TERMS OF SERVICE

September 15, 2015

White Diagnostic (herein "White Diagnostic", "the Company", "we", "us") is running WhiteDiagnostic.com, and we are happy to have You as a client(whether You are an individual or representative of a company, agent or authorized employee, collectively "You"). Terms of service, described in this document, apply to all uses of this website, including particular use of its services and functions ("the Services"). It is important to read the following Terms of Service, despite our intention to make everything as clear and simple as possible, because Your use of our Services assumes Your complete agreement with all the statements of these Terms of Services, as it is. In spite of any agreements signed with our company, these Terms of Service act as an additional agreement every user of our services accepts by default. All entities, whether it is individual clients or companies, using our Services, are assumed to have completely accepted these Terms of Services without any modifications and conditions, as they are stated here, with all updates to these Terms, as a part of any other agreement signed.

1. DEFINITIONS

"Accounts" includes Your billing account, one or many, required to use the Services, and associated username and password; it is defined exactly in Your Customer Agreement or during the Sign Up procedure.

"Customer Data" is any information generated during the use of the Service and collected by the Company, which remains the property of the Company.

"Code Block", "Detection Code", "Detection Tag", "Deployed Code" defines any instance of code, granted to You for the use of the Services, particularly the Processing Software, allowing the use of the Services separately from the Website.

"Documentation" covers any proprietary documentation, related to the Services, Processing Software and other White Diagnostic property, made available to You by White Diagnostic online or differently.

"Processing Software", "Software" means any software produced or granted by White Diagnosticluding all updates and plug-ins, used for analysis of Customer Data and/or composition of the Reports or Analytics.

"Profile" is the whole set of properties adjusting the final representation of a particular Report. One user can establish several profiles to receive several representations of Reports for single site.

"Reports", "Analytics" describes the result of analysis, exposed to the client as a consequence of processing of the information by our Services.

"Servers" are the computers and the software on such computers, controlled and used by White Diagnostic to process and store Customer Data.

"Site" is the web pages related to the Account, which use Deployed Code, or participate in the use of the Service according to the Customer Agreement.

"Software" defines any of Deployed Code and Processing Software, or both.

2. SERVICES AND PAYMENTS

Both the particular aspects of the Services that we have agreed to provide and the payments You have agreed to make for such services are stipulated within Your personal Customer Agreement, our Pricing Policy and these Terms of Service. Payments and fees may change depending on the costs of third-party data, included in the Reports and Analytics, granted by White Diagnostic, in case the vendors of such data charge White Diagnostic, its subsidiaries or corporate parents to pay for it. Our clients will receive notification about such changes via e-mail, and the according information will appear on our Website 30 days before the changes take place. The continuation of usage of our Services would be a sign of Your acceptance of such changes. All payments are set in U.S. Dollars, unless it is declared clearly. If, upon the termination of relationship (Customer Agreement) between Client and White Diagnostic, there will be any debts on the Client balance, those debt should be paid immediately; otherwise the expenses of White Diagnostic, related to collection of such debts, including attorney’s costs, can be charged to the Client’s credit card, or other mechanisms in addition to the original debt.

3. REFUТD POLICY

Refunds on unused service periods are available subject to the following terms and conditions.

• Refunds will not be issued for those who break our Terms and conditions.
• We have a 30-day money back guarantee policy for anyone who is not completely satisfied with our service plans within the first 30 days of sign up. To receive a full refund please contact our Sales Department through out Ticket System.
• Cancellation requests received after 30 days from the initial receipt of service non-refundable if at least one day of next billing period will be used.

4. ACCOUNT, PASSWORD AND SECURITY

In order to execute Customer Agreement and become able to use the Services, You must complete the registration process, providing all the necessary information as demanded by the form. The information must be complete, accurate and up to date. Your username, password, e-mail address and payment information become a part of your Account. You take full responsibility for the use of Your Account; You must not share Your password with anyone and You must protect it in every way needed. Section 9 of this document defines possibilities to share Your access and use of your Account with third parties. The responsibility for all activities occurred under Your Account lies on You. You must notify White Diagnostic in case of any unauthorized access to Your Account or any suspicious behavior that may indicate security breach. The company support staff may log into Your Account in case You need assistance with technical issues, billing, or to improve and maintain existing services. By using our Services, You state that You are aware of that and agree to such terms of service.

