• Petametrics Website Privacy Notice
  • LiftIgniter Service Privacy Notice
  • Petametrics Terms of Service

Petametrics Website Privacy Notice

Last Updated: February 19, 2015

Petametrics, Inc. (“Petametrics”, “we” or “us,” dba LiftIgniter) helps online businesses (our “Clients”) personalize and customize content. In doing so, we collect information about how Internet users (“Users”) interact with our Clients’ digital properties such as their websites and mobile applications (their “Sites”). Our customization and personalization services (the “Service”) were developed using a privacy by design approach to help ensure that we adhere to applicable privacy law and standards. The following Petametrics Service Privacy Notice (“Service Privacy Notice”) outlines what information we collect via our Service, how we use and disclose it, and who to contact if you have questions. If you’d like more information about the privacy practices related to our Website, please visit our Website Privacy Notice by clicking the above tab.

We may revise this Website Privacy Notice from time to time. If we do so, we will update the “Last Updated” date above. Users should revisit this page to stay aware of any changes. Your continued use of our Website following the posting of changes to this Website Privacy Notice will mean you accept those changes. If we make any material changes to this Website Privacy Notice, we will post the updated version here and notify applicable Users by email or by means of a notice on our Website.

Petametrics Website

DATA COLLECTED VIA THE WEBSITE

Our Website is designed primarily for our Clients and prospective Clients to better understand the Service, and to register for the Service. The information we obtain via the Website includes:

  1. User-Provided Information: When a User registers to utilize the Service via the Website, we will ask them to provide personally identifiable information such as a first name, last name, and email address. Users may also choose to provide personally identifiable information to LiftIgniter such as mailing addresses or phone number, when they send an email to Petametrics, when they update the information previously provided to Petametrics, or at other times when they or access the Website.
  2. Automatically Collected Information: When Users access the Website, Petametrics will automatically record certain information about or related to their use of the Website that is made available through their computer or other device such as an IP address, information about their computer’s operating system, pages visited on the Website, information that may enable Petametrics to approximate the User’s location, web pages or sites that visited just before or just after visiting the Website, the pages or screens accessed via the Website, the dates and times Users access the Website, and other information about how the Website is utilized. This information is collected through the use of technologies such as standard log files, cookies, and web beacons.
  3. Cookies Information: One form of “automatically collected” information we may record is information stored by “cookies” which small text files placed onto your computer or device. When Users access the Website, Petametrics and our third-party analytics and site optimization partners may send one or more cookies to their respective computers or other devices. By using cookies with values that are unique, Petametrics may be able to uniquely identify a computer or device when a User visits the Website for analytics purposes or to help our Website function better. Petametrics may use both “session” and “persistent” cookies to collect, store, and sometimes track various types of information. A session cookie is one that is intended to disappear after a User closes their browser. A persistent cookie remains after a User closes his or her browser. For more information about cookies and web beacons, please visit http://www.allaboutcookies.org/.
  4. Web Beacons: A web beacon is a clear picture file used to keep track of a User’s navigation through a single website or a series of websites. Web beacons, which are sometimes referred to as “clear gifs,” are a fancy way of referring to web links that a computer, browser, device, or email program requests when loading a web page, html email, or similar web-connected content. When this request is made, the entity which controls the requested link (which would be Petametrics for links back to the Website) can determine if a User opened an email containing a web beacon or otherwise viewed particular content on the Website. Petametrics generally uses web beacons for analytics and other legitimate business purposes.

Use and disclosure of Data collected via the Website

Petametrics uses the information obtained via the Website to develop, support, maintain, enhance, and operate the Website, to analyze and develop our marketing and product strategies, to contact Clients and prospective Clients for marketing purposes, to help us develop new products and services, and for other administrative and operational purposes. Users may opt-out of receiving certain communications, but Petametrics reserves the right to continue to send Users certain communications, such as service announcements and administrative messages, without offering the opportunity to opt-out of receiving them.

Disclosure and Onward Transfer of Data

Except as otherwise disclosed in this Website Privacy Notice, we do not sell, distribute, or otherwise disclose any personally identifiable information collected via the Website to any third party, except to our agents and contractors that provide services to help us manage and provide the Website and/or Service.

