PREDICTRON LABS

Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES OFFERED BY PredictronLabs INC ("PREDICTRONLABS").

A. Recitals

1.     PredictronLabs provides the predictronlabs.com  web site, the PredictronLabs API and any other services of PredictronLabs subject to these Terms of Service. These Terms and Conditions of Use (the "Terms of Service") apply to the PredictronLabs web site located at PredictronLabs.com, the PredictronLabs API located at api.predictronLabs.com, all the software applications developed, hosted and offered via the Internet by PredictronLabs, and all associated sites linked to PredictronLabs.com by PredictronLabs Inc, its subsidiaries and affiliates, including PredictronLabs sites around the world (collectively, "the PredictronLabs Services"). The PredictronLabs Services are the property of PredictronLabs and its licensors.

2.     By creating an account or using PredictronLabs.com, Observatory.PredictronLabs.com or any PredictronLabs Services, you are agreeing to be bound by the Terms of Service. If you do not agree, do not use any of the PredictronLabs services.

3.     PredictronLabs is a registered trademark owned by PredictronLabs, Inc.

B. Parties

1.     This is a legal agreement ("Agreement") between You (the "User") and PredictronLabs Inc, for use of any of the PredictronLabs Services.

2.     PredictronLabs Inc is a London, UK based company.

3.     If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the PredictronLabs services through your account to these Terms of Services, in which case the terms "You" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the PredictronLabs Services.

4.     No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and PredictronLabs is intended or created by this Agreement.

5.     PredictronLabs’ relationship to You is that of an independent contractor, and neither You nor PredictronLabs is an agent or a partner of the other. PredictronLabs will not have, and will not represent to any third party that it has, any authority to act on your behalf.

C. Alpha Testing

1.         The PredictronLabs Services are currently in Alpha test.

2.         At this time, PredictronLabs makes no promises or guarantees that the PredictronLabs services are free of bugs or irregularities.

3.         At this time, PredictronLabs makes no promises or guarantees as to its continued ability to provide any or all the PredictronLabs Services and all the current features to the User.

4.         At this time, PredictronLabs makes no promises or guarantees as to the Services availability (i.e., uptime), disaster recovery, system performance, and/or scheduled downtimes for maintenance. If you are interested in a support level agreement tailored to your specific needs please contact us at support@PredictronLabs.com.

D. PredictronLabs.com

PredictronLabs.com is composed of a number of software applications that are offered via the Internet through a web sites owned and operated by PredictronLabs. PredictronLabs.com provides its registered users with an automated method of processing datasets, which can subsequently can be transformed intro predictive models, that can then be used to generate predictions for new data instances. You can read more about how PredictronLabs works at http://predictronLabs.com/how_it_works 

F. License

1.     Subject to the terms of this Agreement, PredictronLabs hereby grants to the User, during the term of this Agreement, a revocable, royalty-free, non-sublicensable, non-exclusive, non-transferable, limited license to access the PredictronLabs Services solely for the User’s own purposes.

2.     You will make no attempt to, and will not permit your Users or any other third party to make any attempt to:

·         Alter, modify, improve, reverse engineer, disassemble, or decompile the PredictronLabs Services;

·         Interfere in any manner with the hosting of the Applications or PredictronLabs Services associated with them;

·         Reproduce, duplicate, or copy any portion of the PredictronLabs Services, use of the PredictronLabs Services, or access to the PredictronLabs Services without the express permission by PredictronLabs, or

·         Sublicense to or transfer to a third party.

G. Necessary Equipment

1.     The User will be solely responsible, at its own expense, for acquiring, installing, maintaining, and updating all connectivity equipment, hardware, software, ancillary services and other equipment that may be necessary for it and its Users to connect to, access, and use the PredictronLabs Services including, without limitation, mobile phones, modems, hardware, software, data plans, internet connections, land lines, and long distance or local telephone service ("Your Equipment").

2.     You shall be responsible for ensuring that Your Equipment or ancillary services are compatible with the Service.

H. Authorized Users and Uses

1.     PredictronLabs Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify, you are not permitted to use our services and no contract will be formed between you and PredictronLabs. Further, our services are not available to temporarily or indefinitely suspended PredictronLabs accounts.

