Terms of Service
The following are the Terms of Service (the "Agreement") that will govern the relationship between Overstat, Inc., and the individual ("You" or "Your") using the information, tools and functionality located on the Overstat website or provided by Overstat (together the "Service"). To use the Service You must read this Agreement and indicate Your acceptance during the Registration process. By using the Service, You represent that You have read this Agreement and You are agreeing to be bound by it, and have the capacity to be bound by it or if You are acting on behalf of a company or entity that You have the authority to bind such entity. You may not use the Service and You may not accept this Agreement if You are not of a legal age to form a binding contract; in particular, pursuant to the US Children's Online Privacy Protection Act ("COPPA"), we require that You be at least 13 years old to use the Service in the USA.
1. DESCRIPTION OF SERVICE AND LIMITATIONS:
The Service is only open to people not currently employed by or working with a competitive company. This means that in order to use the service You expressly warrant that You do not work for or contract (or intend to work for or contract with) a company that sells or markets any product or service that provides Web Analytics, Visitor Analytics or similar capabilities to the Service; and furthermore that You are not and will not be using the Service with the intent to reveal the capabilities or features of the Service to such a company. In the event that You breach these conditions this Agreement will be immediately terminated.
You understand that Overstat technology and the method of displaying data is Patent Pending and will not attempt to duplicate the technology.
You agree that all right, title and interest in and to the Service and all technology used by Overstat in providing the Service (including without limitation any software) ("Technology"), and all related intellectual property rights, are owned solely by Overstat and its suppliers. You further agree that all right, title and interest in and to any modifications or enhancements to the Service or Technology (including modifications or enhancements that are based in whole or in part on feedback, concepts or ideas that You provide to Overstat), and all related intellectual property rights, shall be owned solely by Overstat.
You agree to not reverse engineer, de-compile, modify, create derivative works of, or otherwise copy the Technology.
Overstat will assign to You an account number (the "Account Number").
Overstat will not share any personal or specific information provided or collected to any person, company or entity without Your express permission, except as needed to comply with legal requirements or directives from a court or legitimate law enforcement agency.
Overstat will take all commercially reasonable steps necessary to keep Your data confidential and secure.
You will associate the Account Number with one or more Website(s) that belongs to You (Your "Website Address"), the cost of which You will continue to pay independently of this Agreement.
You will not share Your Account Number with other websites, people, companies or entities; The Code Snippet assigned to You is for use on Your site(s) only. Use of this Code Snippet on other un-registered domains will terminate this Agreement.
You agree to install the Code Snippet onto Your website within a reasonable amount of time; Failure to install the Overstat Code Snippet on Your Website within sixty (60) days of it being sent to You will terminate this Agreement.
Overstat will not sell or give Your personal information to anyone, including Your email address, however we will use that address to communicate with You directly. Failure to provide or maintain an accurate email address that belongs to You and is in service will terminate this Agreement.
You must provide and keep a valid email address on file with Overstat and You must remain "opted in" to any email service used by Overstat to remain in communication with You. Failure to maintain a valid email address, or opting out of email communication with Overstat will terminate this Agreement.
You will be able to request assistance with installing or using the Service, either via email or the Overstat website. Overstat will make every effort to respond to such requests in a prompt, accurate and timely manner, but makes no guarantees of service or performance in doing so.
Although Overstat will make every reasonable effort to ensure the quality of the Service, You understand and acknowledge that the Service may contain bugs and other defects, and as a result of the forgoing, YOU AGREE THAT THE SERVICE IS BEING PROVIDED TO YOU AS-IS AND WITHOUT WARRANTY OF ANY KIND (INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES SUCH AS A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND OVERSTAT DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU FURTHER AGREE THAT OVERSTAT SHALL HAVE NO LIABILITY TO YOU FOR ANY HARM OR DAMAGES WHICH YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER ARISING UNDER BREACH OF CONTRACT OR NEGLIGENCE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
You agree to binding arbitration with the San Francisco branch of JAMS in the event of a dispute arising out of or relating to this Agreement or Your use of the Service. This Agreement shall be governed by the laws of the State of California.
