and Data Processing Agreement
("DPA") (collectively, the "Agreement").
You agree to allow Roxr to collect and store data on your website traffic.
You agree to keep a valid and current name and email address registered in your account. Your email address will only be used for important account notifications, such as a failed payment or expiring subscription, and occasional news and updates about the service.
If you wish to cancel your account, you may go to the follow web page and click the "delete account" link at the top: https://clicky.com/user/edit
- All information associated with the account will be deleted within a reasonable period of time. We try to protect information from accidental or malicious deletion, so there may be delays between when you delete something and when copies are deleted from our active and backup systems.
Roxr may cancel or delete any account, for any reason, with or without notice, although this would typically only be done for legal reasons such as a site hosting illegal content. White label accounts will be given thirty (30) days notice.
Premium service is billed in advance on a monthly or yearly basis. All plans automatically recur at the interval you sign up for (monthly or yearly). Your access to the Service may be revoked for failure to pay any amount due within seven (7) calendar days of the due date; in these instances, access will not be restored until the overdue amount has been paid in full.
You can cancel your subscription at any time at https://clicky.com/user/cancel
so that it won't renew.
If you cancel your premium service early, we may refund your money for your remaining pre-paid term, if you ask. However, this is determined on a case by case basis, and requires you to remove the Code from all of your sites.
- Your maximum potential refund will be the last payment made, and will be pro-rated for how much pre-paid time is left in the billing cycle.
- Refunds will be based on the normal monthly rate rather than the discounted annual rate. (Annual payments are discounted heavily off the monthly equivalent in exchange for your commitment to a full year of service; hence, canceling early revokes your discount). For example, as of 2018 our standard Pro plan is $9.99/month or $79.99/year. If you had this $79.99 plan and canceled after 6 months, we would count that as 6 months of $9.99/month service ($59.94), so your refund would be $20.05.
White label service
- Set up fees are non-refundable and will be deducted from any potential refund.
Example disclosure with default privacy settings:
Example disclosure with visitor privacy
disabled, and custom data logging
We use Clicky
We log "personal data" to Clicky as follows, for the stated legitimate purposes: A "Unique ID" tracking cookie to identify unique visitors; your IP address for security and fraud prevention; and your username to help us to analyze visitor behavior and assist with customer service needs.
You may not
use the Service to track any of the following:
- items that are embedded on external/third-party websites (e.g. ads, widgets, etc)
- "typo squatting" domains
- sites considered "spammy", per our judgment
- sites containing viruses, trojans, or other harmful or illegal material
Representations and Warranties
You represent and warrant to us that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Roxr and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.
Roxr does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that we shall not be responsible for unauthorized access to or alteration of your data, regardless of the party at fault.
Term and Termination
Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages.
Upon any termination of this agreement, (i) Roxr will cease providing the Service to you; (ii) you will delete all copies of the Script from your web page(s); (iii) any outstanding balance payable by you to Roxr will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
You understand that keeping the Script on your website consumes our bandwidth (and hence, money) for every page view on your website. Failure to remove the Script from your website upon termination may force Roxr to take drastic measures to gain your compliance. Such measures are determined on a case by case basis.
Warranty and Disclaimer
THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
Limitations of Liability
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
THE COMPANY'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED THE AGGREGATE FEES PAID BY YOU TO US FOR USE OF THE SERVICE.
You agree to indemnify, hold harmless and defend Roxr, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Roxr or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Roxr or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Script code. In such a case, Roxr will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Roxr reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
The Site contains links to external sites. Roxr is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Roxr. Roxr disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.
Roxr shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control.
This Agreement shall be governed by and construed under the laws of the state of Oregon without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Oregon law, rules, and regulations, then Oregon law, rules and regulations shall prevail and govern.
All disputes between the parties arising from this Agreement shall be referred to and finally determined by arbitration of one arbitrator, conducted in the English language in the State of Oregon, U.S.A., and in accordance with the Expedited Arbitration Rules of the World Intellectual Property Organization ('WIPO'). The proceedings shall be secret and the award shall be final and binding on the parties, and each party consents to the award being enforced by order of any court of competent jurisdiction. The parties agree to waive any right to jury proceedings.
The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any notices to the Company must be sent by email to [email protected]
, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without our prior written consent, and any such attempt is void. The relationship between Roxr and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Changes to this Agreement
This Agreement is active as of the date below and is updated from time to time. We will notify you via your registered email address or a notice on this website prior to any significant changes becoming effective. You should periodically review this page for the latest information.
May 25 2018