The following terms and conditions govern all use of the Tribalytics Services provided by Mango Information Systems SPRL (Mango-is) and are effective from the date of its publication on http://tribalytics.com/terms

1. General provisions

  1. Through the Tribalytics Services, Mango-is provides you with an access to a variety of resources, including the Tribalytics web application and any other software or services offered by Mango-is in connection to these.
  2. In order to use the Tribalytics Services, you must first agree to the Terms. By creating an account and by using the Tribalytics Services, you confirm that you have read, understand and accepted completely and without reservations these Terms.
  3. When providing you with its services, Mango-is takes care of your data. See the Privacy Policy relating to the collection and use of your personal data. You agree to comply with the Privacy Policy which is incorporated herein by this reference.

2. The conclusion of the Agreement

  1. Access to the Services (by conducting an Agreement between you and Mango-is) requires previous creation of an account. The registration is made through the web application accessible at http://tribalytics.com/.
  2. While registration you will use an existing Twitter account. You are entirely responsible for maintaining the security and confidentiality of your Twitter account and for any and all activities that occur under your Tribalytics account. You must contact Mango-is immediately in case of theft, loss, or inappropriate use of your Twitter account or of your Tribalytics account or in case of any other breach of security. See also Section 6 relating to your responsibility.
  3. You affirm that you have the right and authority to conclude the Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

3. Your obligations

  1. You are obliged to provide during the registration real, accurate, current and complete registration information. In case of amendments you are obliged to notify Mango-is within 7 days from the date of their occurrence.
  2. You represent and warrant to Mango-is that the information you have provided for the purpose of establishing an account is complete and accurate and that you have the requisite power and authority to enter into this Agreement and to perform all of its obligations hereunder.
  3. You undertake not to engage in, solicit or promote any activity that is illegal, violates the rights of others or could subject Mango-is to liability towards third parties, including in particular:
    1. unauthorized access, monitoring, interference with or use of Tribalytics or third party accounts, data, computers, systems or networks, including the introduction of viruses or similar harmful code via the Application or Services;
    2. use any false, misleading or deceptive packet header information.
  4. Mango-is reserves the right and you grant Mango-is permission to:
    1. partial or total exclusion of the Services in the case of the planned, ongoing support and maintenance of the server and the software site;
    2. publish in its brochures or any other advertising or electronic support including or not photography or video, the name and logo of the customer as a customer reference, the list of services the customer ordered, without owing anything to the customer and without any prior authorization;
    3. transfer all or part of any of its rights and obligations associated with the Tribalytics Services;
    4. interference in the technical structure of your account in order to diagnose irregularities in the functioning of the Services and to make amendments and any other impact on your account in order to modify or restore the proper operation of the account or Services. In the framework of these activities, Mango-is will not be involved in the content and information contained on the account;
    5. do daily back up of the databases, including Twitter application access tokens keys;
    6. review the content you submitted via the Tribalytics Services and remove any materials that break the provision of applicable law;
    7. make recommendations for products or services Mango-is thinks may be of interest to you based on your application(s), content, and/or use of the Tribalytics Services;
    8. close your Account and terminate the Services in response to a violation or suspected violation of these Terms;
    9. install cookie files on your computer.

4. Payments. Limited free version

  1. Mango-is provides you with Services free of charge up to the limit of 30 days. Beyond the limit of this Trial offer, you will be notified of the Services' pricing and you will have to opt-in to continue use the service. If you do not take any action, your account will be disabled and you will not be charged any amount.
  2. Terms of use will be updated once paid version of the product is setup.

