TMetric Terms of Service
The following terms of service (the "Terms of Service") govern your use of the TMetric website located at https://tmetric.com (the "Site") and the TMetric web-based data integration service located at https://app.tmetric.com (the "Service"), both of which are operated by Devart S.R.O. ("Devart"). By using the Site and/or the Service, the user ("You") irrevocably, agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or the Service. If you are entering into these Terms of Service on behalf of an entity, you represent that you have the actual authority to bind such entity to these Terms of Service.
Devart expressly reserves the right to modify the Terms of Service at any time in its sole discretion, and without prior notice to you, by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service. Any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
2. Links to Third Party Sites
The Site contains links to third party web sites. You as a user of the Site or Service may gain access to third party sites on the Internet through hypertext or other computer links on the Site. These linked sites are not under the control of Devart, and Devart is not responsible for the contents of any linked site or any link contained in a linked site. Devart does not make any representation or warranty whatsoever about any third party site that may be linked to or from the Site or Service.
3. Users' Content
In the course of using the Service, you may provide information ("Content"), which may be used by Devart in connection with the Service. Devart claims no ownership or control over any content. You retain copyright and any other rights you already hold in the content, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the content on or through the Service you give Devart a perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Devart to provide you with the Service.
4. Site Availability
You acknowledge that 100% availability of the Site and Service is not technically feasible. However, Devart will make its best efforts to keep the Site and Service available in the most constant possible way. Due to special maintenance, security or capacity issues, and also to some events over which Devart may not influence (e.g., anomalies in public communication networks, electricity cut offs, etc.), Services provided by Devart may be temporarily suspended or affected by brief anomalies.
5. Proprietary Rights
You acknowledge and agree that Devart own all legal right, title and interest in and to the Service, including any intellectual property rights, which subsist in the Service.
Except as provided in Section 3, Devart acknowledges and agrees that it obtains no right, title or interest from you under these Terms of Service in or to any Content that you, submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content. Unless you have agreed otherwise in writing with Devart, you agree that you are responsible for protecting and enforcing those rights and that Devart has no obligation to do so on your behalf.
You shall not permit any third party to access the Services except as permitted herein or in an order form. You shall not reverse engineer the Site and/or the Service, or access the Site and/or the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form). You shall not use the Service in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Service.
7. Warranties and Disclaimers
Devart has no special relationship with or fiduciary duty to you. You acknowledge that Devart has no control over, and no duty to take any action regarding: which users gain access to the Site or Service; what Content you access via the Site or Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. Devart makes no representations concerning any Content contained in or accessed through the Site or Service, and Devart will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
ALL SITE INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND DEVART SPECIFICALLY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, IN NO EVENT WILL DEVART BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OTHER HYPERLINKED WEB SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. DEVART RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS SITE OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
DEVART SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT IFTTT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DEVART BE LIABLE TO YOU FOR ANY AMOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Devart reserves the right to charge fees ("Fees") for future use of or access to the Site or the Service. Some features of the Service may only be accessed and used upon the payment of applicable fees. Fees may vary depending on usage in accordance with our current pricing policy.
10. Release and Waiver
To the maximum extent permitted by applicable law, you hereby release and waive all claims against Devart, and its employees, or other partners from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Site or the Service.
11. Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of the Terms of Service, you and Devart shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of Devart, express or implied, and you shall not attempt to bind Devart to any contract.