Last updated: July 5, 2021
Reference: MISC_CO_BV-OM-ToS-2021-07-05-rev-0
Please read these TERMS OF SERVICE carefully before using the One-off Metrics services ("THE SERVICE") licenced by MISC CO BV with its principal place of business at 37 Kipdorp, box 1.1, Antwerp 2000, Belgium ("THE SERVICE PROVIDER") to the client ("THE USER") made available through heroku.com ("THE PLATFORM").
By accessing or using THE SERVICE, THE USER agrees to be bound by the following TERMS OF SERVICE. If THE USER disagrees with any part of the TERMS OF SERVICE, he or she may not access THE SERVICE.
Privacy Policy
THE SERVICE shall be subject to the PRIVACY POLICY. THE USER agrees to the use of his or her data in accordance with this PRIVACY POLICY.
Fees for Use of THE SERVICE
THE USER will pay all fees for THE SERVICE based on actual usage. Fees are solely based on THE PLATFORM measurements of his or her use of THE SERVICE. Fees will be invoiced on a monthly base in arrears and concurrently charged by THE PLATFORM to the credit card of THE USER that is used with THE PLATFORM.
For more information regarding fees and payments please read the Terms of Service of THE PLATFORM.
Links to Third-party Services
THE SERVICE may contain links to third-party services that are not owned or controlled by THE SERVICE PROVIDER.
THE SERVICE PROVIDER has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party service. THE USER further acknowledges and agrees that THE SERVICE PROVIDER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of, or reliance on, any such content, goods or services available on or through any such services.
THE SERVICE PROVIDER advises THE USER to read the privacy policies and Terms of Service of any third-party service.
Indemnification
THE USER shall indemnify THE SERVICE PROVIDER against all losses and expenses arising out of any proceeding brought by either a third party or THE SERVICE PROVIDER, due to or arising out of THE USER's breach of the TERMS OF SERVICE or THE USER's violation of any law or the rights of a third-party.
Modification
THE SERVICE PROVIDER is constantly innovating in order to provide the best possible experience for THE USER. THE USER acknowledges and agrees that the form and nature of THE SERVICE which THE SERVICE PROVIDER provides, may change from time to time without prior notice to THE USER.
Termination
The TERMS OF SERVICE are effective until terminated by either party.
Upon termination, THE USER's right to use THE SERVICE will immediately cease. If THE USER wishes to terminate his or her account, he or she may simply discontinue using THE SERVICE.
THE USER is solely responsible for exporting his or her content from THE SERVICE prior to termination for any reason.
All provisions of the TERMS OF SERVICE which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If THE USER breaches, or THE SERVICE PROVIDER suspects that THE USER has breached the TERMS OF SERVICE, THE SERVICE PROVIDER may terminate this agreement at any time without notice.
Governing Law
These TERMS OF SERVICE shall be governed and construed in accordance with the laws of Belgium. without regard to its conflict of law provisions. Any dispute shall be submitted to the court of Antwerp, Belgium.
THE SERVICE PROVIDER's failure to enforce any right or provision of these TERMS OF SERVICE will not be considered a waiver of those rights. If any provision of these TERMS OF SERVICE is determined to be unlawful or enforceable by court, the validity and enforceability of any other remaining provisions is not affected. These TERMS OF SERVICE constitute the entire agreement regarding THE SERVICE, and replace any prior agreements regarding THE SERVICE.
Limitation of Liability
THE SERVICE PROVIDER's liability with respect to any single incident arising out of or related to this agreement shall not exceed the amount attributable to THE SERVICE paid by THE USER hereunder in the 12 months preceding the incident.
Neither party, nor a party's subsidiaries and affiliates, shall be liable to the other party for any indirect, incidental, special consequential or exemplary damages which may be incurred by the other party, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods, or other intangible loss.
Changes to the TERMS OF SERVICE
THE SERVICE PROVIDER reserves the right, at its sole discretion, to add or modify any part of the TERMS OF SERVICE at any time. If THE SERVICE PROVIDER does so, THE SERVICE PROVIDER will try to provide at least 14 days notice prior to any new terms taking effect.
By continuing to use THE SERVICE after those changes become effective, THE USER agrees to be bound by the revised terms.
Contacting THE SERVICE PROVIDER
For any questions or concerns regarding the TERMS OF SERVICE, please contact THE SERVICE PROVIDER at support@oneoffmetrics.com.