5. The Responsibility of Mango-is. Limitation of Liability

  1. Mango-is and any of its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers, shall not be liable for any direct, indirect, incidental, exemplary, punitive or consequential damages, in particular resulted from:
    1. information and other content submitted by you to Mango-is, including the data inconsistent with the facts, incomplete or outdated, and the lack of updates of these data;
    2. unauthorized use by third parties of the data contained in your account;
    3. operation of systems when making payment for the Services;
    4. inability to access the Services due to the reasons mentioned in Section 3, Article 4.1;
    5. technical problems or technical limitations in hardware, which you use and which prevent you from using the Services;
    6. any other damage caused by the non-observance of the provisions of these Terms;
    7. use of an API (Application Program Interface) or use of any third-party products or services;
    8. data loss or theft;
    9. failing or delaying performance of its obligations resulting from any condition beyond its reasonable control (force majeure), including but not limited to: governmental action, acts of terrorism, earthquake, fire, labor conditions, power failures, Internet disturbances, etc.
  2. Mango-is, and any of its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers make no express warranties and disclaim all implied warranties regarding the Tribalytics Services. Mango-is, and any of its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers do not represent or warrant to you that:
    1. your use of the Tribalytics Services will meet your requirements;
    2. your use of the Tribalytics Services will be uninterrupted, timely, secure or free from error;
    3. usage data provided through the Tribalytics Services will be accurate.
  3. The above shall not exclude or limit Mango-is' warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
  4. Notwithstanding anything else in these Terms to the contrary, the maximum aggregate liability of Mango-is or any of its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers under any theory of law (including breach of contract, tort, strict liability, and infringement), shall not exceed the fees received by Mango-is in the three (3) months preceding the first occurrence of an event giving rise to a claim. This is an aggregate limit. The existence of more than one claim shall not enlarge this limit. You acknowledge that the foregoing limitations of liability are an essential part of the Agreement.
  5. Mango-is and any of its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers, shall not be liable for any activities mentioned under Article 3.3 of this Agreement. Any victim of those activities allegedly performed by the user of Tribalytics Services has to notify authorities of their country of residence.

6. Your Responsibility

  1. You are solely responsible for the information or content you submitted through the Tribalytics Services and for the security and confidentiality of your data.
  2. Mango-is will not be liable for any loss that you may incur as a result of someone else using your Twitter account or Tribalytics account, either with or without your knowledge. However, you would be liable for losses incurred by Mango-is or another party due to someone else using your account or password.
  3. You agree to hold harmless and indemnify Mango-is and its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers from and against any third party claim arising from or in any way related to:
    1. your breach of the Terms;
    2. your use of the Tribalytics Services;
    3. your violation of applicable laws, rules or regulations in connection with the Tribalytics Services, or
    4. your content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
  4. In such a case, Mango-is will provide you with written notice of such claim, suit or action.

7. Copyright and License

  1. Mango-is is eligible for all Intellectual Property Rights related to the Tribalytics Services (as owner, joint owner or licensee).
  2. You shall not provide any Content that: (a) infringes the Intellectual Property Rights of any third party or any rights of publicity or privacy; (b) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (c) is defamatory, unlawfully threatening or unlawfully harassing; (d) is obscene, (child) pornographic or indecent; or (e) contains any viruses, trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept or expropriate any system, data or personal information.
  3. By submitting, posting or displaying the content you submitted to Mango-is, you give Mango-is a worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, and distribute such content for the sole purpose of enabling Mango-is to provide you with the Tribalytics Services and for the period of validity of the Agreement.
  4. You agree that Mango-is, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive signs in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Tribalytics Services.
  5. Mango-is gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Mango-is. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Tribalytics Services as provided by Mango-is, in the manner permitted by the Terms.
  6. You may not:
    1. copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Tribalytics Services or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Mango-is, in writing (e.g., through an open source software license);
    2. attempt to disable or circumvent any security mechanisms used by the Tribalytics Services or any applications running on the Tribalytics Services.
  7. Open source software licenses for components of the Tribalytics Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your Agreement with Mango-is for the use of the components of the Services released under an open source license.
  8. Mango-is hereby grants you a limited, non-exclusive, royalty-free, non- transferable license, with no right to sub-license, to display the Tribalytics trademarks and/or logos for the sole purpose of promoting or advertising that you use the Tribalytics Services. You agree that all goodwill generated through your use of the Tribalytics's Marks shall inure to the benefit of Mango-is.

