1. These Terms
The Terms herein are a legally binding contract between you and Captira Analytical LLC. If you
access the Captira website in the course of your duties, broadly defined, then you are also
binding your employer.
This contract (“Terms”) sets out your rights and responsibilities when you use Captira.com or its
Services and Software, so please read it carefully. By accessing this website www.captira.com or
using any of our Software or Services, you’re agreeing to the Terms.
These Terms are in addition to any other terms included when you sign up for any Captira
Software or Service product specific agreement.
You may not access this website or Captira’s Software and Services with the purposes of :
Hacking, gaining access to, or impersonating, another user or person;
To copy or scrape any information of any nature;
To copy, attempt to copy, reverse engineer, replicate products, features or business
models of, or understand Captira’s commercial offering for the purpose of
replicating, attempted copying or otherwise deriving knowledge of Captira’s
copyrighted or commercial offerings in a manner that was not intended by Captira
or to compete, directly or indirectly, in any manner with Captira.
Captira lays claim that the screen designs, layouts, products accessible to clients of
Captira and the manner integrating third party services and all aspects and features of
Captira’s website, Toolkit and all other Products and Services are proprietary and we lay
claim to copyright, unregistered or otherwise. Any accessing or reproduction (including
but not limited to screenshots) of a Captira product or commercial offering, either directly
or indirectly (via a client or otherwise) that results in attempted copying or replication of
a software feature or commercial offering or causes harm, or potential harm, to the
business of Captira in the opinion of Captira, will be a breach of these Terms. These
provisions explicitly apply if attempted copying or replication is used by the person for
internal use or providing such protected information under these Terms to a third party.
2. Your Privacy
We know your personal information is important to you, so it’s important to us. Our Privacy
Policy forms part of these Terms.
3. Your Account with Captira
A. You must be 18 or older to use our Services. Otherwise, you may only use our Services under
the supervision of a parent or legal guardian.
B. Be honest with us. Provide accurate information about yourself. It’s not OK to use false
information or impersonate another person or company through your account.
C. Choose a nice username. A username that is offensive, vulgar, or infringes someone’s
intellectual property rights violates the Terms.
D. You are responsible for your account. You’re solely responsible for any activity on your
account. If you’re sharing an account with other people, then the person whose billing
information is on the account will ultimately be responsible for all activity. If you’re registering
as a business entity, you personally guarantee and warrant that you have the authority to agree to
the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on
your account, so it’s important to keep your account password secure.
F. Let's be clear about our relationship. These Terms don't create any agency, partnership, joint
venture, employment or franchisee relationship between you and Captira.
4. Software & Services
These Terms will apply when accessing both the website www.captira.com and all Software and
Services even if, and in addition to, any other terms and agreement that may relate to a specific
service purchased or accessed by you.
5. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and
revocable license to use our Services—subject to the Terms and the following restrictions in
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in
connection with your use of the Services. This includes any local, state, federal and international
laws that may apply to you, including don’t commit fraud, theft or any other crimes against
Captira, another Captira user or a third party.
B. Pay Your Bills. You are responsible for paying all fees that you owe to Captira or vendors you
access via the Captira Software and Services.
C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the
Services or to reverse engineer or attempt to copy or obtain the source code of the Softwrae or
D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our
Services, for example by distributing a virus or other harmful computer code.
E. Follow Our Trademark Policy. The names “Captira” and derivations and the other Captira
marks, phrases, logos and designs that we use in connection with our Software and Services, are
trademarks, service marks or in copyright use of Captira.
F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your
experience and our Services. Any unsolicited ideas or other materials you submit to Captira (not
including Your Content or items you sell through our Services) are considered non-confidential
and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable,
sub-licensable, perpetual license to use and publish those ideas and materials for any purpose,
6. Discontinuation of Service
We may terminate or suspend your account (and any related accounts) and your access to the
Services at any time, for any reason, and without advance notice. If we do so, it’s important to
understand that you don’t have a contractual or legal right to continue to use our Software and
Services. Captira reserves the right to change, suspend or discontinue any of the Services at any
time, for any reason. We will not be liable to you for the effect that any changes to the Services
may have on you. The Terms will remain in effect even after your access to the Service is
terminated, or your use of the Service ends, whether by you or ourselves terminating.
The Software and Services are provided “as-is” and no implicit or explicit warranty is provided
in their use or access. You hereby release us from legal liability or recourse to the maximum
permissible extent by law. If Captira gets sued because of something that you did, you agree to
defend and indemnify us. That means you’ll defend Captira (including any of our employees)
and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that
arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your
account’s infringement of someone else’s rights. We reserve the right to handle our legal defense
however we see fit, even if you are indemnifying us, in which case you agree to cooperate with
us so we can execute our strategy.
A. Governing Law. The Terms are governed by the laws of the State of New York, without
regard to its conflict of laws rules, and the laws of the United States of America. These laws will
apply no matter where in the world you live.
B. Arbitration. You and Captira agree that any dispute or claim arising from or relating to the
Terms shall be finally settled by arbitration, using the English language, administered by the
American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in
effect (those rules are deemed to be incorporated by reference into this section). Our arbitration
will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration
award may be entered in any court that has jurisdiction. Any arbitration under the Terms will
take place on an individual basis: class arbitrations and class actions are not permitted. You
understand that by agreeing to the Terms, you and Captira are each waiving the right to trial by
jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the
right to bring an action in a court of proper jurisdiction for injunctive or other equitable or
conservatory relief, pending a final decision by the arbitrator.
C. Forum. We’re based in Alany, New York, so any legal action against Captira related to our
Software and Services must be filed and take place in Albany. That means the seat of any
arbitration shall be Albany, NY. For any actions not subject to arbitration, you and Captira agree
to submit to the personal jurisdiction of a state court located in Albany, New York or the nearest
District Court applicable for Albany NY.
8. Changes to the Terms
We may update these Terms from time to time. Changes will be effective upon the posting of the
changes. You are responsible for visiting these Terms pages, reviewing and becoming familiar
with any changes. Your use of the website, Software and Services following the changes
constitutes your acceptance of the updated Terms.
9. Other Product Specific Agreements
The Terms, including all of the policies that make up the Terms, supersede our prior Terms,
however you may enter into additional Captira product specific agreement. These Terms do not
replace or supercede those other agreements but these Terms are in addition to any other Captira
product or service specific agreement. If any part of the Terms is found to be unenforceable, that
part will be limited to the minimum extent necessary so that the Terms will otherwise remain in
full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to
later enforce that or any other part of the Terms. We may assign any of our rights and obligations
under the Terms.
10. Contact Information
If you have any questions about the Terms, please email us at: email@example.com
Last updated 05 April 2017