Last updated: 2021-05-01
This is a legal agreement (hereafter „Agreement”) between you as Licensee (hereafter “you”, “subscriber”) and Graphite Note LTD (hereafter “Graphite”) as Licensor.
“Application”, or “App” refers to the Graphite software platform.
This agreement concerns the Graphite software, programs, technologies, documentation, and updates (hereafter together „software”, or “app”) made available to you by Graphite. Please read the following terms of use carefully.
By installing and using the software, you agree to be bounded by the terms of this document.
If you do not agree to the terms of this document, do not use the software.
Software Description, Service and Service Term
Graphite is an automated predictive analytics platform with a data storytelling capability.
It is helping business experts and engineers without a data science background to bring the power of machine learning to their data analysis.
Graphite connects to raw data and uses AI templates to automate the entire predictive process and provide answers to various business questions that can not be answered merely by querying the database. Those answers include time-series forecasting, customer segmentation, lifetime value and behavior prediction, churn analysis, and more...
The innovative thing about Graphite is that users can create a Data Story in a Notebook and easily share AI results with their team. That allows regular business people to understand possibly complex insights so they can apply them to business decisions.
The features and functionality of the App may be modified from time to time by Graphite at its discretion.
The Service is offered both as a free and a paid service. The paid Service is offered on a month-to-month basis and it automatically renews every month.
Termination for Cause
This Agreement may be terminated by you at any time by uninstalling the App.
Graphite may terminate this Agreement and/or suspend the provision of the Service immediately for illegal, fraudulent, excessive, or improper use of the Service; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure.
Confidentiality, Registration, and Passwords.
You agree to maintain the confidentiality of any and all of your login credentials. You are responsible for all actions taken with your login credentials and stored information. If you permit another person to have access to your login credentials, we will treat this as if you have authorized such use and you will be liable for all actions taken by those persons. You are wholly responsible for the use of your login credentials as provided in these Terms.
Service Limitations
- Graphite may alter which devices and browsers are approved as compatible with the App at its discretion from time to time.
- Graphite may perform maintenance on the App from time to time which may result in service interruptions, delays, or errors. We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we may contact you to assist you with the App Services and obtain the information needed to identify and fix any errors.
Limitations of Liability
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF THE SERVICE DESCRIBED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF GRAPHITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRAPHITE, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER GRAPHITE NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE. NEITHER GRAPHITE NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, GRAPHITE EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
License and provision of rights
This agreement gives you, your administrators, and your employees a non-exclusive and non-negotiable right to use the software. You are not eligible for sublicensing. All exceeding rights of the software are with Graphite and are explicitly reserved; in particular possible proprietorship and intellectual property rights.
Restriction of the license
You are not allowed – for whatever reason – to copy, lend, or rent software. Without limiting the previous regulation, you are not allowed to copy the software, or parts thereof, on a server or any other platform or distribute by other means. You may not reverse engineer, decompile, or disassemble the software.
Copyright
All titles and copyrights in the source code of the software made by Graphite and the accompanying online materials are owned by Graphite. The software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.
Intellectual property rights
All brands, logos company names, and intellectual property rights (hereafter „brands”) that are part of or are associated with the software are in the sole authority of disposing of Graphite. This agreement gives you no right to use the brands. All intellectual property rights of the software, in particular of the code, as well as all texts contained therein, are property of Graphite. Every non-authorized usage or utilization of the software contained or associated brands will be prosecuted.
The entirety of the agreement
This agreement constitutes together with the above-mentioned regulations the whole agreement between you and Graphite concerning the usage of the software and prevails all earlier agreements or other correspondence about the usage of the software.
Other
Data analyzed in the App can also be accessible from the user interface in the form of exported Excel and CSV data files, or image files (for graphs) in various formats.
All responsibility for extracted data from the user interface lies in the user who extracted the data. It becomes their responsibility for how they manage exported data. The same applies to automatic emailing reports.
If you have any questions or concerns regarding these Terms or our Apps, contact us at hello@graphite-note.com.