Petametrics may disclose any information in our systems if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of other persons, entities, facilities, equipment or the Website. Petametrics may transfer information to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. If we are involved in a merger, acquisition, or sale of all or a portion of its assets, we will provide a prominent notice on our Website of any change in ownership or uses of information, as well as any choices we may offer regarding the information in our systems.

Security, Data Integrity

Petametrics has implemented reasonable physical, technical, and managerial safeguards in an effort to protect information from unauthorized access, disclosure, alteration, and destruction. These include firewalls and encryption, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. We restrict access to information to employees, contractors and agents who need to know that information in order to operate, develop or improve our Website. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations. Despite our efforts, however, we cannot and do not guarantee the security of the information we collect from either our Clients or Users; nor can we guarantee that such information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.

Access

Users may send requests to understand what personally identifiable information we have collected about them via this Website by emailing us at privacy@liftigniter.com.

Users Located Outside the U.S. and EU

We may store, analyze, and use information in the United States or any other country in which we or any of our third party service providers operate. To the extent that Users visit our Website from other regions of the world with privacy laws that differ from laws of the United States or other applicable jurisdictions, then those Users understand that they are transferring their information outside of those jurisdictions to the United States or other jurisdictions for the uses identified above in accordance with this Privacy Notice.

Information Relating to Children

We do not knowingly collect personally identifiable information from anyone under the age of 13 via this Website. If we are made aware that we have received personally identifiable information from someone under 13 via the Website, we will use reasonable efforts to remove that information from our records.

Contact Information

Please contact Petametrics with any questions or comments about this Privacy Notice or our collection, use, or disclosure of information by email at privacy@liftigniter.com. We will make every effort to resolve your concerns. Alternatively, you may contact us at the address below:

Petametrics, Inc. Attn: Privacy Officer 3030 16th St, Unit A San Francisco, CA 94103

Enforcement

We encourage interested persons to raise any concerns using the contact information provided below and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information.

LiftIgniter Service Privacy Notice

Last Updated: February 19, 2015 Petametrics, Inc. (“Petametrics”, “we” or “us,” dba LiftIgniter) helps online businesses (our “Clients”) personalize and customize content. In doing so, we collect information about how Internet users (“Users”) interact with our Clients’ digital properties such as their websites and mobile applications (their “Sites”). Our customization and personalization services (the “Service”) were developed using a privacy by design approach to help ensure that we adhere to applicable privacy law and standards. The following Petametrics Service Privacy Notice (“Service Privacy Notice”) outlines what information we collect via our Service, how we use and disclose it, and who to contact if you have questions. If you’d like more information about the privacy practices related to our Website, please visit our Website Privacy Notice by clicking the above tab.

We may revise this Service Privacy Notice from time to time. If we do so, we will update the “Last Updated” date above. Users should revisit this page to stay aware of any changes.

Data collected via the Service

The information collected via the Service Includes:

  1. Client-Provided Information: Our Clients may share information with us via an Application Programming Interface (“API”). The types of information they share generally includes information collected from the computers and similar devices operated by their Users visiting their Sites. For example, data we collect may include:
    • Device information. Device-specific information (such as hardware model, operating system version, unique device identifiers, and mobile information where applicable).
    • Site usage information. Such as the IP addresses of the device utilized by our Clients’ Users to visit their Sites, the pages viewed by their Users, the items viewed, time on pages, items placed in a shopping cart, and items purchased by those Users as well as other Site-specific metadata.
  2. Automatically Collected Information: Our Clients place JavaScript code onto their Sites that enables the Service to collect information from their Users automatically. Our Clients have control over the JavaScript tag and may remove or disable it at any time. The information collected automatically via the Service includes information about their Users’ computers and other devices, such as: clicks, time on pages, navigation paths, internet protocol address, the types and number fonts installed, the types and number of fonts, the types and number of plugins installed, MIME types supported, version strings for Windows Media Player, Flash, PDF, VLC, SVG, Real Player, Shockwave, Silverlight, Java and QuickTime. The Service also automatically collects information about the device’s screen width, height and color depth, the operating system in place on the device, the user agent, the local time zone, and DST time zone.
  3. Cookies and Web beacons: We use cookies and web beacons in connection with the Service. Cookies are small text files containing a string of alphanumeric characters. When a User accesses one of the Sites operated by our Clients, we may send one or more cookies to the User’s computer. By sending cookies with values that are unique to them, we may be able to uniquely identify a User’s computer or device in order to recognize the device when that User accesses any of the Sites utilizing our Service. We may use both “session” and “persistent” cookies to collect, store, and otherwise keep track of various types of information pursuant to providing the Service.
  4. Identification Technology and Cookies: We may employ different types of technology, including standard log files, cookies, web beacons, and other similar technologies to automatically log certain information about the configuration of Users’ computers, mobile devices and web browsers, inform us of referring URLs and otherwise inform us about Users’ visits to Sites. Much of the information we obtain via the Service, both from our Clients and directly from their Users, when combined, may enable us to uniquely identify those Users’ computers, devices and/or browsers when they access any Client Sites across the Internet. This means that even if a User were to disable cookies, we may still be able to identify that User’s web browser, computer or mobile device on the Internet when that User accesses any of their Sites that use our Service.