5. NON-EXCLUSIVE LICENSE

According to your Customer Agreement, You receive non-exclusive, non-transmissible, defeasible license from White Diagnostic, allowing You to install, use and copy Deployed Code as needed for the usage of the Services, for any and all of Your websites, or to use the Services via the Website. You are allowed to view and download Reports and Analytics from our Website as a part of the license. Your use of the license in any way indicates Your agreement to the Terms of Service and Your responsibility for use of the Services, Documentation, the Website, Software and Reports or Analytics. You agree not to: 1) create any derivative content by copying, modifying, translating, adapting or in any other way interacting with the Software, Documentation, Deployed Code, Analytics and Reports, or allow any third-party doing it; 2) discover the source code of the Software in any way, including but not limited to reverse engineering, disassembling, decompiling of any elements of the Software, including Deployed Code; 3) transfer rights to the Service, Software, Deployed Code, Analytics, Reports and Documentation of the Service in any way, such as leasing, renting, selling or assigning; 4) remove or conceal any proprietary notices and marks within Deployed Code and Documentation, and the Services; 5) interfere with the operation of the Software, Deployed Code and the Services in any manner, including posting, transmitting and introducing any software, devices or routine that may attempt to do it. You must use the Software, the Services and Documentation only for Your own internal use, and You must not share the Services or any results of its work with any third parties or make it available for any timesharing or service bureau use. In Your use of the Services, Software and Documentation, and access to any part of the Services, Documentation, Reports and Analytics, You shall abide by law. In case You intentionally or otherwise break the rules of the Agreement, the license terminates immediately. If this is to happen, You will destroy all Software, Documentation, Deployed Code and other property of White Diagnostic in Your possession, and notify White Diagnostic within 3 (three) business days. You will not use the Services, Software and Reports or Analytics, belonging to White Diagnostic, without clear written permission from the Company.

6. CONFIDENTIAL INFORMATION

"Confidential information" is any information, disclosed by one side of the agreement to another in written form and marked "confidential". Information that is disclosed orally, can obtain the status of Confidential Information in case it is reduced to writing with according mark within 5 (five) business days. Customer Information, the Software, Documentation, Reports and Analytics, the Deployed Code and Нour username and password are confidential information by default. Any information that is public or becomes public, as well as information, developed by the side of the agreement without use of Confidential Information, or which is in possession of the side before the disclosure, does not belong to Confidential Information. Confidential Information of any side of the agreement does not belong to disclosure other than from a written permission of the side that has disclosed that information, except for the needs caused by the Customer Agreement and under the obligations arising from it, or by a legitimate claim of the court, regulation or law. In this case, the side that has to disclose the other side Confidential Information, has to notify the other side that such Confidential Information is being disclosed within the confines of traditional practice of such notifications, before it discloses such information. If the Customer Agreement is being terminated, the sides who possess the other side's Confidential Information will return such information to the original owner or destroy it, and provide a verification of that, shall the owner consider it necessary. Username and password for Your Account are Confidential Information, and You are responsible for any use or misuse of Your Account, once it is used under Your username and password. You shall not disclose Your username and password to any third person or company, protecting it by all means. You shall notify White Diagnostic in case of any signs of security breach, or if You suspect an unauthorized use of your Account.

7. RIGHTS ON INFORMATION

White Diagnostic, according to the above mentioned, and including Privacy Policy, reserves the right to collect, use, and disclose Your Customer Information, and other information, if such information leaves out characteristics and details that can identify You, Your websites, or Your clients, to improve the Services, make Reports and Analytics more accurate, and provide generalized information to clients. Information retained from Your use of the Service, may be used by White Diagnostic according to the Privacy Policy. White Diagnostic will not use Your information in any other way, except for said above and unless 1) we have Your permission; 2) we must do it according to law, or in case if the use of such information is inevitable due to protection of rights or property of White Diagnostic, its clients or other people; 3) it is necessary for performing the tasks entrusted to White Diagnostic, such as billing or data storage (not allowing improper use of sharing of such information). In this case, all processing and use of information goes on terms of White Diagnostic, ensuring the security and confidentiality of such information.

8. ANONYMITY

You must not use the Service or any part of it to collect personally identifiable information or track internet users, nor should You allow the third companies or persons do it, in relation to any data gathered from our Services and / or Your websites. You must transparently disclose Your privacy policy on Your website, and act according to national law and regulations in part related to collecting of personal information of Your site users. You must provide a notice regarding Your use of cookies and other instruments, collecting the traffic data.

9. RESPONSIBILITY

You hold responsibility for any claims, suits, proceedings and actions against White Diagnosticluding but not limited to its officers, affiliates, directors, agents, employees and clients, brought by any third party, and agree to solve such cases at Your own cost, including possible attorney fees, damages, penalties, fines, and other expenses, that were caused by: 1) Your violation of these Terms of Service; 2) Your use of the Service; 3) any offence against the law or regulation, associated with Your use of the Service; 4) suits, claims and actions connected with Your brand. White Diagnostic shall notify You about such suit, claim or action and provide You with necessary documents and details. Your full cooperation in the defense of such claims is a part of Your responsibility according to these Terms of Service. The Company reserves the right to control any of such cases and take the defense upon itself.

