Terms & Conditions
Your privacy is important to us.
Last updated: August 3, 2017
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using Revere Intelligences’s websites (www.reverehq.wpengine.com, app.reverehq.wpengine.com ) (the “Sites”) or using the Service (as defined below) operated by Revere Intelligence (“us”, “we”, “our” or “Revere”).
You may use the Service only if you can form a binding contract with Revere, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from creating an account for the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
If you are using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In the case, “you” and “your” refers to that Organization.
BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THESE TERMS. If you disagree with any part of the Terms, then you do not have permission to access the Service. In consideration of the foregoing, the parties agree as follows:
“Service” means the online platform offered by Revere via the Sites which allows you to create an account for access to the Service, as further described on the Sites. The Service allows you to collect, process, and store data from Source Accounts (as defined below) and to transmit collected and analyzed data, reports and notifications through Channel Accounts (as defined below).
“Your Account” means your password protected account for use of the Services and for billing in connection with such use. Your Account may be either (i) a “free” account with basic features; or (ii) a “pro” account with premium features which will require a paid subscription.
“Confidential Information” means any proprietary data and any other information disclosed by one party to the other in writing and marked “confidential” or disclosed orally and, within five business days, reduced to writing and marked “confidential”, or which otherwise should be reasonably known to be confidential given the nature of the information and the circumstances of its disclosure. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in the receiving party’s possession prior to disclosure by a party or which is independently developed by the receiving party without the use of Confidential Information.
“Source Account” means a third party platform from which data is collected, processed, and stored through the Service, such as Google AdWords, Optimizely, Google Analytics, Bing Ads, or Facebook Ads.
“Channel Account” means a third party platform (such as Slack or e-mail) through which you send collected and analyzed data, reports, and notifications.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Subject to these Terms, Revere hereby grants you a non-exclusive, limited, non-transferable, non-sublicensable and freely revocable license to (a) use the Service to collect data from Source Accounts, to process and store that data via Your Account in the Service, and to transmit data through Channel Accounts; and (b) remotely access, view and download your reports stored at https://app.reverehq.wpengine.com. Revere reserves all rights not expressly granted herein. Revere may terminate the license granted herein at any time for any reason or no reason.
By creating Your Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
- Subscriptions and Payment
Subject to Section 24, after an initial Free Trial (as defined below), if any, your use of the Service and your access to the data and information stored in Your Account requires a paid monthly subscription (“Subscription”). Your Subscription will automatically begin and the credit card you provided will be charged every month unless you cancel the Service before the expiration of a free trial period or the preceding Subscription month, as the case may be. You can cancel your Subscription at any time on Revere’s Billing Page or by contacting Revere’s customer success team using firstname.lastname@example.org email.
Until you cancel your Subscription, your Subscription will be renewed automatically every month and your credit card will be charged for each renewal at the end of each month. Prices are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount. All fees are payable in USD, unless otherwise stated. Except when required by law, paid Subscription fees are non-refundable.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Revere with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize Revere to charge all Subscription fees incurred through Your Account to any such payment instruments.
Should automatic billing fail to occur for any reason, Revere will notify you that payment is due within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Revere reserves the right to limit your access to the Service if payment is not received in full by the deadline.
We reserve the right to limit or “throttle” your usage of the Service at any time if we deem that it is excessive, abusive, designed to circumvent Service limitations, or otherwise to prevent harm to Revere or others. This could include, without limitation, limiting the number of API calls that you are permitted to make or data syncs that you may perform.
- Free Trial
Revere may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). Billing information is not required at the time of signing up for the Free Trial. You will be required to enter billing information before or at the end of the Free Trial period to continue to have access to Your Account once the Free Trial period expires. While in the Free Trial period, once billing information is entered the Free Trial will expire and the paid Subscription will begin immediately. At any time and without notice, Revere reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
- Free Plan
Revere may, at its sole discretion, offer a Subscription with free, ongoing access with limited features as described in the available subscription plans. At any time and without notice, Revere reserves the right to (i) modify the terms and conditions of the Free Plan offer, or (ii) cancel such Free Plan offer.
To register for the Service, you must complete the registration process by providing Revere with current, complete and accurate information as prompted by the registration form, including your e-mail address (username) and password. You will protect your passwords and take full responsibility for your own, and any third party, use of Your Account. You are solely responsible for any and all activities that occur under Your Account. You will notify Revere immediately upon learning of any unauthorized use of Your Account or any other breach of security.
You are responsible for maintaining the security of your Source Accounts and Channel Accounts (collectively, “Third Party Accounts”), including your usernames and passwords, and you are fully responsible for all activities that occur under your Third Party Accounts and any other actions taken in connection with such Third Party Accounts, whether by yourself or other users. You must immediately notify Revere of any unauthorized uses and users of your Source Accounts or Channel Accounts or any other breaches of security. Revere will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Revere is not responsible and will not be liable for any errors, acts or omissions that may result directly or indirectly from your use of a Third Party Account.