2.     You must be a human to access PredictronLabs.com. All automated or programmatic accesses need to be done through the PredictronLabs API at api.predictronlabs.com and are subject to the PredictronLabs API specific Terms of Service.

3.     You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. This information shall not be false, inaccurate, misleading, nor shall you impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or anything.

4.     You are soley responsible for safeguarding the password and API key that you use to access the PredictronLabs Services and for any activities or actions under your password or API key. We encourage you to use "strong" passwords (passwords that use a combination of symbols, numbers, and upper and lower case letters) with your account. PredictronLabs cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5.     Every time you make a change in your PredictronLabs account (email, password, API key), PredictronLabs will send you an email notifying that change. [If You receive such email and You did not perform the change please contact us immediately at support@PredictronLabs.com.

6.     You will neither use nor permit others to use your PredictronLabs account (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c)for any illegal or unauthorized purpose; (d) to violate any laws in your jurisdiction (including but not limited to patent, copyright, trademark, or other intellectual property laws); or(e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network. If You, or a third party through your PredictronLabs account, violates any of the foregoing prohibitions, PredictronLabs may immediately suspend the Services and/or terminate this Agreement without further liability or obligation to You. Furthermore, You shall be responsible for the cost of any services/actions PredictronLabs takes to mitigate any damage caused by such impermissible behavior.

7.     PredictronLabs Services are not designed or licensed for use in hazardous environments requiring fail-safe controls, or other mission critical application where human life or property may be at stake including, without limitation: operation of nuclear facilities, aircraft navigation/ communication systems, air traffic control, and/or life support or weapons systems. You understand that the PredictronLabs Services are not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which PredictronLabs is not responsible.

I. General Conditions

1.     PredictronLabs will use reasonable efforts to ensure that the PredictronLabs Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, emergency repairs, failure of telecommunications systems, equipment failures, acts of god, or other situations. PredictronLabs will make reasonable efforts to minimize such disruption where it is within PredictronLabs’s reasonable control. You agree that PredictronLabs will not be liable in any event to you or any other party for any suspension, modification, discontinuance, lack of availability, or other termination of the PredictronLabs Services.

2.     You acknowledge and accept that there may be technical downtime with PredictronLabs services. Such downtime or errors may prevent your datasets, models or predictions being created, viewed or accessible. PredictronLabs shall not be liable if the creation or access to any dataset, model or prediction is delayed, prevented from access or displayed incorrectly by any cause beyond our control including server downtime. Please contact us at support@PredictronLabs.com if you want to discuss a premium service level agreement to meet your requirements.

3.     You agree that your access and use of the PredictronLabs Services is at your own risk.

4.     You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis.

5.     Without limiting the foregoing, PREDICTRONLABS MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING OUT OF THIS AGREEMENT.

6.     PredictronLabs does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, error-free or virus-free, (iii) the results that obtained from the use of the service will be accurate or reliable, (iv) that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and/or (v) that any errors in the PredictronLabs Services will be corrected. PREDICTRONLABS disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the PredictronLabs Services. No advice or information, whether oral or written, obtained from PredictronLabs or through the PredictronLabs Services, will create any warranty not expressly made herein.

7.     PredictronLabs will not be responsible or liable for any harm to your computer system, loss of data, or other harm of any kind to you, your users or any other third party that results from your access to or use of the Services, or any Data. You agree that PredictronLabs has no responsibility or liability to you, your users, or any other third party for the deletion of, or the failure to store or to transmit any Data and/or any other communications maintained by the Services, or any partial or inaccurate transmission of Data.

8.     You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the PredictronLabs Services.

9.     You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of PredictronLabs.com, or in any way reproduce or circumvent the navigational structure or presentation of PredictronLabs.com, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through PredictronLabscom. PredictronLabs reserves the right to bar any such activity.

10.  You may not attempt to gain unauthorized access to any portion or feature of the PredictronLabs Services, or any other systems or networks connected to the PredictronLabs Services or to any PredictronLabs server, or to any of the services offered on or through the PredictronLabs Services, by hacking, password "mining" or any other illegitimate means.

