Last updated 15.05.2018
This document is WhiteDiagnostic's 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 WhiteDiagnostic 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 www.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 WhiteDiagnostic and the Client;
“WhiteDiagnostic” means a company that has developed WhiteDiagnostic 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 WhiteDiagnostic 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.
“WhiteDiagnostic Services”, “Services” means Processing Software and Deployed Code, produced by WhiteDiagnostic 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 the Client by WhiteDiagnostic for the purpose of the Services usage.
“Processing Software” means the proprietary WhiteDiagnostic 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 WhiteDiagnostic 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 WhiteDiagnostic.
“Reports”, “Analytics” describes the result of analysis, available at WhiteDiagnostic website after the use of the Services.
2. The Subject
Under the conditions of these Terms of Service WhiteDiagnostic provides the Client with the use of the Deployed Code as needed for the usage of the WhiteDiagnostic Services allowing to collect User Data and/or compose the Reports or Analytics.
4. Rights and Obligations
4.1.1. has the right to update the operation of the Deployed Code or Processing Software, the interface and/or the content of the WhiteDiagnostic website with notification of the Client or without it;
4.1.3. doesn't to keep or pass any personally identifiable information (e.g., financial information, passwords, postal addresses, email addresses, telephone numbers, etc.)
4.2. The Client:
4.2.1. has the right to use the Services in accordance with the conditions of these Terms of Service;
4.2.4. is obliged to take full responsibility about information sharing among the resources' visitors, regarding cookie files usage for keeping confidential information.
4.2.5. is obliged to provide a notice on its website, explaining the aim of cookies or similar technologies usage (to collect anonymous traffic data) and requiring a prior informed consent on it;
4.2.8. is not entitled to perform acts aimed at disrupting the normal functioning of the WhiteDiagnostic Services and to use a special program containing malware;
4.2.9. is not entitled to use the Services or any part of it to collect personally identifiable information of Users;
4.2.10. 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 WhiteDiagnostic.
5. Client's Registration and Account
5.1. Completing the registration process, the Client provides WhiteDiagnostic with the current, complete and accurate information (account details) as prompted by the registration form and thereby creates a Client Account.
5.2. Only registered Client may use the WhiteDiagnostic Services and receive the Deployed Code.
5.3. After the Client has completed the registration, WhiteDiagnostic donates some virtual money to the Client’s balance available only for testing and estimating the Services. The Client can't withdraw any amounts of such virtual money.
5.4. All the Reports and Analytics will be published at the WhiteDiagnostic website and available to be viewed and downloaded by the Client via Client Account.
5.5. By registering on the WhiteDiagnostic 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 WhiteDiagnostic 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.
5.6. The Client agrees not to disclose to third parties its own access data (username and/or password). WhiteDiagnostic is not responsible for any damage caused to the Client and associated with the unauthorized access of third parties to the Client Account.
5.7. From time to time WhiteDiagnostic’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.
5.8. 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.
5.9. WhiteDiagnostic 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 WhiteDiagnostic management.
6. Fees and Payments
6.1. Applicable fees and pricing policy are specified on the WhiteDiagnostic website.
6.2. If the Client uses both Campaign Code and Site Code on the Client’s website which is granted by WhiteDiagnostic for use of the Services, WhiteDiagnostic will charge fees for both according to the amount of received requests.
6.3. Payments may be executed via wire transfer or PayPal.
6.4. All the payments committed by the Client in order to use the Services are non-refundable.
6.5. WhiteDiagnostic 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 WhiteDiagnostic website. Client’s continued usage of the Services will signify Client’s acceptance of such changes.
7. Non-Exclusive License
7.1. WhiteDiagnostic 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.
7.2. The License, use 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:
7.2.1. 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.
7.2.2. 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.
7.3. 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 delete all originals and copies of the Deployed Code or Documentation and certify to WhiteDiagnostic in writing within three (3) business days of termination and cease any further use of the Services without express WhiteDiagnostic’s written consent.
8. Intellectual Property Rights
8.1. WhiteDiagnostic possesses all the rights on the intellectual property associated with the Services, the Processing Software, Deployed Code and the WhiteDiagnostic website.
8.2. According to the above the Client assumes not to:
8.2.1. use the Services outside of the granted License, distribute or share it in any other way;
8.2.2. use brands, trademarks, copyright of any other intellectual property in possession of WhiteDiagnostic for any purpose without clear written permission from WhiteDiagnostic;
8.2.3. hide, remove or change any proprietary notice or copyright mark on any of the WhiteDiagnostic products.
9. The Acceptance of the Offer and the Duration of the Contract
9.1. The acceptance of these Terms of Service is equivalent to the conclusion of bilateral written Contract between WhiteDiagnostic and the Client. The Contract between WhiteDiagnostic and the Client shall be deemed to be concluded from the moment of the Client’s Registration on the WhiteDiagnostic website.
9.2. The Contract between WhiteDiagnostic and the Client is valid for the term of the Client’s use of the WhiteDiagnostic Services.
9.3. Either WhiteDiagnostic 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 WhiteDiagnostic within three (3) business days.
9.4. In case of any termination:
9.4.1. the Client will not be entitled to any refunds of any usage fees or any other fees;
9.4.2. all Reports and Analytics will no longer be available to the Client unless he/she buys it separately or elsewise stated.
10. Warranties and Liability
10.1. WhiteDiagnostic doesn't guarantee uninterrupted operation of the Services in the following circumstances:
10.1.1. problems with side internet servers or networks;
10.1.2. any problems with the Client’s local equipment, network connection etc.;
10.1.3. during the announced maintenance;
10.1.4. 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 WhiteDiagnostic servers location.
10.2. WhiteDiagnostic gives no warranties that the information received via the use of the Services, in Reports and Analytics, or elsewise, is correct, timely, and reliable.
10.3. The Services, the Deployed Code, Reports and Analytics are provided "AS IS". WhiteDiagnostic doesn't 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.
10.4. WhiteDiagnostic doesn't 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 WhiteDiagnostic and the Client.
10.5. WhiteDiagnostic doesn't 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 WhiteDiagnostic has been warned about a possibility of such damage. The total responsibility of WhiteDiagnostic 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.
10.6. White Diagnostic doesn't 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.
10.7. The Client shall take full responsibility for any claims, suits, proceedings and actions of third parties against WhiteDiagnostic, 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.
11. Governing Law
11.1. These Terms shall be governed by and construed in accordance with the laws of the State of California in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of California and further agree that any cause of action arising from or relating to the use of the Site or these Terms shall be brought exclusively in the Federal or State Courts residing in Los Angeles, California.
To the fullest extent of the law, you agree that any claim or cause of action arising from or relating to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
11.2. All disputes arising in connection with the execution of the Contract between WhiteDiagnostic and the Client, including any question regarding its existence, validity, interpretation, application or termination, shall be resolved through negotiations. If the disputes can't be resolved by negotiation, the disputes shall be settled in accordance with the applicable legislation of the State of California in the United States.
12.1. 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 WhiteDiagnostic Services in violation or nonfulfillment of any of the terms is prohibited.
12.2. All the Clients’ statements and requests regarding the WhiteDiagnostic Services should be sent to the e-mail: firstname.lastname@example.org. WhiteDiagnostic undertakes to respond to the Clients’ requests within 1 (one) month from the date of receipt of these statements.
12.3. 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.