End User License Agreement
Qualia Data Sciences LTD
Shopify Apps
End-user license agreement
Last updated: 2020-10-20 (yyyy-MM-dd)
This is a legal agreement (hereafter „agreement”) between you as Licensee (hereafter “you”, “subscriber”) and Qualia Data Sciences LTD (hereafter “Qualia”) as Licensor.
“Application”, or “App” refers to Seery by BusinessQ App for Shopify.
This agreement concerns the BusinessQ apps for Shopify software, programs, technologies, documentation and updates (hereafter together „software”, or “app”) made available to you by Qualia. Please read the following terms of use carefully.
By installing and using the software, you agree to be bounded by the terms of this EULA.
If you do not agree to the terms of this EULA, do not install or use the software.
Software Description, Service and Service Term
Monitor your business in a powerful Dashboard showing key information in one place.
Revenue Forecast – powered by Seery machine learning algorithms. Based on historical data, weekly and yearly seasonality, holiday effects, and anomalies detection.
Statistics and Averages – track one of the most important metrics for your business and monitor overall business health. Average order value (AOV), Average Revenue per User (ARPU), Average No of Orders per Customer (ANO), and more, with historical trends.
Customer Segmentation – Based on research eCommerce papers and Machine learning-algorithms, this segmentation provides an effective analysis for decision-makers to target their customers and develop appropriate marketing strategies according to their previous behavior. Detect your Active, Lapsing, and Lost, break down by High, Medium, or Low-value customers.
Cohort Analysis – start understanding customer retention through all historical data; do a powerful analysis of customer behavior based on customer segments.
Customer Lifetime Value – Seery can predict how much and how often will EACH repeat customer purchase. Based on that fact, a CLV is calculated based on historical and predictive customer lifetime value.
The features and functionality of the App may be modified from time to time by Qualia at its discretion.
The Service is offered both as a free and a paid service. The paid Service is offered on a month-to-month basis and it automatically renews on a monthly basis.
Termination for Cause
This Agreement may be terminated by you at any time by uninstalling the App. Your termination of this Agreement shall be effective as of the end of the current billing period in which you uninstall the App.
Qualia may terminate this Agreement and/or suspend the provision of the Service immediately for: illegal, fraudulent, excessive or improper use of the Service; if any portion of an invoice not reasonably disputed in good faith as herein provided remains unpaid when due; or for breach, not subject to cure.
Confidentiality, Registration and Passwords.
You agree to maintain the confidentiality of any and all of your login credentials. You are responsible for all actions taken with your login credentials and stored information. If you permit another person to have access to your login credentials, we will treat this as if you have authorized such use and you will be liable for all actions taken by those persons. You are wholly responsible for the use of your login credentials as provided in these Terms.
Service Limitations
- Qualia may alter which devices and browsers are approved as compatible with the App at its discretion from time-to-time.
- Qualia may perform maintenance on the App from time to time which may result in service interruptions, delays, or errors. We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we may contact you in order to assist you with the App Services and obtain information needed to identify and fix any errors.
Limitations of Liability
BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE LIMITATIONS OF SERVICE DESCRIBED HEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE FORM OF ACTION, EVEN IF QUALIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU AGREE THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY YOU IN REASONABLE RELIANCE, NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE MONTHS UNDER THIS AGREEMENT IMMEDIATELY PRECEDING THE CLAIM.
Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUALIA, ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER QUALIA NOR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT YOUR USE OF THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE. NEITHER QUALIA NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, QUALIA EMPLOYEES, AGENTS, OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
License and provision of rights
This agreement gives you, your administrators, and your employees non-exclusive and non-negotiable right to use the software. You are not eligible for sublicensing. All exceeding rights of the software are with Qualia and are explicitly reserved; in particular possible proprietorship and intellectual property rights.
Restriction of the license
You are not allowed – for whatever reason – to copy, to lend, or to rent software. Without limiting the previous regulation, you are not allowed to copy the software, or parts thereof, on a server or on any other platform or distribute by other means. You may not reverse engineer, decompile, or disassemble the software.
Copyright
All title and copyrights in the source code of the software made by Qualia and the accompanying online materials, are owned by the Qualia. The software is protected by copyright laws and international treaty provisions. Therefore, you must treat the software like any other copyrighted material.
Intellectual property rights
All brands, logos company names, and intellectual property rights (hereafter „brands”) which are part of or are associated with the software, are in the sole authority of dispose of Qualia. This agreement gives you no right of use of the brands. All intellectual property rights of the software, in particular of the code, as well as all texts contained therein are property of Qualia. Every non-authorized usage or utilization of the software contained or associated brands will be prosecuted.
The entirety of the agreement
This agreement constitutes together with the above-mentioned regulations the whole agreement between you and Qualia with respect to the usage of the software and prevails all earlier agreements or other correspondence about the usage of the software.
Other
Shops specific data pulled from Shopify API are displayed in the user interface in tabular form or visualized as a graph. That data can also be accessible from the user interface in the form of exported Excel and CSV data files, or image files (for graphs) in various formats.
All responsibility for extracted data from the user interface lies in the user who extracted the data. It becomes their responsibility for how they manage exported data. The same applies to automatic emailing reports.
Contact Us
If you have any questions or concerns regarding these Terms or our Apps, contact us at info@qualia.hr.