This document is the White Diagnostic official public offer addressed to indefinite scope of persons to conclude a contract on the conditions stated below.
These Terms of Service is a legal agreement between White Diagnostic and You.
1. Terms and Definitions
“Public offer”, “Offer” means the text of the present document with all annexes, amendments and supplements thereto, posted on and which is available at whitediagnostic.com;
“Offer acceptance” means full and unconditional acceptance of the Offer by the Client through performing actions specified in this Offer, which creates the Contract between White Diagnostic and the Client;
“White Diagnostic” means a company that developed the White Diagnostic Services and providing them to the Client under the conditions of these Terms of Service;
“Client” means an individual or representative of a company, agent or authorized employee, who has accepted the Offer in accordance with its conditions in order to use the White Diagnostic Services;
“User” means any user of Client’s website;
“Client’s website” means website for which Deployed Code has been provided or the use of Services has been authorized.
“White Diagnostic Services”, “Services” means Processing Software and Deployed Code, produced by White Diagnostic for analysis of the User Data and/or composition of the Reports or Analytics.
“Deployed Code” defines any instance of software (Campaign Code, Site Code), granted to Client by White Diagnostic for the purpose of the Services usage.
“Processing Software” means the proprietary White Diagnostic software including all the updates and plugins, used to analyze the User Data and/or generate the Reports or Analytics.
"Documentation" means any accompanying proprietary documentation made available to the Client by White Diagnostic for use with the Services, including any documentation available online or otherwise.
“User Data” is any anonymous traffic information generated during the use of the Services and collected by White Diagnostic.
“Reports”, “Analytics” describes the result of analysis, available at White Diagnostic website after the use of the Services.
2. The Subject
Under the conditions of these Terms of Service White Diagnostic provides the Client with the use of the Deployed Code as needed for the usage of the White Diagnostic Services allowing to collect User Data and/or compose the Reports or Analytics.
3. Rights and Obligations
3.1. White Diagnostic:
3.1.1 has the right to update the operation of the Deployed Code or Processing Software, the interface and/or the content of the White Diagnostic website with notification of the Client or without it;
3.2.1 has the right to use the Services in accordance with the conditions of these Terms of Service;
3.2.4 obliged to provide on its website a notice explaining the aim of cookies usage or similar technologies (to collect anonymous traffic data) and requiring a prior informed consent on it;
3.2.7 is not entitled to perform acts aimed at disrupting the normal functioning of the White Diagnostic Services and to use a special program containing malware;
3.2.8 is not entitled to use the Services or any part of it to collect personally identifiable information of Users;
3.2.9 is not entitled to put upon the third party websites any part of the Deployed Code or transfer Documentation to third parties without written direct and clear permission of White Diagnostic.
4. Client Registration and Client Account
4.1 Completing the registration process, the Client provides White Diagnostic with the current, complete and accurate information (account details) as prompted by the registration form and thereby creates a Client Account.
4.2 Only registered Client may use the White Diagnostic Services and receive the Deployed Code.
4.3 After the Client has completed the registration, White Diagnostic donates some virtual money to the Client’s balance available only for testing and estimating the Services. The Client cannot withdraw any amounts of such virtual money.
4.4 All the Reports and Analytics will be published at the White Diagnostic website and available to be viewed and downloaded by the Client via Client Account.
4.5 By registering on the White Diagnostic website, the Client confirms that he/she is of legal age, has sufficient capacity and competence in accordance with the laws of his/her state, and also undertakes the admittance not to use the White Diagnostic Services as well as Client Account by minors, legally incompetent, legally incapacitated (including partially capable) and is personally responsible for the admission of such people to such usage.
4.6 The Client agrees not to disclose to third parties its own access data (username and/or password). White Diagnostic is not responsible for any damage caused to the Client and associated with the unauthorized access of third parties to the Client Account.
4.7 From time to time White Diagnostic’s support staff may log into Client Account in order to provide the assistance with technical or billing issues. The Client hereby acknowledges and consent to such access.
4.8 The fact of registration confirms that the Client fully understands all the rights and obligations, and the Client unconditionally accepts and agrees to be bound and abide by these Terms of Service.
4.9 White Diagnostic allows only one account per business entity or customer - it is strictly prohibited to own or use multiple accounts and logins for the same purpose without explicit written permission from White Diagnostic management.
5. Fees and Payments
5.1 Applicable fees and pricing policy are specified on the White Diagnostic website.
5.2 If the Client uses both Campaign Code and Site Code on the Client’s website which is granted by White Diagnostic for use of the Services, White Diagnostic will charge fees for both according to the amount of received requests.
5.3 Payments may be executed via wire transfer or PayPal.
5.4 All the payments committed by the Client in order to use the Services are non-refundable.
5.5 White Diagnostic may change its fees and pricing policy for the Services from time to time with the prior notification of the Client or without it. Such changes will be posted on the White Diagnostic website. Client’s continued usage of the Services will signify Client’s acceptance of such changes.
6. Non-Exclusive License
6.1 White Diagnostic hereby grants the Client a limited, revocable, non-exclusive, non-sublicensable license (hereinafter the “License”) to install, copy and use the Deployed Code solely as necessary to use the Services for one or more Client’s websites, according to these Terms of Service.