10. THIRD-PARTY SUBJECTS

Terms of the Section 9 apply to You in case You allow any third persons or companies access or use Your Account, or if You use the Services to provide the collected information for such entities, both if You have a permission from White Diagnostic, and if You do not. If You use the Service in order to provide any third party with the collected information, You verify that 1) the third party authorizes You to act on their behalf and to bind them to this Agreement; 2) all Your rights that may be associated with the Account belong to the third party; 3) You have no right to copy, share and control the third party’s Customer Data without the according permission from the third party. You verify that any third party in such case is aware of these Terms of Service and Customer Agreement and acts according to them. White Diagnostic does not give any guarantees or take any responsibilities regarding any third party interests. You shall give up any warranties or representations related to White Diagnostic and its subsidiaries, the Software, Reports and Analytics, the Software and its use. You shall take full responsibility for any claims, suits, proceedings and actions of third parties against White Diagnosticluding but not limited to its officers, affiliates, directors, agents, employees and clients, and agree to solve such cases at Your own cost, including possible attorney fees, damages, penalties, fines, and other expenses, that are related to: 1) any representations or guarantees given by You to third parties regarding any aspect of the Service, the Software, Reports and Analytics; 2) any suits and claims of third parties directly or indirectly arising out of Your use of the Services, the Software, Reports and Analytics; 3) breach of any obligations of confidentiality made by You to the third party; 4) claims and suits related to activity or inactivity of the third party in use of any Customer Information, the Services, the Software, Reports and Analytics. No part of the Software or Deployed Code should be put upon the third party websites without their direct and clear permission.

11. DISCLAIMER

Information and reports, including Reports and Analytics, generated by use of the Service, can contain typographical mistakes and inaccuracies. The information provided in Terms of Services, Privacy Policy and other sections, may update and change time to time. The Services and the Software can be changed when necessary to improve the quality of the Services by White Diagnostic of its trusted suppliers, with or without notice. White Diagnostic does not guarantee that the Service, the Software and other resources related to White Diagnostic do not contain potentially harmful code, viruses, or defects, and does not guarantee that such defects will be fixed. White Diagnostic gives no warranties that the information received via the use of the Services, in Reports and Analytics, or otherwise, is correct, timely, and reliable. White Diagnostic takes no responsibility for unauthorized access to, change of or damage to your website data, your Customer Data and other information. The Services, the Software, Reports and Analytics are provided "AS IS". White Diagnostic does not warrant and takes no responsibility for that the Software, the Services, the Documentation, Reports and Analytics are accurate, merchantable, and suitable for a particular usage, possess high quality, reliability, high performance, and are effective in any sphere. None of such warranties arises from trade usage, course of dealing etc. White Diagnostic does not claim and takes no responsibility for that the Services, the Software, Reports and Analytics is suitable for Your needs, contain no errors, shall operate without interruption. These exclusions are the basis for formation of the price policy for using the Services, and an essential part of the Customer Agreement. If Your State law does not allow such exclusions from the warranties, this disclaimer does not apply to You.

12. LIMITATION OF RESPONSIBILITY

White Diagnostic and its affiliates do not take any responsibility for any consequential, special, punitive or incidental damage (including profit losses and data losses or damages), based on warranty, claim, action of contract, breach of statutory duty, delict and other, even if White Diagnostic has been warned about a possibility of such damage. The following paragraph contains the information about exclusive remedy, but it does not apply to any exclusions mentioned in this paragraph, whether the remedy has failed or not. If Your State law does not allow such exclusions from the warranties, this and the following paragraphs do not apply to You. The total responsibility of White Diagnostic to you in case of any damage or losses, arising from any claims or suits related to the Customer Agreement and / or Terms of Service, shall not exceed 500 U.S. Dollars, or the sum that You have paid for the Services for the moment, whichever is less.

13. SERVICES CONDITIONS

White Diagnostic does not guarantee uninterrupted operation of the Service in following circumstances: 1) problems with side internet servers or networks; 2) any problems with Your side local equipment, network connection etc.; 3) during the announced maintenance; 4) in case of force majeure, such as riots, energy shutdowns, earthquakes, floods, fires, government actions, wars, natural disasters, Internet connection disorders in areas of Your or White Diagnostic servers location. White Diagnostic does not guarantee complete accuracy of the Services, in Reports and Analytics at all times. If White Diagnostic servers would be unable to handle a specific request made by You via the Services, You will not have to pay for such request.

