Terms of Service

By using the service on experiment.ly (the "Service") provided by Experimently, LLC, ("Company", "Us", "We"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service, including the release of new features, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: experiment.ly

Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for other users under certain paid plans.
   
5. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. One person or legal entity may not maintain more than one free account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Intellectual Property Ownership

1. Company hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, subject to the terms and conditions of this Agreement.
   
2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service or "frame" or "mirror" the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service for any reason including, but not limited to (a) build a competitive product or service, (iv) build a product using similar ideas, features, functions or graphics of the Service, or (v) copy any features, functions or graphics of the Service.
   
3. Company alone owns present and future copyrights, trademark rights, service mark rights, trade secret rights, patent rights, moral rights, and other intellectual property and proprietary rights recognized in any jurisdiction relating to Company, the Service and in and to the Company technology. The Company name, logos, and the product names associated with the Service are trademarks of Company or third parties, and no right or license is granted to use them without prior written permission.

Payment, Refunds, Upgrading and Downgrading Terms

1. You represent and warrant that you have the legal power and authority to enter into this Agreement and that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
2. A valid credit card is required for paid accounts. Free accounts are not required to provide a credit card number.
3. If you initially sign up for a Personal, Basic, Plus, or Premium account, and you don't cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged.
4. An upgrade from any free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
5. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
6. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
7. For any upgrade or downgrade in plan level, your credit card will automatically be charged the new rate and your billing cycle will be adjusted to your upgrade date.
   
8. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Company does not accept any liability for such loss.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account button in your Dashboard and then on Billing menu item.
   
2. All of your Experiments, Tests, Content, and Reports will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Company service, for any reason at any time, including non-payment. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to experiment.ly or within the Service itself.
3. Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. You represent that you own all intellectual property rights to your website, all content on your website, and all content uploaded or used on the Service.
   
2. All content posted or hosted on the Service must comply with U.S. copyright law. You can review our copyright compliance policy here.
3. We claim no intellectual property rights over the content or material you provide to the Service. Any content and materials uploaded remain yours.
   
4. We do not screen Content, but Company and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
5. The look and feel of the Service is copyright © 2009-2012 Experimently, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML or design elements without express written permission from Company.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. Technical support is provided to paying account holders and is available via email, chat or telephone. Free plans are limited to email and chat support.
   
3. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Company, or any other Company service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Company.
6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion , that is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Service.
7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company customer, employee, member, or officer will result in immediate account termination.
8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMS, or "spam" messages.
10. You must not upload or transmit any worms or viruses, or any code of a destructive nature.
11. Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided to you on a strictly "as-is" basis.
12. You expressly understand and agree that Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. In no event shall either party's aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to any claim.
13. All matters relating to your access to, or use of, the Service shall be governed by the laws of the State of Utah. Any legal action or proceeding relating to your access to, or use of, the Service shall be instituted in a state or federal court in Salt Lake City, Utah. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
14. The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Company and govern your use of the Service, superceding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Service).
15. Violation of any of the terms will result in the termination of your Account. Questions about these Terms of Service should be sent to sales@experiment.ly.