Use of Data Collected by the Service

Our Service collects and stores the raw data pertaining to Users as described above, (the “Raw Data”). We then use our proprietary analytics algorithms to analyze and process the Raw Data. Based on this analysis, we provide our Clients with personalized recommendations for that User at that point in time (“Personalized Recommendation”). Pursuant to providing the Service, we may combine and analyze data related to a User from multiple sources, including the data obtained across all or most of our Clients in order to compute a more comprehensive Personalized Recommendation. Except as provided in this Privacy Notice, we do not sell or disclose to third parties any of the Raw Data, or claim ownership of the Raw Data. We may allow our agents and contractors to assist us in storing, analyzing or processing information and ensure that their privacy and security practices are at least as stringent as ours.

We use Raw Data for our internal business purposes in operating, developing, enhancing, maintaining, supporting, and providing the Service and our other products and services, including to other Clients at that Clients discretion. All analytical results and Personalized Recommendations that we generate through or in connection with the Service using Raw Data, whether alone or in combination with data from other sources, are and will remain our property and may be used and disclosed by us in our discretion.

Disclosure and Onward Transfer of Data

Except as otherwise described in this Service Privacy Notice, we do not sell, distribute, or otherwise disclose any Raw Data to any third party, except to our agents and contractors that provide services to help us manage and provide the Service.

Petametrics may disclose any information in our systems if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of other persons, entities, facilities, equipment or the Service. Petametrics may transfer information to a successor entity in connection with a corporate merger, consolidation, sale of assets, bankruptcy, or other corporate change. If we are involved in a merger, acquisition, or sale of all or a portion of its assets, we will provide a prominent notice on our Website of any change in ownership or uses of information, as well as any choices we may offer regarding the information in our systems.

Security, Data Integrity

Petametrics has implemented reasonable physical, technical, and managerial safeguards in an effort to protect information from unauthorized access, disclosure, alteration, and destruction. These include firewalls and encryption, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems. We restrict access to information to employees, contractors and agents who need to know that information in order to operate, develop or improve our Service. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations. Despite our efforts, however, we cannot and do not guarantee the security of the information we collect from either our Clients or Users; nor can we guarantee that such information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use.

Choice Mechanism

You may send requests to understand what personally identifiable information we have on you by emailing us at privacy@liftigniter.com.

Policies of our Clients

Our Clients are responsible for ensuring and maintaining their compliance with their privacy policies and other applicable terms or policies, third party contracts, rights of privacy, and any other applicable laws or regulations in connection with their use of the Service. We encourage our Clients to describe their use of the Service and other technologies that collect user information in their respective privacy notices. Petametrics is not responsible for the privacy practices of our Clients or any site we do not own or control.

International Users

We may store, analyze, and use information in the United States or any other country in which we or any of our third party service providers operate. To the extent that Users encounter our Service from other regions of the world with privacy laws that differ from laws of the United States or other applicable jurisdictions, then those Users should understand that they are transferring their information outside of those jurisdictions to the United States or other jurisdictions for the uses identified above in accordance with this Privacy Notice.