8. Suspension and Termination of the Agreement

  1. Mango-is has the right to immediately terminate the Agreement, without prior notice, in case of:
    1. violations of the Terms or laws,
    2. sharing your Twitter account or Tribalytics account for access to third parties,
    3. lack of timely payment for at least one period;
    4. no longer providing the Services to users in the country in which you are resident or from which you use the service because of legal requirements.
  2. You as well as Mango-is shall have the right to terminate the Agreement subject to a monthly notice to expire at the end of a calendar month.
  3. Mango-is may suspend the Services if you violate these Terms.
  4. You agree to be fully responsible for exporting the content you submitted to Tribalytics in case of your account being closed for any reason. Upon account closure, Mango-is shall delete all content you submitted through the Tribalytics Services.
  5. Mango-is may suspend or terminate the Services if you fail to respond within 48 hours to Mango-is' inquiries about activities on your account.

9. Applicability of the Terms

  1. The Terms constitute the whole legal Agreement between you and Mango-is. The Terms govern your use of the Tribalytics Services (but excluding any services which Mango-is may provide to you under a separate written agreement), and replace any other agreement, understanding or communication, written or oral regarding such subject matter.
  2. The Terms may be amended. About the content of the amendments you will be notified in electronic form. If, within a week of the date of notification of the amendment of the Terms, you do not make statements of denunciation of the agreement, it is considered that the amendments have been adopted by you. Termination of the contract shall be notified to Mango-is by registered mail.
  3. If any provision of the Terms is determined to be void or unenforceable in whole or in part, it shall not affect or impair the validity or enforcement of any other provision of these Terms. Any provisions of these Terms which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of these Terms, it being the intent and purpose that these Terms should survive and be valid to the maximum extent permitted by applicable law.

10. Confidential Information

  1. You and Mango-is shall protect each other’s Confidential Information with the same standard of care which is used to protect own Confidential Information. You and Mango-is shall not disclose the Confidential Information, except to affiliates, subsidiaries or any of employees, officers, agents or suppliers, who need this Information and who have agreed in writing to keep it confidential.
  2. You and Mango-is (its affiliates, subsidiaries, or any of their employees, officers, agents or suppliers to whom it has disclosed Confidential Information) may use Confidential Information only to exercise rights and fulfill obligations under the Agreement, while using reasonable care to protect it.

11. Hardware requirements

  1. During the registration and use of the Services it is required to have browser which accepts cookie files. Cookie files is information stored by Tribalytics server on your computer.
  2. To use Services provided by Tribalytics you have to meet the following technical requirements:
    1. A modern web browser, such as Google Chrome, Mozilla Firefox or similar
    2. Twitter account, and the necessary access rights granted to Tribalytics twitter app.
    3. An e-mail address
    4. Internet access
  3. For problems resulting from not complying with these requirements, Mango-is shall not be held liable.

12. Complaints

  1. Any complaints concerning the use of the Tribalytics Services shall be notified by e-mail to the address support@tribalytics.com.
  2. Complaints are considered within 7 working days.
  3. The reply to the complaint is sent to the e-mail address of the user.
  4. In order to be considered, all complaints must be reported within 7 days of initial detection of the flaw or any other problem with the Tribalytics system.

13. Final Provisions

  1. Unless Mango-is has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the Tribalytics Software, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software.
  2. The Terms and your Agreement with Mango-is under the Terms, shall be governed by the laws of Belgium without regard to its conflict of laws provisions.
  3. Any disputes arising out of the Agreement shall be settled by the court of Brussels.
  4. Mango-is will communicate with you via e-mail and using the one you've specified during registration.
  5. In order to avoid doubts you and Mango-is state that the Agreement does not restrict Mango-is in the provision of Services to other entities who are your competitors.
  6. The Sections 3.4.2, 5, 6, 7 and 10 will survive expiration or termination of the Agreement.

Changelog