11.  You may not probe, scan or test the vulnerability of the PredictronLabs Services or any network connected to the PredictronLabs Services, nor breach the security or authentication measures on the PredictronLabs Services or any network connected to the PredictronLabs Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the PredictronLabs Services, or any other customer of PredictronLabs, including any PredictronLabs account not owned by you, to its source, or exploit the PredictronLabs Services or any service or information made available or offered by or through the PredictronLabs Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the PredictronLabs Services.

12.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the PredictronLabs Services or PredictronLabs’s systems or networks, or any systems or networks connected to the PredictronLabs Services or to PredictronLabs.

13.  You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the PredictronLabs Services or any transaction being conducted on the PredictronLabs Services, or with any other person’s use of the PredictronLabs Services.

14.  You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the PredictronLabs Services on or through the PredictronLabs.com, api.PredictronLabs.com or any service offered on or through the PredictronLabs Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

15.  You may not probe, scan or test the vulnerability of the PredictronLabs Services or any network connected to the PredictronLabs Services, nor breach the security or authentication measures on the PredictronLabs Services or any network connected to the PredictronLabs Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the PredictronLabs Services, or any other customer of PredictronLabs, including any PredictronLabs account not owned by you, to its source, or exploit the PredictronLabs Services or any service or information made available or offered by or through the PredictronLabs Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the PredictronLabs Services.

16.  If You have not used your PredictronLabs account in the last twelve (12) months to create new datasets or models or make predictions, PredictronLabs reserves the right to suspend your account and delete all datasources and your datasets out. All the models and generated predictions will remain in the PredictronLabs systems until you delete them or your account is canceled or terminated.

17.  PredictronLabs reserves the right at any time to suspend temporarily or permanently your PredictronLabs account with or without notice.

J. api.predictronlabs.com, the PredictronLabs API specific Terms of Service

You may access your PredictronLabs.com data via the PredictronLabs API (Application Program Interface). Any use of the PredictronLabs API, including use of the API through a third-party product that accesses PredictronLabs.com, is bound by these Terms of Service plus the following specific terms:

1.     To use api.predictronlabs.com you need to use your API key that is automatically provided under the Account section at PredictronLabs.com. You are the sole responsible of keeping your API key secret.

2.     All accesses to api.predictronLabs.com must be done through HTTP and need to be authenticated using your username and API key.

3.     Abuse or excessively frequent requests to PredictronLabs Services via the API may result in the temporary or permanent suspension of your PredictronLabs account’s access to the API. PredictronLabs, in its sole discretion, will determine abuse or excessive usage of the API. PredictronLabs will make a reasonable attempt via email to warn the account owner prior to suspension.

4.     We may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for 12 months after the change, discontinuation, or deprecation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).

5.     PredictronLabs reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

6.     If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by PredictronLabs) of other PredictronLabs customers, we reserve the right to immediately throttle your access until you can reduce your bandwidth consumption. Please send us a request for premium service access if your foresee you might need special bandwidth usage.

If you are interested in Enterpise subscription or Private installation please contact us at info@PredictronLabs.com.

K. Your Data

1.     You understand that all data that you input, post, transmit, stream or upload to the PredictronLabs Services are your sole responsibility. This means that You, and not PredictronLabs, are entirely responsible for all Data that You input, upload, post, stream, transmit or otherwise make available via Your Account. PredictronLabs does not control the Data analyzed or modeled via the PredictronLabs Services and, as such, does not guarantee the accuracy, integrity or quality of such Data.

2.     To use the PredictronLabs services, You must be the owner, have the rights to use the data, or use public data for all data sources that you create within PredictronLabs.

3.     Your data sources cannot be obtained by fraud, involve the use of counterfeit or stolen data, or have been obtained by other unlawful or morally repugnant method.

4.     Your data sources cannot infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or privacy laws. Your data sources cannot violate any law, statute, ordinance or regulation (including without limitation those governing export control or consumer protection).

5.     Your data sources cannot create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

6.     You understand and agree that PredictronLabs cannot be responsible for the data You input, post, transmit, stream, upload to the PredictronLabs Services.

7.     Your data is considered confidential information by PredictronLabs as set forth in our Privacy Policy, incorporated herein by this reference. Notwithstanding the foregoing, a party receiving confidential information will not be in violation of this agreement regarding a disclosure that was in response to a valid order by a court or other governmental body nor will PredictronLabs be in violation if it discovers that the User intends to use PredictronLabs services to further an impermissible purpose or to commit or plan a crime.

