The following terms and conditions govern all use of the Gotcha website and all content, services and products available at or through the website and app, including, but not limited to, the Gotcha Service (“Service”) and professional services (taken together, Gotcha Service).
Please read this Agreement carefully before accessing or using the Gotcha Service. By accessing or using any part of the website, app or Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Gotcha, acceptance is expressly limited to these terms. Gotcha Service is available only to individuals who are at least 13 years old.
1. Your Gotcha Account and Profile.
If you create an account on the Service, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Gotcha of any unauthorised uses of your account or any other breaches of security. Gotcha will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
2. Content and Access Removal.
If you delete content on your account, Gotcha will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Gotcha has the right (though not the obligation) to, in Gotcha’s sole discretion (i) refuse or remove any content that, in Gotcha’s reasonable opinion, violates any Gotcha policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Gotcha’s sole discretion. Gotcha will have no obligation to provide a refund of any amounts previously paid or data that was previously stored.
3. Payment and Renewal.
General Terms. You agree to pay Gotcha the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated.
Fees are not refundable. There is no fee to cancel accounts and you may cancel at any time. Gotcha may in its own discretion prorate previously billed charges based on the cancelation date.
Automatic Renewal. Unless you notify Gotcha 30 days before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such services (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time on the Account page of your dashboard.
4. Services. Fees; Payment.
Once the evaluation period ends, as defined by deciding to deploy The Service in a production (customer facing) environment, you agree to pay Gotcha the setup fees (if applicable) and monthly service fees indicated at http://www.gotcha.io/pricing or separately agreed upon pricing in exchange for the services listed at http://www.gotcha.io. Applicable fees will be invoiced starting from the day your evaluation ends and in advance of using such services in an ongoing manner. Gotcha reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Gotcha Service can be canceled by you at anytime on 30 days written notice to Gotcha.
Gotcha Service includes access to email support and online ticket support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Gotcha to respond within one business day, though we aim to respond faster) concerning the use of the Gotcha Service. Gotcha also enables in-application support ticket creation. All Gotcha Service support will be provided in accordance with Gotcha standard Service practices, procedures and policies. Gotcha makes best efforts to be on call 24×7×365 to solve critical production (customer facing) issues as defined by having a severe impact on a 75% or more pages or end users.
6. Responsibility of Service Visitors.
Gotcha has not reviewed, and cannot review, all of the Content, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Gotcha does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
7. Intellectual Property.
This Agreement does not transfer from Gotcha to you any Gotcha or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Gotcha. Gotcha, the Gotcha logo, and all other trademarks, service marks, graphics and logos used in connection with Gotcha, or the Service are trademarks or registered trademarks of Gotcha or Gotcha’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Gotcha or third-party trademarks.
Gotcha reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Gotcha may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Gotcha may terminate your access to all or any part of the Service at any time though will make best efforts to give 30 or more advance days notice. If you wish to terminate this Agreement or your Gotcha account (if you have one), you may simply discontinue using the Service or cancel from the Administration Console. Notwithstanding the foregoing, if you have a Gotcha Service account, such account can be terminated by Gotcha if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Gotcha’ notice to you thereof; provided that, Gotcha can terminate the Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties.
Gotcha Service is provided “as is”. Gotcha and its employees, owners, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Gotcha nor its employees, owners, suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you utilise the Service at your own discretion and risk.
11. Limitation of Liability.
In no event will Gotcha, or its employees, owners, suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Gotcha under this agreement during the twelve (12) month period prior to the cause of action. Gotcha shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You agree to indemnify and hold harmless Gotcha, its employees, owners, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Gotcha and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Gotcha, or by the posting by Gotcha of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Israel, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and courts located in Tel-Aviv, Israel. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Tel-Aviv, Israel, in the Hebrew language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Gotcha may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
15. Data usage
The context of this section is to define how data is used by Gotcha.
15. 1. Information we receive from you
We collect your personal information and business information such as name, email and website when you signup for our service. We may use this information to improve our products and services.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
15. 2. Information we receive from end users of your web & mobile properties
When you embed the Gotcha Code across your site, Gotcha receives information about end user site usage in order to determine which queries and or triggers to fire. Information captured includes:
- Operating System
- IP Address
- Page URL
- Custom data that you provide Gotcha
- Any data that the end-user will input to our forms
- Private end-user information
Gotcha also has server call counters used to track clients’ usage for billing and engagement measurements. Thus Gotcha sees aggregate client traffic levels where the Gotcha code snippet is installed.
15. 3. How we use information we receive
Gotcha uses this data for aggregating a client’s performance metrics for reporting and alerting functions.
Gotcha may also use aggregate data across clients for
- Informing future product features
- Internal operations including troubleshooting, data analysis, testing, research
- Service improvement
- Consolidating data of end-users
15. 4. Security and bugs
We invest heavily to keep your information secure and our service bug-free. If there is a suspected or known breach or error that compromises any client data security, we may trigger mandatory password resets and will invoke our client communication plan.
15. 5. Notice of Changes
If we make changes to this Data Use Policy we will post publicly here (www.gotcha.com). If the changes are material, we will do our best to provide you additional, prominent notice as appropriate under the circumstances.
Updated Sep 17, 2016