This agreement covers the business relationship between Profitmetrics ApS , VAT: DK40286209, Hejreskov alle 2c 1th, 3050 Humlebæk, Denmark and the customer (“The Customer” or “you”). Profitmetrics.io is based in Denmark and this Terms and Conditions is subject to upon Danish Law.
The website profitmetrics.io, Application Programming Interface (“API”) and services delivered by Profitmetrics.io as described on the Profitmetrics.io website, together will be referred to as the “Service”.
By signing up for or by using the Service, you are agreeing to be bound by the terms and conditions set out on this page or document (the “Terms and Conditions”). You also acknowledge that you are acting as a business, as the Service is not offered to consumers.
You can review the most current version of the Terms and Conditions at any time at: https://Profitmetrics.io/terms.
Violation of any of the terms below will result in the termination of your Account. While Profitmetrics.io prohibits such conduct and Content on The Service, you understand and agree that Profitmetrics.io cannot be held responsible for the content posted by The Service. You agree to use The Service at your own risk.
A. Account terms
- Profitmetrics.io exclusively offers services to businesses.
- The following information is required to set up an account: Company name, address, country, VAT/Tax number, valid email address and phone number for the customer.
- Customers are notified of changes via email.
- Maintaining proper security surrounding system access is solely the customer’s responsibility. Profitmetrics.io accepts no responsibility for any damages occurring due to unsafe computing.
- The customer holds the exclusive responsibility for all activity and interaction with The Service undertaken with the customer’s account.
- Ensuring that The Service complies with local law is solely the responsibility of the customer. Profitmetrics.io does not accept liability for any violations of such laws. This includes, but is not limited to copyright infringements, data privacy etc.
B. Use of The Service
- Subject to these Terms and Conditions, Profitmetrics.io hereby grants Customer a non-exclusive and limited license to access and use the Service provided to Customer by Profitmetrics.io.
- Using the Service may require you to meet certain technical requirements as described on Profitmetrics.io’s website. It is your own responsibility to check whether these requirements are met. We recommend using the Free Trial to check whether the Service is compatible with your systems or to contact Profitmetrics.io’s support team before accepting these Terms and Conditions.
- You may not use The Service for other purposes than those which The Service is intended to without explicit written consent from Profitmetrics.io. That said, we love new ideas. If you have got any, please let us know.
- The customer is not allowed to cache, store or in any other way reuse results obtained from The Service.
- You must only use the Service for legitimate business purposes and as the service is intended to be used.
- You must not modify, adapt or hack The Service or modify another website so as to falsely imply that it is associated with The Service, Profitmetrics.io, or any other Profitmetrics.io service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of The Service, use of The Service, or access to The Service without the express written permission by Profitmetrics.io.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Profitmetrics.io customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of The Service, including your content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature
- Excessive frequent request to The Service may result in a temporary or permanent ban from The Service. Profitmetrics.io is in its sole discretion to determine abuse or excessive use.
C. Distribution, Payment, pricing and usage measurement
- The Service is billed on a monthly basis unless otherwise agreed upon.
- The Service is prepaid.
- The price and usage capacity is based on the customer’s chosen pricing plan as described here: https://profitmetrics.io/pricing.
- Exceeding the usage limit of the chosen pricing plan results in an additional billing, according to the amount of additional usage.
- Payment will always cover the entire payment period.
- Failure to meet payment grants Profitmetrics.io the right to terminate The Service at any time. Profitmetrics.io may choose to send reminders in accordance with Danish law.
- Profitmetrics.io reserves the right to change the billed price with a notice period of current month + 30 days.
D. Termination of The Service
- The customer is able to discontinue use of The Service at any time by just mailing us. It is always the customers responsibility to properly cancel their Account with Profitmetrics.io. Should the customer choose to discontinue use of The Service, no refunds will be given.
- Failure to comply with the Terms and Conditions may result in a permanent ban from The Service. The ban will be implemented once the customer has been notified via email.
- Profitmetrics.io reserves the right to terminate service to a customer with 30 days notice via email.
- After terminating use of the system no access will be granted to The Service, nor will it be possible to access the data.
- Upon termination, Profitmetrics.io is entitled (but not obligated) to permanently delete the Customer’s data after 14 days. The customer may at any time ask Profitmetrics.io to delete the Customer’s data.
E. Limitation of warranty and liability
- Your use of The Service is at your own sole risk. The Service is provided on an “as is” and “as available” basis.
- Profitmetrics.io does not warrant that (i) The Service will meet your specific requirements, (ii) The Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of The Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through The Service will meet your expectations, and (v) any errors in The Service will be corrected.
- Profitmetrics.io accepts no responsibility for (i) any data loss, which may occur as a consequence of using The Service; (ii) any loss of revenue, usage or any other intangible losses as a result of using The Service or third-party providers associated with Profitmetrics.io; and (iii) forces, which are beyond the direct control of Profitmetrics.io.
- You expressly understand and agree that Profitmetrics.io shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Profitmetrics.io has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use The Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from The Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on The Service; (v) or any other matter relating to The Service. The aforementioned limitation of liability does not apply where Profitmetrics.io has acted with gross negligence or intent. However, in any event, Profitmetrics.io’s total aggregate liability to the Customer shall be limited to the amount paid by the Customer to Profitmetrics.io the past 12 months.
F. General Conditions
- Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
- You understand that Profitmetrics.io uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run The Service.
- Profitmetrics.io is hereby granted a non-exclusive royalty-free licence to use and reproduce the Customer’s trademarks and quote on Profitmetrics.io’s website and marketing materials for the sole purpose of marketing the Service. The Customer can at any time recall this right by contacting Profitmetrics.io.
- The failure of Profitmetrics.io to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Profitmetrics.io and govern your use of The Service, superceding any prior agreements between you and Profitmetrics.io (including, but not limited to, any prior versions of the Terms and Conditions). You agree that these Terms and Conditions and Your use of The Service is governed under Danish law. The proper venue for any disputes arising out of or relating to these Terms and Conditions is The City Court of Copenhagen, Denmark.
- Profitmetrics.io has the right to update and change the Terms and Conditions from time to time. This includes the right to make changes, improvements and updating the Service, as well as removing features. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms and Conditions. Changes to these Terms and Conditions will be notified to the Customer, unless these are minor changes in features or improvements of the service. Continued use of and payment for The Service after any such changes shall constitute your acceptance of such update or change.
- Questions about the Terms and Conditions should be sent to [email protected].
When delivering the Service, The Customer will be acting as a controller and Profitmetrics.io will be acting as a processor in accordance with Article 28 of the General Data Protection Regulation (the GDPR). A Data Processing Agreement is therefore incorporated into these Terms of Service by reference and both The Customer and Profitmetrics.io must comply with the terms Data Processing Agreement. The most current version of the Data Processing Agreement can at any time be found at: Data Processing Agreement
