Terms and Conditions

Welcome and thank you for your interest in Amplytics. The Amplytics website and Amplytics Software as a Service (SaaS) platform are owned and operated by Bay Leaf Partners, LLC.

1. Definitions

The terms “Amplytics,” “we,” “us,” and “our” refer to Bay Leaf Partners, LLC.

The term “Website” refers to amplytics.com, and “Service” refers to Amplytics software as a service.

The terms “you” and “your” mean any user of this Website and of Amplytics software as a service.

The terms “Terms” and “Terms and Conditions” refers to these terms and conditions.

2. Acceptance of Terms

By accessing or using the Website or the Service, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please refrain from using the Website or the Service.

3. Description of Service

Amplytics provides a cloud-based software platform designed to track, provide notifications and recommendations for changes in marketing campaign metrics. Access to the Service may require registration, and certain features may be subject to additional terms. 

3.1 Modification of the Service 

Amplytics reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Amplytics will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Service fees are not refundable.

4. Registration and Accounts

4.1 Eligibility 

You must be at least 18-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the applicable Service; and (c) your registration and your use of the Service is in compliance with any and all laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. 

4.2 User Registration 

You must register for an account to use the Service. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree to provide accurate, current, and complete information during the registration process and to update such information to maintain its accuracy. When you register, you will be asked to create a password. You are responsible for safeguarding your account credentials and are liable for all activities conducted under your account. 

4.3 Access Credentials 

You agree to keep your access credentials confidential and not share them with third parties. You are responsible for any unauthorized access or actions on your account. If you believe your account is no longer secure, then you should immediately notify us at support@amplytics.com

5. Fees and Payments

5.1 Subscription Fees 

Access to the Service may be subject to subscription fees. You agree to pay all applicable fees as per the pricing and payment terms outlined on our Website or in a separate agreement. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms. Fees vary based on the plan. 

5.2 Payment Information 

You must provide accurate payment information, and you authorize us to charge your chosen payment method for all fees incurred. Failure to pay may result in the suspension or termination of your account. 

5.3 Authorization 

You authorize Amplytics to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Amplytics, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Amplytics may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. 

 5.4 Refunds 

You may cancel your subscription at any time. When you cancel the subscription, you will no longer be charged for the service in the subsequent month. You will continue to have access to the service till the end of the subscription period. We do not refund money for unused subscription time. 

5.5 Delinquent Accounts 

Amplytics may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Amplytics reserves the right to delete your account and any information associated with your account without any liability to us.

6. Use of the Service

6.1 Acceptable Use 

You agree to use the Service in compliance with all applicable laws and regulations and to refrain from engaging in any harmful, illegal, or unethical activities. 

6.2 Data Restrictions 

You are solely responsible for the data you upload or transmit through the Service. Amplytics reserves the right to remove or restrict any data that violates these Terms and Conditions.

7. Privacy Policy

Our Privacy Policy governs the collection, use, and disclosure of your personal information. By using the Service, you consent to our Privacy Policy.

8. Confidentiality

You agree that you shall treat as confidential all information provided by Amplytics regarding such party’s business and operations, including without limitation the investment activities or holdings. All confidential information provided by a party hereto shall be used by any other parties hereto solely for the purposes of rendering Services pursuant to these Terms and, except as may be required in carrying out these Terms, shall not be disclosed to any third party without the prior consent of Amplytics. The foregoing shall not be applicable to any information that is publicly available when provided or which thereafter becomes publicly available or which is required to be disclosed by any regulatory authority in the lawful and appropriate exercise of its jurisdiction over a party, any auditor of the parties hereto, by judicial or administrative process or otherwise by applicable law or regulation.

9. Intellectual Property

9.1 Ownership 

Amplytics retains all intellectual property rights in the Service, including but not limited to software, logos, trademarks, and content created by Amplytics. 

9.2 License 

You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose during the term of your subscription.

10. Termination

You may cancel your subscription at any time. Terms of refund are described in the refunds section. We may cancel your subscription if we suspect violation of stated Terms and Conditions.

11. Limitation of Liability

In no event shall either party or their respective affiliates, be liable for any loss of profits, loss of use, business interruption, loss of data, cost of substitute goods or services, or for any punitive, indirect, special, incidental, or consequential damages of any kind in connection with or arising out of the performance of or failure to perform this agreement, whether alleged as a breach of contract or tortious conduct, including negligence, even if a party has been advised of the possibility of such damages. 

In no event shall either party’s total, cumulative liability under any ordering document exceed the amount paid or payable by you to Amplytics under this agreement for the affected products, support services, and/or services delivered and/or made available you under such ordering document for the twelve (12) month period immediately prior to the first event giving rise to liability. 

12. Disclaimer of Warranties

The products, services, and support services are provided “as is” without warranty of any kind and Amplytics makes no additional warranties, whether expressed, implied or statutory, regarding or relating to the products, services and/or support services or any materials furnished or provided to you under this agreement. To the maximum extent permitted under applicable law, Amplytics specifically disclaims all implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products, services and support services and any materials furnished or provided to vendor under this agreement.
 

13. Governing Law and Jurisdiction

These Terms and Conditions are governed by the laws of Texas, United States, and any disputes shall be resolved in the courts of Texas, United States.

14. Changes to Terms

Amplytics may update these Terms and Conditions at any time, and such changes will be effective upon posting on our Website. You are responsible for reviewing these terms periodically. 

14.1 Consent to Electronic Communications 

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

15. Contact Information

For any questions or concerns regarding these Terms and Conditions, please contact us at hello@amplytics.com. 

By using the Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. 

Last Updated: 28 May 2024