Contact Information

Please contact Petamerics with any questions or comments about this Privacy Notice or our collection, use, or disclosure of information by email at privacy@liftigniter.com. We will make every effort to resolve your concerns. Alternatively, you may contact us at the address below:

Petametrics, Inc. Attn: Privacy Officer 3030 16th St, Suite A San Francisco, CA 94103

Enforcement

We encourage interested persons to raise any concerns using the contact information provided below and we will investigate and attempt to resolve any complaints and disputes regarding use and disclosure of information.

Petametrics Terms of Service

Last updated: February 19, 2015 PLEASE VERY CAREFULLY READ THESE TERMS AND CONDITIONS (INCLUDING REFERENCED MATERIALS) BEFORE REGISTERING FOR THE SERVICES. BEFORE CONNECTING YOUR WEBSITE WITH OR OTHERWISE ENABLING ANY OF THE FEATURES OF THE SERVICES, YOU MUST ENSURE THAT YOU ABIDE BY AND MAKE AVAILABLE AN APPROPRIATE PRIVACY POLICY THAT CLEARLY DISCLOSES YOUR USE OF THE SERVICES. THESE TERMS MAY BE MODIFIED OR OVERRIDDEN BY SEPARATE WRITTEN AND SIGNED AGREEMENT BETWEEN PETAMETRICS AND CLIENTS.

Thanks for your interest in our personalization services (the “Services”)!

By using our Services, you agree to comply with these terms and conditions (“Terms”). These Terms are a legal contract between you (either an individual or a legal entity that you represent as an authorized employee or agent) (“you” or “Licensee”) and Petametrics, Inc. (“Petametrics,” or “we”, dba LiftIgniter). BY CLICKING “I AGREE,” ACCESSING, BROWSING, REGISTERING FOR, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. Subject to your compliance with all terms and conditions herein, Petametrics grants you permission to use the Services as set forth in these Terms, until terminated in accordance with these Terms (such period the “Term”).

