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|ROI on Paid Traffic|
|Profit Margin (Total Income / Total Expenses)|
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Last Updated: 2017-04-06
YOUR USE OF AGAMEMNON, A PRODUCT CREATED AND MAINTAINED BY SEUFERT STRATEGY OÜ ("HERACLES") IS SUBJECT TO YOU AGREEING TO THESE TERMS AND CONDITIONS (THESE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE SERVICES.
These Terms were written in English (US). To the extent any translated version conflicts with the English version, the English version controls.
Additional Terms Applicable to the Services
Some areas of the Services may have additional terms, policies or agreements that apply (“Content Specific Terms”). You agree to comply fully with these Terms and, if applicable, any Content Specific Terms. In the event of a conflict or inconsistency between these Terms and any Content Specific Terms, the Content Specific Terms control.
You hereby certify to Heracles that (i) you are at least 18 years of age and, (ii) if you are agreeing to these Terms on behalf of a corporation or entity, that you are duly authorized to bind such corporation or entity.
Registered Materials and License As a condition to using certain Services, you will be required to register. You agree to provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. Upon registration, you will be provided with a login identifier ("Agamemnon User ID”) and a password. We reserve the right to refuse registration (or cancel an Agamemnon User ID) for any reason and in our sole discretion. You shall be responsible for maintaining the confidentiality of your Agamemnon User ID and password. You are not allowed to share your Agamemnon User ID and/or password for any reason and are fully and solely responsible for all activities that occur under your account. You agree to notify us immediately upon learning of any unauthorized use of your account or any other breach of security.
Use of the Heracles Services
In connection with your use of the Services, you agree that you will not:
The Company assumes no obligation to preserve the integrity and prevent any corruption or loss, damage or destruction of User Submitted Data.
The company reserves the right to remove any User Submissions from the Services at any time, for any reason.
You, not the Company, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to us and to grant us the rights to use such information in connection with the Services and as otherwise provided herein.
Content provided by Heracles in the Services (“Content”) are the intellectual property and copyrighted work of Heracles or third-party authors. All rights not expressly granted with respect to the Services and Content are hereby reserved. Heracles may modify (or cease providing) the Services or Content at any time in Heracles’s sole discretion. You agree not to copy, reproduce, sell, transfer, modify, publish, distribute, display, prepare derivative works from, reverse engineer, disassemble or decompile or exploit any portion of the Services, our Content, code, or third-party Content without prior written consent from us or, upon our direction, from the respective owner of said material.
You agree to indemnify and to hold harmless Heracles from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of your violation of these Terms.
Termination of Your Use
Heracles may, in its sole discretion, discontinue or limit your access to any part (or all) of the Services at any time. You agree that Heracles shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Services.
The Services may provide provide links to third-party websites or access to third-party content, products and/or services (“Third-Party Sites and Content”). Heracles is not responsible for such Third-Party Sites and Content; you bear all risks associated with the access and/or use of such Third-Party Sites and Content. THE SITES, SERVICES, CONTENT, AND ANY THIRD-PARTY SITES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HERACLES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL HERACLES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SERVICES, ANY CONTENT, OR ANY THIRD-PARTY SITES AND CONTENT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, HERACLES'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL HERACLES’S CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE GREATER OF THE AMOUNT PAID TO HERACLES BY CUSTOMER FOR THE USE OF THE SERVICES OR $250.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Heracles shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Heracles’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any portion of these Terms is found to be unenforceable or invalid, that portion shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. We reserve the right to charge fees for any part of the Services at any time but will provide advance notice to you prior to any such fees coming into effect. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. Heracles may transfer, assign or delegate these Terms and its rights and obligations without consent.
Governing Law and Venue
These Terms and all matters arising out of these Terms shall be construed and enforced exclusively in accordance with Estonian law without regard to choice of law provisions. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by legal proceedings in Estonia.
Entire Agreement and Modifications to Terms
These Terms (with the exception of any Content Specific Terms that may additionally apply) are the entire statement of the terms that govern your use of the Services. HERACLES MAY MAKE CHANGES TO THESE TERMS FROM TIME TO TIME IN HERACLES’S SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES AFTER HERACLES POSTS OR OTHERWISE MAKES AVAILABLE MODIFIED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE MODIFIED TERMS.
Last Updated 2017-04-08
The Information Provided and Collected
The term “Provided Information” shall mean information that you provide to Heracles through the Services including, without limitation, information that you enter on a registration form (e.g., name, email address, phone number); a request for information; a request for access to the Services; a registration for an event; a forum or bulletin board; or an order form.
The term “Technical Information” shall mean information that is automatically collected when you visit or use the Services including, without limitation, the type of browser you are using, the type of operating system you are using, the date/time of your visit, your IP address and navigational information (such as which pages you visit and if you experienced any errors). Technical Information also includes information collected through our applications and experiences, such as your phone model, phone operating system version, the duration and frequency of your usage sessions and information regarding application crashes (but not GPS information).Provided Information and Technical Information are collectively referred to as “Information.”
