends data to the provider for data analysis. The provider analyses this data using the provider's own algorithm to store and present the client's data. The provided data will be stored / used to identify abnormal traffic to decrease costs for unwanted marketing activities. A technical integration needs to be done on client side according to the technical instructions provided by the provider.

Free Trial Offer

The Provider offers the client a free trial (30 days) of the platform. The client agrees that the free trial ends automatically after 30 days and converts into the regular subscription if not cancelled prior. Volume above the included conversions are billed at the respective rate listed on our website or in individual contract.

1. Definitions

Capitalized terms used in this Agreement are defined herein and incorporated by reference into the Pricing Statements. "Billing Practices" has the meaning set forth in Section 4.1. "Data" refers to all information that You collect or ask Us to measure and/or attribute through the Services. "Personal Data" refers to Data that is linked to an individual's device and can specifically identify that individual.

2. Your Account

You assume sole responsibility for maintaining the confidentiality and security of the username and password used to manage Your account. You agree to assume sole responsibility for all activities that occur under Your account or via use of Your password.

3. License

We hereby grant You a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access, use and implement Our Services, Websites, Platforms and Materials (collectively, the "User Licences") subject to the terms of this Agreement. The User Licences do not include or authorise any resale or commercial use of Our Materials therein.

4. Billing Practices and Payment

You authorise us to provide and bill for your use of the platforms and services, and such invoices shall be sent by email. All service fees are payable according to this agreement. You are responsible for any fees associated with sending a wire transfer and for any costs or indebtedness resulting from currency exchange. Payment is due upon receipt unless stated otherwise in a Pricing Statement.

Provider's products and services are billed on a subscription basis. The subscription is billed in advance, while usage is billed in arrears. All cancellation requests must be received prior to the following month's bill being issued. We bill in whole-month increments only.

5. Support

As part of the Services, You will have access to phone, email or chat support from Our support team. Absent special circumstances, all support will be provided in the English language.

6. Disclaimers

Except as expressly set forth herein, to the fullest extent of all applicable laws, the websites, the services and platforms are provided by us on an "as is" basis, and we disclaim all representations or warranties, expressed or implied, regarding the services, including any implied warranties of merchantability, fitness for a particular purpose or arising from course of dealing.

7. Representations and Warranties

You represent and warrant that, in the event You are collecting Data from end users directly, You have provided to such end users legally-sufficient notice and have obtained any legally-required informed consent regarding the collection, use and sharing of any such user Data.

8. Limitations and Liabilities

In no event shall You or We be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort or otherwise.

9. Indemnifications

We, at Our own expense, will defend, indemnify and hold You harmless against any losses, damages, liabilities arising out of any third party claim based upon an allegation that Our performance infringes on any rights of any third party or We have breached Our obligations hereunder. Likewise, You will defend, indemnify and hold Us harmless under the same terms.

10. Governing Law and Jurisdiction

This Agreement is governed by and construed in accordance with the laws of Berlin, Germany, without regard to principles of conflicts of laws.

11. Data Protection

The provider is compliant with the E.U. GDPR. User Data is stored only for the purpose of fraud detection where necessary and kept to a minimum where possible. For enquiries regarding our data protection please contact our data protection officer: Christina Pantelidou (christina@24metrics.com).

12. Data Retention

We will retain your data for 6 months in order to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at support@24metrics.com.

13. Suspension

We reserve the right to immediately suspend your use of the Services where We believe that You breached this Agreement or You or Your Partners are conducting commercial activities that are not fully compliant with all applicable laws and regulations.

14. Upgrade / Downgrade Policy

All customers have the ability to upgrade or downgrade their account at any time. Upon upgrading or downgrading, you agree to be charged for the difference between edition fees.

15. Termination

Upon termination, the User Licenses and any and all other licenses and rights granted to You will immediately cease and terminate. You are responsible for any outstanding balances. To prevent future billing, you must complete your cancellation before the first of the upcoming month. We do not provide refunds.

16. Cancellation

If not agreed otherwise, clients may cancel the service at any time. Cancellation requires written form by sending an email to support@24metrics.com or by cancelling within the application. Service costs accrued until the end of the current billing cycle are billed according to the applicable rate.

17. Miscellaneous

Neither Party will be liable for failure to perform caused by acts of God, fires, explosions, telecommunications failure, storms, national emergencies, riots, wars, strikes or other labor difficulties. You acknowledge that by submitting an electronic signature, you are entering into a legally binding contract. If any provision is held to be invalid, such determination shall not affect the validity of the remaining provisions.