Terms of Use Madmetrics KPI by Keyade

Legal Information & Notices

Ownership of Madmetrics KPI by Keyade Connector; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Madmetrics KPI by Keyade Connector located at Keyade, and all associated Madmetrics KPI by Keyade Connectors linked to Keyade (collectively, the “Madmetrics KPI by Keyade Connectors”).

The Madmetrics KPI by Keyade Connector is the property of Keyade and its licensors. By using the Madmetrics KPI bu Keyade Connector, you agree to these terms of use; if you do no agree, do not use the Madmetrics KPI by Keyade Connector.

Keyade reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Madmetrics KPI by Keyade Connector following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Keyade grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Madmetrics KPI by Keyade Connector.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Madmetrics KPI by Keyade Connector is owned, controlled or licensed by or to Madmetrics KPI by Keyade, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Madmetrics KPI by Keyade Connector and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, connector or other medium for publication or distribution or for any commercial enterprise, without Keyade’s express prior written consent.

You may use information on Madmetrics KPI by Keyade products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Madmetrics KPI by Keyade for downloading from the Madmetrics KPI by Keyade Connector, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Madmetrics KPI by Keyade Connector

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Madmetrics KPI by Keyade Connector or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Madmetrics KPI by Keyade Connector or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Madmetrics KPI by Keyade Connector. Keyade reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Madmetrics KPI by Keyade Connector, or any other systems or networks connected to the Madmetrics KPI by Keyade Connector or to any Keyade server, or to any of the services offered on or through the Madmetrics KPI by Keyade Connector, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Madmetrics KPI by Keyade Connector or any network connected to the Madmetrics KPI by Keyade Connector, nor breach the security or authentication measures on the Madmetrics KPI by Keyade Connector or any network connected to the Madmetrics KPI by Keyade Connector. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Madmetrics KPI by Keyade Connector, or any other customer of Madmetrics KPI by Keyade, including any Keyade account not owned by you, to its source, or exploit the Madmetrics KPI by Keyade Connector or any service or information made available or offered by or through the Madmetrics KPI by Keyade Connector, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Madmetrics KPI by Keyade Connector.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Madmetrics KPI by Keyade Connector or Keyade’s systems or networks, or any systems or networks connected to the Madmetrics KPI by Keyade Connector or to Keyade.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Madmetrics KPI by Keyade Connector or any transaction being conducted on the Madmetrics KPI by Keyade Connector, or with any other person’s use of the Madmetrics KPI by Keyade Connector.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Keyade on or through the Madmetrics KPI by Keyade Connector or any service offered on or through the Madmetrics KPI by Keyade Connector. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Madmetrics KPI by Keyade Connector or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Keyade or others.

Accounts, Passwords and Security

Certain features or services offered on or through the Madmetrics KPI by Keyade Connector may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Keyade immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Keyade or any other user of or visitor to the Madmetrics KPI by Keyade Connector due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s password or account at any time without the express permission and consent of the holder of that password or account. Keyade cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Keyade’s Privacy Policy applies to use of this Madmetrics KPI by Keyade Connector, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Madmetrics KPI by Keyade Connector, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Madmetrics KPI by Keyade Connector may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Madmetrics KPI by Keyade Connectors and to the Madmetrics KPI by Keyade Connector

This Madmetrics KPI by Keyade Connector may contain links to other independent third-party Madmetrics KPI by Keyade Connectors (“Linked Madmetrics KPI by Keyade Connectors”). These Linked Madmetrics KPI by Keyade Connectors are provided solely as a convenience to our visitors. Such Linked Madmetrics KPI by Keyade Connectors are not under Madmetrics KPI by Keyade’s control, and Madmetrics KPI by Keyade is not responsible for and does not endorse the content of such Linked Madmetrics KPI by Keyade Connectors, including any information or materials contained on such Linked Madmetrics KPI by Keyade Connectors. You will need to make your own independent judgment regarding your interaction with these Linked Madmetrics KPI by Keyade Connectors.