We use analytics software to allow us to better understand the functionality of applications. This software records information such as how often you use the application, the events that occur within the application, aggregated usage and performance data, and the referring party for your use of the application. We may link the information we store within the analytics software to personally identifiable information you submit within the application for internal business purposes including, without limitation, to provide Heracles with statistics on how the Services are used, to help Heracles measure errors in the Services, to enhance the Services and for marketing purposes.
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.
Cookies and Similar Technologies
A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer or mobile device. A cookie allows us to distinguish you from other visitors so that we can remember who you are. A cookie will typically contain the name of the domain from which the cookie originated, the "lifetime" of the cookie, and a value (usually a randomly generated unique number).
We employ technologies such as clear gifs (a.k.a. Web Beacons), tags and scripts to help us better manage content by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track online usage metrics. In contrast to cookies, which are stored on a user’s computer or device, clear gifs are embedded invisibly on web pages. We do tie the information gathered by clear gifs to personally identifiable information.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP address, browser type, internet service provider (ISP), referring/exit page, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, to administer the site, to measure users’ activity on the site and to gather demographic information about our user base as a whole. We do link this automatically collected data to personally identifiable information.
We partner with a third party to manage our advertising on other sites. Our third party partner may use technologies such as cookies to gather information about your activities on this website and other sites in order to provide you advertising based upon your browsing activities and interests. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here (or if located in the European Union, click here). Please note this does not opt you out of being served ads. You will continue to receive generic ads.
How Heracles Uses Your Information
Heracles will use your Provided Information in the ordinary course of Heracles’s business with or for you. Examples of Heracles’s ordinary course of business include, without limitation, responding to your inquiries; processing a request; providing you with access to the Services; or placing an order. Heracles may also use your Provided Information to contact you about Heracles’s products and services, such as through promotional emails (subject to your subscription preferences).
Heracles will use your Technical Information for Heracles’s internal business purposes including, without limitation, to provide Heracles with statistics on how the Services are used, to help Heracles measure errors in the Services, to enhance the Services and for marketing purposes. Technical Information may also be used to improve your individual experience with the Services.
Heracles may share your Information with third parties who perform services for Heracles (“Service Providers”). Such Service Providers are prohibited from using your Information other than to provide services to Heracles, as specified below.
Heracles may disclose your Information without notice to you if we conclude that it is required by law, such as to comply with a subpoena or similar legal process, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
Notwithstanding anything herein, Heracles reserves the right to use and disclose anonymous data to third parties in its discretion. Other than as set forth herein, Heracles will not share, rent or sell your Information to a third party. We may also share or receive information, including Provided Information, with, from and/or among affiliates.You have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding Privacy Shield compliance.
Information may be provided in certain circumstances to third parties to carry out tasks on our behalf for the purpose of maintaining, operating, providing and improving the Services (e.g., billing, emailing, processing applications, CRM, support and data storage) with strict restrictions that prevent such Information from being used or shared except as directed by us. When third parties carry out tasks on our behalf, they are subject to agreements that oblige them to process such information only on our instructions, in compliance with Heracles’s policies and with appropriate confidentiality and security measures. Heracles is responsible for third-party processing of personal data including subsequent transfers to agents acting on its behalf, should it violate any Privacy Shield principles. These companies are authorized to use your Information only as necessary to provide services to us. You hereby acknowledge and consent to such use by using the Services.
Processing or Transfer to Other Countries
Your Information may be processed by Heracles or Service Providers in the country in which it was collected or entered (“Original Country”). Heracles or Service Providers may also transfer your Information to countries other than the Original Country. Such other countries may have different data protection laws than the Original Country and you expressly agree to such processing and transfer.
Our Commitment to Security
Heracles employs a variety of security technologies and procedures designed to help prevent unauthorized disclosure of, access to and use of Information that Heracles collects or receives. However, Heracles cannot guarantee the security of your Information.
Access and Deletion
Upon request, Heracles will provide you with information about whether we hold any of your personal information. You can update or correct personal information (e.g., your email address) by accessing your account. You can also access, or delete, your information by reaching out to us at firstname.lastname@example.org. To opt-out of receiving our newsletters or marketing emails, you can follow the unsubscribe instructions included in the emails communications you receive, access the email preferences in you account settings page, or contact us at the above email address. We will respond to your request within 30 days. Please note that we have the right to reject deletion requests that are unduly burdensome or repetitive or that cannot be honored in light of legal obligations or ongoing disputes, or where retention is necessary to enforce our agreements or protect our or another party’s rights, property, safety, or security.
How to Contact Heracles
Upon written request by you, Heracles will provide you with access to your Provided Information and a chance to correct such information.
You can request a new password via email using your registered Agamemnon address.