  1. DataBy accessing our Services, you represent that you have all necessary authority, permissions, and approvals to (a) connect each of the websites (the “Sites”) that you connect with the Services, and (b) register for and use the Services, including without limitation, providing and enabling Petametrics to collect all the information submitted or made available by you and the end users, customers, or other users or visitors to a Site (each an “End User”) in connection with the Services (the “Data”).
  2. Privacy and Compliance
    1. Your Privacy Policies. Each Site must include an appropriate clearly labelled and easily accessible privacy policy that (i) provides End Users with clear and comprehensive information about cookies, device-specific information, location information, and other information stored on, accessed on, or collected from End Users’ devices in connection with the Services, and (ii) includes, as applicable, information about End Users’ options for cookie management. You will use commercially reasonable efforts to ensure that an End User gives consent to the storing and accessing of cookies, device-specific information, location information, or other information on the End User’s device in connection with the Services, where such consent is required by law.
    2. Petametrics’s Service Privacy Notice. You will comply with all procedures required by Petametrics, including ensuring that your End Users are made aware of and agree to Petametrics’s data collection, use, and disclosure practices described in Petametrics’s Service Privacy Notice, available at https://liftigniter.com/privacy, which Petametrics may update from time to time as provided therein.
  3. Registration
    1. Username and Password. Certain features of the Services may require registering for and being signed into an account. You are solely responsible for maintaining the confidentiality of your account access credentials (user name, password, etc.) and API keys. If you suspect or have reason to believe that your account or API keys are no longer secure, you must immediately notify Petametrics. You are liable for any losses incurred as a result of any unauthorized use of your account for the Services.
    2. Accuracy. Please keep your contact information up to date so Petametrics can ensure you receive timely notices that may be important to you and your continued use of the Services. You must provide and maintain true, accurate, and complete information as requested by Petametrics in connection with your registration for and use of the Services. Petametrics will have no liability for failure to deliver notices that result from inaccurate, incomplete, or out of date account information.
  4. The Services
    1. Your Rights to the Services. Subject to your continued compliance with these Terms, including your payment of any and all applicable fees, Petametrics grants you permission during the Term to access and use the Services solely for your internal business purpose of analyzing End User activity and making decisions related to End User transactions. You acknowledge and understand that we do not give any assurances that any particular activity or transaction does or does not constitute fraud or misuse of the Site.
    2. Implementation. You agree to implement the Services on each Site in accordance with any documentation or instructions provided by Petametrics, and to ensure that the Services, including the API, are implemented in compliance with all requirements from Petametrics. You are solely responsible for all engineering resources required for such implementation. Where applicable: API License Grant to You. Subject to your compliance with these Terms and solely during the Term, Petametrics hereby grants you a non-exclusive, worldwide, non-transferable, non-sublicensable license to make calls from each Site to the API solely using the API key issued to you, and solely to enable data interchange between each Site and the Services.
  5. General Prohibitions You agree not to, and the rights granted under this agreement, including any licenses, are provided subject to the condition that you agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with your (or their) use of or access to the Services:
    1. Use any information, analytics, or information made available to you through the Services for any purpose other than for personalization;
    2. Fail to protect any API key, password, or other access credentials issued to you by Petametrics from third party access or use;
    3. Circumvent or attempt to circumvent any access or use restrictions, data encryption, or content protection related to the Services, including accessing any undocumented API or access or use of any API other than in strict compliance with the Documentation;
    4. Copy, modify or distribute the computer code used to generate personalization on the Services, except to the extent such restriction is impermissible under applicable Law;
    5. Access, tamper with, or use non-public areas of the Services, Petametrics’s computer systems, or the technical delivery systems of Petametrics’s providers;
    6. Probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
    7. Access or search the Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Petametrics or other generally available third party web browsers;
    8. Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or promotions or advertisements for products or services, including without limitation those which are designed to promote, directly or indirectly, a product or Services with which you have a business relationship or other commercial connection;
    9. In any way use the Services to send altered, deceptive or false source-identifying information; Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, except to the extent such restriction is impermissible under applicable Law;
    10. Benchmark, test capacity or limitations of, interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Service;
    11. Use the Services in violation of Petametrics’s or any third party’s intellectual property or other proprietary or legal rights; or
    12. Use the Services in violation of any applicable Law.
  6. Data and Analytics
    1. Ownership, License to, and use of Data. All Data is, as between you and Petametrics, and your propert(ies). You hereby grant to Petametrics and its successors and assigns a worldwide, nonexclusive, royalty free, fully paid, transferable, sublicensable, perpetual, irrevocable license to copy, use, reproduce, access, modify, compile, analyze, and create derivative works of the Data in connection with operating the Services, both for you and Petametrics’s other customers, subject to the confidentiality provisions of these Terms. You represent and warrant that Petametrics’s use of the Data in connection with the Services complies with each of your Sites’ privacy policies, and will not violate any applicable Laws, your agreements with third parties, or any other applicable privacy policies. Upon 180 days’ prior written notice from you to Petametrics, Petametrics will use commercially reasonable efforts to delete the raw Data provided by you to Petametrics during a specified time period, but excluding any analysis or derivative data thereof. At no time will Petametrics be obligated to send the Data to you.