Disclaimers

KEYADE DOES NOT PROMISE THAT THE MADMETRICS KPI BY KEYADE CONNECTOR OR ANY CONTENT, SERVICE OR FEATURE OF THE MADMETRICS KPI BY KEYADE CONNECTOR WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE MADMETRICS KPI BY KEYADE CONNECTOR WILL PROVIDE SPECIFIC RESULTS. THE MADMETRICS KPI BY KEYADE CONNECTOR AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE MADMETRICS KPI BY KEYADE CONNECTOR IS SUBJECT TO CHANGE WITHOUT NOTICE. KEYADE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE MADMETRICS KPI BY KEYADE CONNECTOR WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KEYADE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KEYADE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE MADMETRICS KPI BY KEYADE CONNECTOR AND/OR ANY MADMETRICS KPI BY KEYADE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE MADMETRICS KPI BY KEYADE CONNECTOR AND ANY LINKED MADMETRICS KPI BY KEYADE CONNECTORS. YOUR SOLE REMEDY AGAINST MADMETRICS KPI BY KEYADE FOR DISSATISFACTION WITH THE MADMETRICS KPI BY KEYADE CONNECTOR OR ANY CONTENT IS TO STOP USING THE MADMETRICS KPI BY KEYADE CONNECTOR OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Keyade reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Madmetrics KPI by Keyade Connector, or any portion of the Madmetrics KPI by Keyade Connector, for any reason; (2) to modify or change the Madmetrics KPI by Keyade Connector, or any portion of the Madmetrics KPI by Keyade Connector, and any applicable policies or terms; and (3) to interrupt the operation of the Madmetrics KPI by Keyade Connector, or any portion of the Madmetrics KPI by Keyade Connector, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Madmetrics KPI by Keyade be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Madmetrics KPI by Keyade has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Madmetrics KPI by Keyade is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Madmetrics KPI by Keyade Connector or any Content, Madmetrics KPI by Keyade’s liability shall in no event exceed the greater of US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Madmetrics KPI by Keyade, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Madmetrics KPI by Keyade by any third party due to or arising out of or in connection with your use of the Madmetrics KPI by Keyade Connector.

Violation of These Terms of Use

Madmetrics KPI by Keyade may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Madmetrics KPI by Keyade Connector, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Madmetrics KPI by Keyade’s rights or property, or the rights or property of visitors to or users of the Madmetrics KPI by Keyade Connector, including Madmetrics KPI by Keyade’s customers. Madmetrics KPI by Keyade reserves the right at all times to disclose any information that Madmetrics KPI by Keyade deems necessary to comply with any applicable law, regulation, legal process or governmental request. Madmetrics KPI by Keyade also may disclose your information when Madmetrics KPI by Keyade determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Madmetrics KPI by Keyade may preserve any transmittal or communication by you with Madmetrics KPI by Keyade through the Madmetrics KPI by Keyade Connector or any service offered on or through the Madmetrics KPI by Keyade Connector, and may also disclose such data if required to do so by law or Madmetrics KPI by Keyade determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Madmetrics KPI by Keyade, its employees, users of or visitors to the Madmetrics KPI by Keyade Connector, and the public.

You agree that Madmetrics KPI by Keyade may, in its sole discretion and without prior notice, terminate your access to the Madmetrics KPI by Keyade Connector and/or block your future access to the Madmetrics KPI by Keyade Connector if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Madmetrics KPI by Keyade Connector. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Madmetrics KPI by Keyade, for which monetary damages would be inadequate, and you consent to Madmetrics KPI by Keyade obtaining any injunctive or equitable relief that Madmetrics KPI by Keyade deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Madmetrics KPI by Keyade may have at law or in equity.

You agree that Madmetrics KPI by Keyade may, in its sole discretion and without prior notice, terminate your access to the Madmetrics KPI by Keyade Connector, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Madmetrics KPI by Keyade Connector or any service offered on or through the Madmetrics KPI by Keyade Connector, or (4) unexpected technical issues or problems.

If Madmetrics KPI by Keyade does take any legal action against you as a result of your violation of these Terms of Use, Madmetrics KPI by Keyade will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Madmetrics KPI by Keyade. You agree that Madmetrics KPI by Keyade will not be liable to you or to any third party for termination of your access to the Madmetrics KPI by Keyade Connector as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Madmetrics KPI by Keyade Connector, including all disputes, will be governed by the laws of France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the court of Paris, France, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Madmetrics KPI by Keyade and you arising out of or in connection with your use of the Madmetrics KPI by Keyade Connector, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Madmetrics KPI by Keyade administers and operates the Madmetrics KPI by Keyade Connector from its location in Paris, France. Although the Madmetrics KPI by Keyade Connector is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Madmetrics KPI by Keyade Connector are available to all persons or in all geographic locations, or appropriate or available for use outside France. Madmetrics KPI by Keyade reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Madmetrics KPI by Keyade Connector is void where prohibited. If you choose to access the Madmetrics KPI by Keyade Connector from outside France, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Madmetrics KPI by Keyade Connector, in violation of any applicable laws or regulations, including without limitation France export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Madmetrics KPI by Keyade with regard to your use of the Madmetrics KPI by Keyade Connector, and any and all other written or oral agreements or understandings previously existing between you and Madmetrics KPI by Keyade with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Madmetrics KPI by Keyade, Madmetrics KPI by Keyade will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Madmetrics KPI by Keyade’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Madmetrics KPI by Keyade of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Madmetrics KPI by Keyade and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this Madmetrics KPI by Keyade Connector shall be deemed to be non-confidential. Madmetrics KPI by Keyade shall be free to use such information on an unrestricted basis.

The information contained in this Madmetrics KPI by Keyade Connector is subject to change without notice.