14. INTELLECTUAL PROPERTY RIGHTS

White Diagnostic and its wholly owned affiliates possess all rights on the intellectual property associated with the Service, the Software, Deployed Code and the Website. All the rights related to the Service, the Software, and the Documentation and else that are not transparently granted to You according to Customer Agreement and above, herein are proclaimed solely the property of White Diagnostic and its wholly owned affiliates. According to the above, You assume Your obligations not to: 1) use the Services outside of the White Diagnostic License Agreement, distribute it or share in any other way; 2) discover the source code of the Software in any way, including but not limited to reverse engineering, disassembling, decompiling of any elements of the Software, including Deployed Code, or try to trade Confidential Information related to the Service; 3) use brands, trademarks, copyright or any other intellectual property in possession of White Diagnostic for any purpose without a clear written permission from the Company; 4) try to register or actually register (or help anyone to do it) a trademark, brand, copyright, logo, domain, or any else subject of intellectual property of White Diagnostic or its affiliates without the according permission from White Diagnostic; 5) hide, remove or change any proprietary notice or copyright mark on any of the White Diagnostic products.

15. U.S. GOVERNMENT CONTRACTS

Once the Customer Agreement is signed with one of the prime contractors, subcontractors of U.S. Government, or the Services are used on behalf of U.S. Government, according to 48 C.F.R. 227.7202-4 (regarding Department of Defense) or 48 C.F.R. 2.101 and 12.212 (for other structures), the rights on the Software, the Documentation and other information and objects of intellectual property, including the rights to use, trade, disclose, reproduce and modify any objects of it, are regulated by commercial license and this Agreement.

16. EXPIRATION OF AGREEMENT

Any side of the Agreement has the right to cancel the Agreement anytime and for any reason. Once the Agreement is cancelled, or expired, White Diagnostic will stop providing the Service to the Customer, and the Customer shall remove all the objects of intellectual property of White Diagnostic, such as Deployed Code, Reports and Analytics, the Software and Documentation, from the Customer's possession. On such removal the Customer shall notify White Diagnostic and provide certification of such removal, if demanded, within 3 (three) business days after the termination of the Agreement. In case of such cancellation, 1) You will not have the right to demand refunding of any payments for the Services made according to the Customer Agreement; 2) any debts and negative balances on Your Account, including payment obligations that were not performed before the cancellation, shall be paid immediately and completely; 3) none of Your Historical Report data remain accessible for your, unless You buy it separately, or the foregoing is declared differently in Your exclusive Customer Agreement.

17. CHANGES IN TERMS OF SERVICES AND OTHER POLICIES, CONFLICTS OF AGREEMENTS

White Diagnostic reserves the right to modify at any time any conditions, rules and terms of its Terms of Service, Privacy Policy and other documents, controlling the Services, by uploading and posting new Terms of Services and Policies on the Website, or via other sources. While White Diagnostic obliges to post and notify You via any convenient channel about any amendments and changes in Terms of Service, it is Your responsibility to stay aware of such changes, regularly reviewing the according documents. If You disagree with any modifications, please, terminate Your Customer Agreement, and cease the use of the Services. Any modifications to Terms of Service and Policies become binding only in case 1) authorized representative of White Diagnostic signs it in writing; 2) You clearly certify your agreement to the new Terms of Service and Policies online; 3) You continue the use of the Service, the Software, Deployed Code and other intellectual property of White Diagnostic after such modifications are published. Your Customer Agreement terms and conditions are superior to such of these Terms of Service and Policies, posted online, unless otherwise is clearly expressed.

18. MISCELLANEOUS

White Diagnostic responsibility for performing the terms and conditions of the Customer Agreement, Terms of Service and Privacy Policy is limited by the White Diagnostic reasonable control of such performance. You Customer Agreement along with these Terms of Services, in relation to their subject, are superior to any previous agreements that may have been signed between You and White Diagnostic. If any condition of these Terms of Service and / or Your Customer Agreement happens to be impracticable, such conditions shall be modified to the extent necessary to allow their execution, to the maximum satisfaction of both sides; all other conditions shall retain their effect in full force. This Agreement shall be understood and performed according to the laws of the United Kingdom, and possible law principles conflicts shall have no consequences. In case of any conflict between the United Kingdom law and any other foreign regulations and laws, United Kingdom law shall have the advantage. The courts of United Kingdom shall have the exclusive and personal jurisdiction for both sides of the Agreement. The United Nations Conventions on Contract for the International Sale of Goods and the Uniform Computer Information Transactions Act is not applicable to this Agreement. You cannot transfer, or assign Your rights arising from the Customer Agreement or these Terms of Service to any third party, and any such action will have no effect, without a prior written consent of White Diagnostic. The partnership between You and White Diagnostic bases on the principles of partnership of independent contractors. The terms and conditions of this Agreement shall remain in legal power for the respective successors and subjects of assignment of the sides of the Agreement.