Terms of service
Actoboard (hereafter "Actoboard" or "the Service") is a service owned and operated by Digispoon SARL (hereafter "Digispoon"), and is a trademark or registered trademark thereof. Actoboard allows the creation of visual dashboards that aggregate data provided by you or by third-party services.
By using Actoboard on the website or on any other application or website that gives access to Actoboard, you ("You") are bound to agree to the following Terms of Service.
Digispoon reserves the right to change these Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here: http://www.actoboard.com/legal/terms/.
Violation of any part of the Terms of Service will result in the termination of your account.
These Terms of Service were last updated July 6th, 2014.
- To sign up for the Service, you must be at least 18 or the age of majority in your country of residence.
- You must provide your legal name, a valid email address, and any other required information to complete the sign up process.
- You are responsible for maintaining the privacy and security of your account. Digispoon cannot not be held liable for any damage or loss that may result from your failure to protect your login information, including your password or API keys.
- Digispoon may communicate with You via email regarding your account, system updates, or other issues related to your account.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others to your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- The Service may require authenticated access to third party services. By authenticating to such third party services using Actoboard, you recognize having the legal right of doing so. Digispoon cannot not be held liable for unauthorized access provided by you to these third-party services.
- Digispoon may refuse access to the service to anyone for any reason at any time.
You may post data to the Service via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Digispoon shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Digispoon has been advised of the possibility of such damages), resulting from your use of the API or third-party products that post data the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Digispoon, in its sole discretion, will determine abuse or excessive usage of the API.
- Digispoon reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Data collection service terms
The Service includes a Data Collection Service, which You may instruct to collect data from Your services or third party services (hereafter collectively "Remote Services"). Any use of the Data Collection Service is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Digispoon shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Digispoon has been advised of the possibility of such damages), resulting from your use of Data Collection Service.
- The Data Collection Service may require that You supply authorization or authentication information, including but not limited to, passwords, API keys or OAuth tokens. You must be legally entitled to provide these information to the Service. Digispoon shall not be liable for illegal access to Remote Services using authentication or authorization information that You provided.
- Illegal access, abuse or excessively frequent requests to Remote Services via the Data Collection Service may result in the temporary or permanent suspension of your account’s access to the Service. Digispoon, in its sole discretion, will determine illegal access, abuse or excessive usage of the Data Collection Service, with or without the help of other organizations.
- Digispoon reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Data Collection Service (or any part thereof) with or without notice.
Payment and access
- The Service is available for free during the trial period. For continued use after that period, you will be required to subscribe to a service plan, paid either on a monthly or annual basis. You will be charged every 30 days (monthly plan) or 365 days (annual plan) thereafter unless you cancel your account.
- All prices indicated are VAT excluded.
- Should you upgrade or downgrade your paid plan, your will be charged your new billing rate immediately.
- Duration of the trial period and applicable fees for new accounts are defined at http://www.actoboard.com/pricing/ and can be changed without notice.
- Digispoon reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
- Digispoon reserves the right to change the monthly/annual fees for existing customers upon 30 email days notice from us.
Cancellation and termination
- You are solely responsible for properly canceling your account. You may cancel your account at any time in your Account Settings. Email or phone requests to cancel your account will not be deemed cancellation.
- You can cancel at any time, but You will remain liable for all charges accrued up to that time, including full monthly charges for the month during which You discontinued service. You will not be charged again.
- Digispoon reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason, including if Digispoon believes that You have violated these Terms of Service. Digispoon will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Digispoon shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
Copyright and ownership
- Digispoon or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Digispoon or its suppliers own.
- Digispoon claims no intellectual property rights over the Content You upload or provide to the Service. However, by using the Service to send Content, You agree that others may view and share Your Content.
- Digispoon reserves the right to use the name and/or logo of the company You work for in publicity material, advertising or marketing collateral, unless you specifically tell us otherwise.
- Your use of the Service, including any Content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Service.
- You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Digispoon.
- You agree not to export or collect, by any electronic or other means, email addresses or other information of other users of the Service for the purpose of sending emails or other unsolicited correspondence.
- You agree not to act in a way that risks damaging, deactivating, or overloading the Service or its infrastructure.
- You agree not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the Service or its infrastructure.
- Digispoon makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
- Digispoon and its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
- If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
- Digispoon may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- The failure of Digispoon to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between You and Digispoon as to the Service and supersedes any prior agreements between You and Digispoon (including, but not limited to, prior versions of the Terms of Service).
Unless otherwise required by law - and which shall only be applied strictly for its intended purpose, it is expressly agreed that France law shall be the law applicable to these Terms of Service and any litigation between You and Digispoon related to the use of the Service shall be submitted to the jurisdiction of a competent court in Toulouse, France.
Any questions regarding these Terms of Service should be addressed to firstname.lastname@example.org.