We, 124 kingston road, New malden. kt33nd, England (“Pandabox Limited”; "we"), have developed the application "Static" ("Static") which can be downloaded at www.staticapp.co and other domains. Static is an Social media analytics tool for tracking and reporting your social activities. Static enables users to easily track different social accounts in one place. Static can be used and operated quickly, fully and easily on devices throughout the world.
1. Scope: Who and What Do These Conditions Apply to?
2. Purpose of the Agreement: Scope of Static's Offer
• 2.1 The purpose of this agreement is the paid or free of charge use of the Static application, which can be retrieved via corresponding mobile applications ("apps"). All data are stored in the Cloud and can thus be retrieved at any time by various types of terminals or a web application. In which form and on which devices you can use Static is described at www.staticapp.co Static provides the following for the use of various different applications:
• Each user has her own profile, which she can add different social accounts to track.
• Each user can track up to 5 accounts for free.
• Each social account added will have an overview of their current stats
• You can view the data thats been collected through Static Via the graph feature and detail screen.
• If you have logged on via your Facebook or Twitter account, you can share Static as a post.
• For a fee, you can subscribe to a UnlimitedAccount. The exact scope of services can be seen in the description of services of the UnlimitedAccounts which you can access via the app.
• 2.2 Static will be available for use ("system uptime") 24 hours a day, 365 days a year with 97% availability on average ("SLA"). If maintenance work is necessary and if Static is not available for maintenance reasons, we will duly inform you. Disruptions to Static for maintenance reasons will not be counted as part of SLA time. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which Static cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.
3. Registration, Concluding Contracts, Use of Static: Rights and Responsibilities
• 3.1 Downloading Static
• 3.1.1 You can download Static as a mobile app for various devices.
• 3.2 Registration, Conclusion of a Contract
• 3.2.1 You can't use Static without registering.
• 3.2.2 To be able to use all the functions of Static you will need to register.
• 3.2.3 We offer one registration option.
• 3.2.4 To register with Static you must supply the required data truthfully and fully if these are not voluntary details. You must choose a name and an email address at which we can contact you.
• 3.3 Concluding the Agreement
• 3.3.1 Mobile Apps
• In the case of the mobile apps, you conclude an agreement for use when you click on the "Install" button on the product description page of the relevant app store and, where required, you enter your password.
• 3.3.2 There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.
• 3.4 You may use all of the free features of Static free of charge. Using features that are not free of charge as a “PRO” user may incur charges.
• 3.5 You are responsible for keeping your password confidential. This means, that you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and that you take the necessary steps to guarantee its confidentiality. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via email at: firstname.lastname@example.org
• 3.6 Rules for Using Static
• 3.6.1 When using Static you must obey all of the relevant laws and other legal provisions of UK & Ireland. In particular, you may not track accounts that you don't sole own without permission. You are solely responsible for the data you collect. We do not examine whether accounts added are lawfully yours or have permission to track.,
• 3.6.2 You, as well as we, can delete or accounts being tracked at any time resulting in the loss of data collected. In particular, we are entitled to remove accounts without prior warning if and when there is good reason to believe that tracking them on Static violates the law, moral standards and/or the rights of third parties.
• 3.6.3 You are not allowed to attack the operational capacity of Static by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.
• 3.6.4 If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of Static or, if appropriate, to fully exclude you from its use.
• 3.7 Indemnification
• You agree to indemnify and hold Company, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (1) a claim alleging that use of the customer data infringes the rights of, or has caused harm to, a third party; (2) a claim, which if true, would constitute a violation by you of your representations and warranties; or (3) a claim arising from the breach by you or other users of this Agreement, provided in any such case that Company (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defence and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Company of all liability and such settlement does not affect company's business or service); (c) provides to you all available information and assistance; (d) and has not compromised or settled such claim.
• 3.8 Identity of Users
Technically, we are not capable to definitively determine whether a registered user on Static actually has the identity she claims to have. We therefore cannot guarantee the correct identity of any user.
4. Instruction on Revocation
• 4.1 Regarding the agreement of the use of this service, you have, if you are a consumer with your normal place of abode or residence in the European Union, a legal right to revoke this agreement in accordance with the following:
Right of Revocation
You have the right to withdraw from this contract within 14 days without giving any reason.