2. DATA:
You understand that Overstat is recording visitor usage data on their servers as sent from the Website Address You provided. You understand that this data may be completely erased after a certain period of time, depending on the specified terms of the particular version of the Service that You are using. You may if You wish elect to purchase additional storage time for Your data at the then prevailing rates commonly made available to other similar users.
Overstat is not responsible for any deleted, archived or otherwise un-retrievable Customer data.
Overstat will take commercially reasonable measures to ensure Customer Data is not lost during system upgrades or changes to the system but Overstat cannot guarantee that such changes will not cause some or all of customer’s data to be lost permanently.
3. BILLING AND PAYMENT:
Overstat will continue to bill You automatically every month, quarter or year in advance, according to Your chosen service plan and billing cycle, or immediately on cancelation of the Service for any unbilled amounts or other fees that are due. You may change the duration of Your billing cycle at any time on our website or by emailing us, the amount You will be charged at the next billing cycle may change to reflect the then prevailing rates commonly made available to other similar users of the Service, pro-rated from the date of the change.
When You subscribe to our Service, You must give us a valid email address and an acceptable payment method. We reserve the right to stop accepting Your payment method or Your payments. You must advise us immediately if Your payment method expires, You close Your account, Your name, billing address or email address change, or Your payment method is cancelled or expires for any reason.
Overstat currently accepts payments by a valid credit card in US dollars. Payment for the Service must always be made in advance unless an Authorized Credit Account has previously been established with Overstat, subject to credit approval and at our sole discretion. If You have an Authorized Credit Account, Overstat will invoice You either quarterly or annually on 30 day net terms, and You may pay by credit card or company check drawn on a US bank.
To create an Authorized Credit Account on behalf of a business, registered non-profit or similar legally recognized entity, please contact us and provide Your organization’s EIN (for US based entities) and three valid credit references, one of which must be Your bank or a similar financial institution. We may also require a valid purchase order from You before the Service is activated.
If You choose to pay for the Service with a credit card and the card is declined for any reason we will contact You via the registered email address for the account and ask You to update Your billing information and provide an acceptable alternative form of payment. If You fail to make payment in full within thirty (30) days of the original billing date for any reason whatsoever we reserve the right to suspend Your Service immediately and delete Your data at our discretion.
If we suspend Your service for non-payment, You will remain liable to us for all charges under this agreement and all the costs we incur to collect these charges, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
If You have set up an Authorized Credit Account with Overstat and You fail to pay any invoice promptly by its due date, Overstat will charge You an additional 5% of the original invoiced amount every thirty (30) days until full payment for the invoice is received by Overstat.
If You make a check payment that is not honored by Your bank for any reason, a returned check fee of $35 will be assessed on Your next billing cycle.
4. PRIVACY AND SECURITY:
PRIVACY: Please read the Privacy Policy published on our website to understand how Overstat will handle your personal information and protect your privacy when you use the Service. You agree to the use of your data in accordance with this Privacy Policy.
SECURITY: You are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. If you become aware of any unauthorized use of your password or your account, you should notify us immediately via email.
Overstat will take commercially reasonable measures to ensure that your data and user account information (including passwords) is protected at all times, however Overstat cannot be held liable for third party access to your account caused by Your negligence.
5. TERMINATION AND CHANGE:
You understand that the Service is constantly being changed and improved, and as a result many aspects of the Service may change. You also understand that Overstat is under no obligation to provide or continue to provide any specific feature or capability of the Service in any specific form. In the event that a specific existing feature or capability is removed from the Service Overstat shall make every reasonable effort to provide functionally similar or superior features or capabilities to replace it.
Overstat may change the terms of this Agreement at any time and will optionally provide You with email notice of any such changes.
Either party may terminate this Agreement at any time by providing seven (7) days’ written notice to the other party.
Upon termination of this Agreement for any reason all terms and conditions herein, other than those granting You the right to use the Service, shall continue in full force and effect.