When you create Your Account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of Your Account on the Service.
You are responsible for maintaining the confidentiality of Your Account and your password, including but not limited to the restriction of access to your computer and/or Your Account. You agree to accept responsibility for any and all activities or actions that occur under Your Account and/or your password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your Account.
You may not use as an Organization name the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as an Organization name any name that is offensive, vulgar or obscene.
- Prohibited Activities
You agree not to engage, and not to allow others to engage, in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Revere servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) adapting, altering, modifying, decompiling, translating, making derivative works, disassembling, or reverse engineering the Service, including without limitation, the source code and any other underlying ideas or algorithms of the Service (except to the extent applicable laws specifically prohibit such restriction); (xix) transferring, sublicensing, loaning, selling, leasing, using for timesharing or service bureau purposes, or otherwise commercially using or exploiting the Service outside of the scope of the license granted herein; (xv) using the Site or Service in violation of any applicable regulation or law; (xvi) shipping, diverting, trans-shipping, transferring, exporting or re- exporting the Service or any component thereof into any country or use it in any manner prohibited by any export control laws, restrictions, or regulations administered by the U.S. Commerce Department’s Bureau of Export Administration, the U.S. Department of Treasury’s Office of Foreign Assets Control or any other applicable government agency, (xvii) using or attempting to use the Service for competitive analysis or benchmarking of the Service, or to develop a competitive service or directly compete with the Service; (xviii) storing or transferring any tortious, illegal or infringing materials, (xix) using or attempting to use the Service, or providing or attempting to provide us with any data, in violation of any third-party rights of any kind, including without limitation any privacy, intellectual property, confidentiality or contractual rights, (xx) removing any proprietary notices or labels on the Service; (xxi) using data labeled as belonging to a third party in the Service for purposes other than generating, viewing, and downloading reports, (xxii) using the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Revere; (xxiii) registering, attempting to register, or assisting anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Revere (or its wholly owned subsidiaries); or (xxiv) seeking, in a proceeding filed during the term of this Agreement or for one year after such term, an injunction of any portion of the Service based on patent infringement.
- User Data
General. The Services enable you to collect data (“User Data”) about how your customers and other users (“Users”) use and interact with your website, services and applications on which you have integrated the Service. We enable you to specify the User Data that you collect, and, at your direction, to pass that data into the Service, and to and from a Third Party Account. We may also store User Data in connection with the Service. We are not responsible for inspecting the User Data that we collect, and we collect such information automatically under your direction when providing the Service. You will not, and will not assist or permit any third party to, pass information to Revere that Revere could use or recognize as personally identifiable information.
Ownership. As between you and Revere, you shall retain all right, title and interest in and to the User Data. You acknowledge that we exercise no control whatsoever over the content of the information (including User Data) passing through Revere’s systems and networks in connection with providing the Service. You will be responsible for the accuracy, quality and legality of User Data and the means by which you acquired the User Data.
Non-Disclosure. We collect, store, and use User Data on Our servers to provide you with the Service. The Service transfers data to servers that store User Data in the U.S. and outside the U.S. We only share User Data as you direct and with others under special circumstances as follows:
With third parties who work on our behalf to provide you the Service (including, without limitation, maintenance, administration, support, payment, hosting and database management services). These third parties may have access to User Data only to perform these tasks on our behalf in accordance with this Agreement and are obligated not to disclose or use it for any other purpose;
To comply with laws or to respond to lawful requests and legal process;
For the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, consolidation, acquisition, reorganization or sale of assets or in the event of bankruptcy).
Protection of Data. We take commercially reasonable steps to safeguard User Data, provided, however that no security system is impenetrable. It may be possible for third parties to intercept or access User Data, and we cannot guarantee the security of such information and are not responsible for unauthorized access to Your Account or User Data.
Compliance; Consent. You agree to comply with all applicable privacy and data protection regulations. You agree to provide appropriate notices to Users about, and if required by applicable laws, obtain appropriate consent from Users for, your information collection and use practices relating to your use of the Services, and Your use of any Third Party Accounts that you instruct to send us data or to whom you instruct us to send User Data. You will not collect or provide us with any User Data (or have a third party do the same), nor request us to collect from, or forward any User Data to, any third party, or request (through the Service or directly) such third party to perform any processing or transmission, in violation of any law, regulation, or third party right, including without limitation intellectual property, privacy or contractual right. We will not be responsible for any act or omission of any Third Party Account, and you will indemnify and hold us harmless arising out of or related to their provision or use of the User Data.