To exercise the right of withdrawal, you must inform us (Pandabox Limited, 124, kingston road, New Malden, Surrey, Kt33ND, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may also use the attached sample withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Revocation
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Your right of revocation expires prematurely if the agreement is fulfilled by both sides on your specific request before you have exercised your right of revocation.
End of Instruction on the Right of Revocation
• 4.2 Sample Withdrawal Form
If you wish to withdraw from your contract, please fill out this sample withdrawal form and return it to:
(Pandabox Limited, 124, kingston road, New Malden, Surrey, Kt33ND, firstname.lastname@example.org) I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service:
• Ordered on / Received on
• Name of user(s)
• Signature(s) [only if this form is returned on paper]
• please delete where inapplicable
5. Third Party Conent
• Third party content may appear on the Website or may be accessible via links. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. We do not endorse any sites on the Internet that are linked through Databox, and in no event shall Company or its licensors be responsible for any content, products, or other materials on or available from such sites. We provide Databox to you pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
Certain features are only accessible to users who have registered as Unlimited users and who pay for Unlimited Accounts. You will find all the benefits and features of Static Unlimited Accounts on www.staticapp.o.
• 6.1 Payment and Invoicing
• 6.1.1 Payment for using Static Unlimited Accounts is made in accordance with the invoicing conditions selected by you.
• 6.1.2 Prices of applications of third-party providers or external developers are determined explicitly by them.
• 6.1.3 Charges are due at the beginning of each invoicing period. If you have a subscription, it will renew automatically until you cancel. Every further payment will be due at the beginning of the new payment cycle.
• 6.1.4 All charges and prices stated include the applicable value added tax.
• 6.1.5 You may only offset invoices against legally determined or undisputed claims or right of retention. You may only assign claims arising from this agreement with our written consent.
• 6.2 Default of Your Payments
• 6.2.1 If you are delayed with your payment obligations (including immediately after the first default), we will be entitled to Stop you unlimited account and removed accounts added as part of the subscription. If your account is considerably in arrears, we will be entitled to terminate the agreement without notice. A “considerably” is defined as the amount of one payment. In this case, you will remain obliged to reimburse the outstanding amount.
• 6.2.2 The amount of damage is to be set higher or lower if we or you are able to prove greater or lesser damage.
• 6.2.3 We reserve the right to assert further claims for default of payment.
7. Term of Your Licensing Agreement and Termination
• 7.1 Free Use of Static
• 7.1.1 The agreement on free use of Static apps is for an indefinite period.
• 7.1.2 You can terminate the agreement at any time by requesting we delete our account by contacting us at email@example.com, which we will then be given permission to delete your account. On termination, data collected will be lost as we will delete your account completely. We will inform you of this again separately before we delete your account.
• 7.1.3 We can terminate this agreement in writing with a notice period of two (2) weeks (email will be sufficient).
• 7.2 Use of Unlimited Accounts
• 7.2.1 Depending on the Unlimited Account payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term ("Minimum Term Agreements").
• 7.2.2 Both parties may terminate the agreement at any time. If you change to another Unlimited Account category, this will not constitute termination. We will simply adapt the conditions of payment and your rights to your new Unlimited Account category.
• 7.2.3 Agreements with a minimum term will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand by deleting it in accordance with No. 7.1.2 or by downgrading it to free use. If you terminate or downgrade a Unlimited Account, the original agreements will run to the end of the agreed term and will not be renewed. In the case of a downgrade any accounts being tracked that exceed the 5 free accounts for the free package will be removed and no longer track those accounts.
• 7.3 In addition, the agreement may be terminated for just cause. Just cause, which would entitle Pandabox limited to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3.6 or if you are delayed with your payment obligations in accordance with Section 6.2.1.
8. Limitation of Liability
• Company shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors or omissions from Static, (b) the unavailability or interruption of Static or any features thereof, (c) your use of Static, (d) the content contained on Static, or (e) any delay or failure in performance beyond our control.
9.Changes to Terms and Conditions of Use
• Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to Staic at any time, effective upon posting of an updated version of this Agreement on Static. You are responsible for regularly reviewing this Agreement. Continued use of Static after any such changes shall constitute your consent to such changes.