    2. Ownership of Analytical Results and the Services. You acknowledge and agree that all results or analyses generated by Petametrics through or in connection with the use of Data, whether alone or in combination with data from other sources (the “Analytical Results”) are and will be owned by Petametrics. Petametrics agrees not to distribute or publish any Analytical Results, or any Data contained therein or upon which such Analytical Results are based, in a manner that renders you readily ascertainable as a source of such Analytical Results, except as specifically authorized by you. For any Analytical Results that are provided to you as part of the Services, Petametrics hereby grants to you a limited, non-exclusive right and license to use the Analytical Results for your own internal business purposes (excluding any use of such Analytical Results on behalf of any third party or in any service bureau activity or capacity).
    3. Rights to the Services. Your rights with respect to the Services are limited to those rights expressly granted in these Terms. You acknowledge and agree that Petametrics and its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein. The Services are protected by copyright, trademark, trade secret, and other laws of both the United States and other countries. Except as expressly permitted in these Terms, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Services, including without limitation any information provided through the Services. Except for licenses and other rights expressly granted in these Terms, each party retains all right, title and interest in and to text, graphic images or any other images, trade names, and trademarks, their systems, software and other intellectual property (“Intellectual Property”), and these Terms shall not be otherwise construed to restrict, impair, transfer, convey or otherwise deprive the providing party of any of its rights or proprietary interests thereof.
  7. Fees and Payment Petametrics charges fees for our Services. We will invoice you monthly, and you must pay within 30 days of the date of the invoice. If we do not receive payment of an invoice within 30 days, we may suspend your access to the Services. All payments must be in U.S. dollars, and you are responsible for all applicable taxes or other governmental charges. Petametrics may modify its fees, and any such modification will apply beginning in the month following publication or other notice of the change.
  8. FeedbackIf you provide feedback to Petametrics concerning the functionality and performance of the Services or Petametrics’s business (“Feedback”), you hereby grant to Petametrics and its successors and assigns an unlimited, worldwide, nonexclusive, royalty free, fully paid, transferable, sublicensable license to reproduce, disclose, sublicense, distribute, modify and otherwise use such Feedback without restriction.
  9. Confidentiality You and Petametrics acknowledge that Petametrics may have access to Data submitted or made available by you, and that you may have access to valuable and proprietary information, including information relating to the Services, passwords, API Keys, and Petametrics’s technology, systems, methodologies, software, business, customers, pricing, and other non-public information (together with Data, “Confidential Information”). Confidential Information excludes any information which (i) is or was publicly known and made generally available in the public domain through no action or inaction of the receiving party; (ii) is already in the possession of the receiving party at the time of disclosure by the disclosing party, and if received by the receiving party from a third party, without a breach of such third party’s obligations of confidentiality; or (iii) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. Both parties agree not to use or disclose the other party’s Confidential Information for any purpose not expressly authorized by these Terms, except (i) when compelled under applicable Law, after providing prior written notice to the disclosing party (if permitted by applicable Law), or (ii) to a third party providing services to the receiving party and pursuant to written obligations of confidentiality no less protective of the Confidential Information than these Terms . Either party may seek an injunction to prevent any breach or continued breach of this Confidentiality section, in addition to any other remedies that may be available at law or at equity.
  10. PrivacyPetametrics’s Client Privacy Policy (available at https://liftigniter.com/privacy is hereby incorporated into these Terms by reference. By accepting these Terms, you confirm that you have read, understood and accepted this policy.
  11. Term and TerminationIf you violate these Terms, your permission to use the Services will automatically terminate. You also agree that Petametrics may at any time, and without notice to you, terminate your right to access and use all or any part of the Services, and any account(s) you may have in connection with the Services for any reason or no reason at all. Petametrics will have no liability whatsoever for and may at any time change, modify, update, remove, or add features to the Services or suspend or revoke your access to or use of all or part of the Services. You may terminate these Terms and your account at any time by contacting customer service at support@Petametricsscience.com; however, any termination of these Terms will not relieve you of any current or future obligation to pay any fees or other costs owed by you to Petametrics under these Terms. The provisions of Sections 7-11, 13, and 15-17 will survive termination, except that all license rights granted by Petametrics to you under these Terms do not survive termination.
  12. Notifications; Modification of Terms Petametrics may modify these Terms and/or its Client Privacy Policy at any time by publishing the modified version or by emailing you a copy. Please check these Terms periodically for changes. By continuing to access or use the Services after Petametrics has published or emailed any such modifications, you agree to be bound by the modified Terms and Client Privacy Policy (as applicable), but solely on a going forward basis. Material changes to these Terms will become effective, on a going forward basis, thirty (30) days after they are published or emailed to you.