No Sensitive Data. You, and any third party on Your behalf, shall not provide Revere with any data that is considered “sensitive personal data” under the EU Data Protection Directive 95/46/EC, or that is otherwise subject to heightened restrictions relating to the transmission or processing of data for the jurisdictions in which you and Revere operate. Examples of such restrictive frameworks include, but are not limited to, the Health Insurance Portability and Accountability Act, the Children’s Online Privacy Protection Act, and the standards promulgated by the PCI Security Standards Council. It is your responsibility at all times to ensure that the means of passing data to Revere, as well as the data itself, along with your directives that we pass this data on to Third Party Accounts, at all times comply with the laws, regulations and agreements to which you, the data, or Revere are subject. Revere does not provide any special processing or security measures to protect data that is subject to heightened restrictions relating to the transmission or processing of data for the jurisdictions in which you and Revere operate. If you upload such data into the Service, Revere shall have no liability relating to any such data.
Aggregate Data. In the performance of the Service, we are expressly authorized to collect general user data and report on the aggregate response rate and other aggregate measures of the Service’s use and performance, provided that all User Data is anonymized and no personally identifying information of you or your Users is revealed. In addition, we may monitor the use and performance of the Service for compliance with, and to enforce, the terms and conditions of this Agreement.
- Intellectual Property
The Service and its original content (excluding User Data provided by users) (the “Company Content”), features and functionality, and all Intellectual Property Rights related thereto, are and will remain the exclusive property of Revere and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Revere’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Revere. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Service or any Company Content. Use of the Service or Company Content for any purpose not expressly permitted by these Terms is strictly prohibited.
- Links to Other Web Sites
The Service may contain links to third party web sites or services that are not owned or controlled by Revere.
Revere has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Revere shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
- Your Use of Third Party Applications
You shall use no less than industry standard security measures with respect to your access and use of the Services and Sites. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, hardware, server, software, operating system, networking, communication services, web and hosted services and platforms, and any platforms, networks, services and/or websites where it distributes and runs its services and applications, including but not limited to, Third Party Accounts and all third party products and service providers that you request Revere to supply with data, or from whom you provide Revere with data. You shall be responsible for compliance with your own and all terms of service and privacy policies with respect to Third Party Accounts. Without limiting the foregoing, You agree to comply with third party terms of service and privacy policies for all Third Party Accounts. We are not responsible for any act or omissions of any Third Party Account. You shall also be responsible for maintaining the security of Third Party Accounts, and passwords (including, but not limited to, administrative and user passwords) and files, and for all uses of Third Party Accounts with or without your knowledge or consent. Further, if you use the Service on behalf of a third Party or a third party otherwise uses the Service through Your Account, whether or not you are authorized by Revere to do so, then you represent and warrant that (a) you are authorized to act on behalf of, and bind to this Agreement, the third party to all obligations that you have under this Agreement, (b) Revere may share with the third party any User Data that is specific to the third party’s Source Account, and (c) you will not disclose the third party’s data to any other party without the third party’s consent.
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Either party may terminate this Agreement at any time upon thirty (30) days’ notice to the other party. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, if continued use would have a material adverse effect on us or violate applicable law.
Effect of Termination. Upon any termination of this Agreement, Revere will stop providing, and You will stop accessing the Service; and You will revoke all authorizations to access Source Accounts and certify thereto in writing to Revere within 3 business days of such termination. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any outstanding balance for Service rendered through the date of termination will be immediately due and payable in full and (c) all of Your historical report data will no longer be available to You. It is your responsibility to remove our ability to access your Channel Accounts and Source Accounts upon termination.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DCMA Compliance. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Revere has adopted a policy of terminating, in appropriate circumstances and at Revere’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Neither party will use or disclose the other party’s Confidential Information without the other’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will (to the extent permitted by applicable law) give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Each party will maintain all Confidential Information in strict confidence and will not disclose Confidential Information to any third party. Neither party will use Confidential Information, except as necessary for its performance of this Agreement. The parties agree that any material breach of this Section (Confidentiality) will cause irreparable injury and that injunctive relief in a court of competent jurisdiction will be appropriate to prevent an initial or continuing breach of this Section in additional to any other relief to which a party may be entitled.
You agree to defend, indemnify and hold harmless Revere and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) your breach of these Terms, c) User Data, (d) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; or (e) your violation of any applicable law, rule or regulation.
- Limitation of Liability
In no event shall Revere, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Your sole and exclusive remedy for any dispute with Revere related to the Service shall be termination of the Service. In no event shall Revere’s total liability to you in respect of the Service exceed the fees paid by you for the Service during the six (6) months prior to the event giving rise to the claim.
Your use of the Service is at your sole discretion and risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Revere and its subsidiaries, affiliates and licensors do not warrant that the Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted.
Revere and its subsidiaries, affiliates, and licensors do not warrant that a) the Service willbe secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
- Trademarks; Marketing
By using the Service, you hereby grant Revere the right to include your name or logo on Revere’s Site or other marketing and promotional efforts.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Revere without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. The parties further submit to the exclusive jurisdiction of the courts of the county of San Francisco in the State of California for any litigation arising out of these Terms.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
- Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.