6.2 The License, use of and access to the Services (which may include, without limitation, the Deployed Code, Documentation and the Reports or Analytics) is conditioned upon Client’s compliance with these Terms of Service, including, but not limited to the following:
6.2.1 The Client will not allow any third party to (a) access, copy, modify, adapt, translate or elsewise create derivative works of the Processing Software, Deployed Code, Reports or Analytics or the Documentation; (b) reverse engineer, decompile, disassemble or elsewise attempt to discover the source code of the Deployed Code; (c) rent, lease, sell, assign or elsewise transfer rights in or to the Deployed Code, the Processing Software, the Documentation or the Services; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Services, Deployed Code or the Processing Software.
6.2.2 The Client will use the Services and Reports or Analytics solely for his/her own internal use, and will not make the Services available for timesharing, application service provider or service bureau use. The Client will comply with all applicable laws and regulations in its use of and access to the Documentation, Processing Software, Services, Deployed Code and Reports or Analytics.
6.3 This License will terminate immediately if the Client fails to comply with the conditions of the Section 6. Upon such termination the Client is obliged to destroy all originals and copies of the Deployed Code or Documentation and certify to White Diagnostic in writing within three (3) business days of termination and cease any further use of the Services without express White Diagnostic’s written consent.
7. Intellectual Property Rights
7.1 White Diagnostic possesses all the rights on the intellectual property associated with the Services, the Processing Software, Deployed Code and the White Diagnostic website.
7.2 According to the above the Client assumes not to:
7.2.1 use the Services outside of the granted License, distribute or share it in any other way;
7.2.2 use brands, trademarks, copyright of any other intellectual property in possession of White Diagnostic for any purpose without clear written permission from White Diagnostic;
7.2.3 hide, remove or change any proprietary notice or copyright mark on any of the White Diagnostic products.
8. The Acceptance of the Offer and the Duration of the Contract:
8.1 The acceptance of these Terms of Service is equivalent to the conclusion of bilateral written Contract between White Diagnostic and the Client. The Contract between White Diagnostic and the Client shall be deemed to be concluded from the moment of the Client’s Registration on the White Diagnostic website.
8.2 The Contract between White Diagnostic and the Client is valid for the term of the Client’s use of the White Diagnostic Services.
8.3 Either White Diagnostic or the Client may terminate the Contract at any time. Upon termination of the Contract Client is obliged to delete all the copies of the Deployed Code from the Client’s website and received Documentation and certify thereto in writing to White Diagnostic within three (3) business days.
8.4 In case of any termination:
8.4.1 the Client will not be entitled to any refunds of any usage fees or any other fees;
8.4.2 all Reports and Analytics will no longer be available to the Client unless he/she buys it separately or elsewise stated.
9. Warranties and Liability
9.1 White Diagnostic does not guarantee uninterrupted operation of the Services in the following circumstances:
9.1.1 problems with side internet servers or networks;
9.1.2 any problems with the Client’s local equipment, network connection etc.;
9.1.3 during the announced maintenance;
9.1.4 in case of force majeure, such as riots, energy shutdowns, earthquakes, floods, fires, government actions, wars, natural disasters, Internet connection disorders in the areas of the Client or White Diagnostic servers location.
9.2 White Diagnostic gives no warranties that the information received via the use of the Services, in Reports and Analytics, or elsewise, is correct, timely, and reliable.
9.3 The Services, the Deployed Code, Reports and Analytics are provided "AS IS". White Diagnostic does not warrant and takes any responsibility for 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.
9.4 White Diagnostic does not claim and takes any responsibility for the Services, the Processing Software, Reports and Analytics are suitable for the Client’s needs, contain no errors, will operate without interruption. These exclusions are the basis for formation of the pricing policy for using the Services, and an essential part of the Contract between White Diagnostic and the Client.
9.5 White Diagnostic does 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 total responsibility of White Diagnostic to the Client in case of any damage or losses, arising from any claims or suits related to these Terms of Service, should not exceed the sum that the Client has paid for the Services, whichever is less.
9.6 White Diagnostic does not collect any personal identifiable data of third parties and is not responsible for any breach of the national law or EU ePrivacy Directive, EU General Data Protection Regulation and EU Data Protection Directive committed by the Client while using the Services.
9.7 The Client shall take full responsibility for any claims, suits, proceedings and actions of third parties against White Diagnostic, including but not limited to its officers, affiliates, directors, agents, employees, and agree to solve such cases at its own cost, including possible attorney fees, damages, penalties, fines, and other expenses, that are related to: 1) any representations or guarantees given by the Client to third parties regarding any aspect of the Services, the Deployed Code, Reports and Analytics; 2) any suits and claims of third parties directly or indirectly arising out of Client’s use of the Services, the Deployed Code, Reports and Analytics; 3) breach of any obligations of confidentiality made by the Client to the third party.
10.1 The Client guarantees that all the conditions of these Terms of Service are clear and the Client accepts them unconditionally and to the full extent. The use of the White Diagnostic Services in violation or nonfulfillment of any of the terms is prohibited.
10.2 All the Clients’ statements and requests regarding the White Diagnostic Services should be sent to the e-mail: [email protected] White Diagnostic undertakes to respond to the Clients’ requests within 1 (one) month from the date of receipt of these statements.
10.3 All disputes arising in connection with the execution of the Contract between White Diagnostic and the Client, including any question regarding its existence, validity, interpretation, application or termination, shall be resolved through negotiations. If the disputes cannot be resolved by negotiation, the disputes shall be settled in accordance with the applicable legislation of The United Kingdom of Great Britain and Northern Ireland.
10.4 If for whatever reason one or more provisions of these Terms of Service are invalid or unenforceable it has no effect on the validity or enforceability of the remaining provisions of these Terms of Service.