  13. Indemnity
    1. Your indemnity. You will defend (if requested by Petametrics) and indemnify and hold harmless Petametrics, its affiliates and licensors, and each of their respective employees, officers, directors, consultants, affiliates, subsidiaries, agents and contractors (collectively, the “Petametrics Entities”) from and against any and all damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from any actual or threatened claim, demand, proceeding, audit, inquiry, or investigation by any person or entity (including without limitation any U.S. or other governmental body or agency) related to (a) your actual or alleged access to or use of the Services (including all activities under your account), (b) your breach or noncompliance with these Terms, applicable Laws, and your obligations to any third parties, (c) your failure to provide sufficient notice to or obtain necessary consent from any third party in connection with your use of the Services and configuration and integration with the APIs in order to make Data available to Petametrics, and (d) your violation, misappropriation, or infringement of any third party right, including without limitation, any intellectual property, moral, publicity, confidentiality, property, or privacy right.
    2. Procedure for Indemnification. The indemnifying party will not settle any indemnified matter that requires any admission of wrongdoing or any obligation other than the payment of money that is your obligation to pay without the indemnified party’s prior written consent. The indemnified party reserves the right, at the indemnified party’s own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party, and in such case, the indemnifying party agrees to cooperate with the indemnified party’s defense of such claim.
  14. The Services are Provided “AS-IS” THE SERVICES AND ANY DATA, FRAUD SCORES, AND ANALYTICAL RESULTS ARE PROVIDED “AS IS” ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. DATA AND ANALYTICAL RESULTS MAY BE DAMAGED OR LOST IN CONNECTION WITH USE OF THE SERVICES, AND Petametrics EXPRESSLY DISCLAIMS THE ACCURACY OF ANY RISK SCORES OR OTHER ANALYTICAL RESULTS PROVIDED THROUGH THE SERVICES, OR ANY PARTICULAR RESULT OF THE USE OF THE SERVICES, INCLUDING ANY ENHANCED ABILITY TO PREVENT OR ADDRESS FRAUDULENT ACTIVITY ON ANY SITE. Petametrics EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND ACCURACY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE.
  15. Limitation of Liability THE TOTAL LIABILITY OF THE PETAMETRICS ENTITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO Petametrics HEREUNDER DURING THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. IN NO EVENT WILL THE Petametrics ENTITIES HAVE LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATIONS, LOSS OF PROFITS OR USE), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES, SUCH AS WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE.
  16. Applicable Laws and Dispute ResolutionPetametrics operates the Services from Petametrics’s offices in the State of California, and your access or use of any aspect of the Services from or in any territory where it is illegal is prohibited. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies or other entities located in the United States.
    1. Governing Law. These Terms are governed in all respects by the laws of the State of California without reference to conflict of law provisions. You agree that any claim or dispute you may have against Petametrics will be exclusively resolved by a court located in Santa Clara County, California and you agree to and hereby submit to the personal and exclusive jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
    2. Time Limitation. Unless otherwise required by Law, an action or proceeding by you relating to any Claim must commence within one year after the cause of action accrues.
  17. General
    1. Entire Agreement. These Terms, together with the Client Privacy Policy are the entire and exclusive understanding between you and Petametrics relating to the subject matter hereof, and supersede any and all prior agreements and understandings between the parties, whether oral or in writing (including without limitation any separately executed confidentiality agreement).
    2. Assignment. You may not assign these Terms, directly or indirectly, by operation of law, merger, change of control, or otherwise, without the prior written consent of Petametrics. Any assignment in violation of this section shall be null and void. Petametrics may assign this agreement without restriction. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successor and permitted assigns.
    3. Waiver, severability, force majeure, and headings. The waiver by either party of any default or breach of these Terms will not constitute a waiver of any other or subsequent default or breach. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither party will be liable to the other on account of any loss or damage resulting from any failure or delay to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by circumstances beyond the control and without negligence of the other party. Headings are used in these Terms for reference only and will not be considered when interpreting these Terms.
    4. Independent contractors. The relationship between the parties will be that of independent contractors, and these Terms will not create or be deemed to create any agency, partnership, or joint venture between the parties.
    5. Age and prior suspension. By enrolling in the Services, you represent that (a) if you are acting as an individual, you are at least 18 years of age, and (b) you or any individual acting on behalf of you has not previously been suspended or removed from the Services by Petametrics
    6. Compliance with Laws. You will comply with all applicable local, state, national, and international laws, rules and regulations, including, without limitation, those governing the collection, transmission, processing, and disclosure of personal information (altogether, “Laws”) in your use of and integration with the Services and the performance of your obligations under these Terms. If at any time you are unable to comply with any Law or the other obligations set forth in these Terms, you must immediately (a) disable all API connections between each Site and the Services, (b) notify Petametrics in writing of your inability to comply with these requirements, and (c) suspend all use of the Services until such time that you are able to comply with Laws and all other obligations set forth in these Terms.
  18. Contact InformationIf you have any questions regarding these Terms or the Services, please contact Petametrics at support@liftigniter.com.