Terms


Terms of Use

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

particular:

 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

Services.

 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,

without compensation.

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.

7. Legal

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: customercare@captira.com

Website Use Terms: Last updated 05 April 2017