8.     If you find or detect a problem in the way the PredictronLabs Services process or analyze your data and you want PredictronLabs to analyze the problem, you must grant PredictronLabs a temporary authorization to inspect your data. Only then can authorized PredictronLabs personnel have momentary direct access to your data.

L. Your datasets, models and predictions

1.     As between the parties, You retain all right, title, and interest in and to any Your Equipment and data you input into the PredictronLabs Services.

2.     Datasets, Models, and Predictions that the PredictronLabs Service creates using your data are also owned by You and considered confidential by PredictronLabs as per our privacy policy.

3.     If you use public data or public datasets as input to create your models you understand that many other PredictronLabs users might create identical datasets or models to yours.

4.     If you have not used your datasets to create new models in the last 12 months, PredictronLabs reserves the right to delete them out of our systems as set forth below.

5.     You can share your Resources in PredictronLabs by changing the privacy settings of that Resource as described in section P.

M. Blind Meta Data Collection

1.     PredictronLabs retains the right to use data capture and analysis tools to extract, compile, synthesize, and analyze any non-personally identifiable data or information resulting from the User’s use of PredictronLabs Services and Applications ("Blind Meta Data"). To the extent that any Blind Data are collected by PredictronLabs, that Blind Data will be solely owned by PredictronLabs and may be used by PredictronLabs for any lawful business purpose without a duty of accounting to You if the Blind Data are used only in an aggregated form without specifically identifying the source of the Blind Data.

2.     PredictronLabs retains the right to access and use blind meta level data generated during the creation of your sources, datasets, models, and predictions. These data are collected for the purpose of improving our services over time. For example, we measure how much time tasks take, the size of data that you use, the type of each attribute in your dataset, the performance of the models generated.

3.     PredictronLabs does not inspect or access any detail of your sources, datasets, models, or predictions.

4.     PredictronLabs does not disclose or distribute any data to a third party or use any such data for marketing purposes. Please read our Privacy Policy for more details.

N. Subscriptions

1.     PredictronLabs users have the option of purchasing a subscription to the PredictronLabs service.

2.     These subscriptions are sized and priced at the discretion of PredictronLabs, and may change from time to time.

3.     To initiate a subscription you must enter a valid debit or credit card.

4.     When you confirm your subscription on PredictronLabs, you agree to be bound by and pay for that purchase.

5.     Following the end of your subscription period (typically one month, three months or twelve months, as determined by the user), your subscription will automatically renew at the same payment terms.

6.     You may upgrade your subscription at any time through the self-serve functions in your account dashboard.

7.     When you upgrade your subscription, you are invoiced at the price of your new subscription level. The unused, prorated amount of your old subscription and your new subscription will be debited against your account in the next billing cycle.

8.     You may downgrade your subscription at any time; the downgrade will take effect at the start of your next billing cycle.

9.     You may cancel your subscription at any time; your cancellation will take effect at the end of your current billing cycle.

10.  No refunds will be provided for portions of the current billing cycle following a downgrade or cancellation.

11.  All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

12.  If your subscription is cancelled, PredictronLabs will maintain all resources that were generated by your subscription. PredictronLabs retains the right to delete any sources generated by a subscription that have not been updated within 90 days.

O. Invoices

1.     PredictronLabs will send you an invoice to the email account you have provided for each purchase of Credits. You may wish to access your previous invoices through the invoices Section of your PredictronLabs account.

2.     To display additional tax information on your invoice showing the PredictronLabs EIN or your Tax ID and address please fill out the corresponding section in the account Section.

P. Ownership

1.     You retain all right, title, and interest in and to any User Equipment and data that you input.

2.     All right, title, and interest in and to the PredictronLabs Services, (excluding Data provided by you) are and will remain the exclusive property of PredictronLabs and its licensors. The PredictronLabs Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Nothing in the Terms gives you a right to use the PredictronLabs name or any of the PredictronLabs trademarks, logos, domain names, and other distinctive brand features.

3.     PredictronLabs retains all right, title, and interest in and to all software, materials, meta data and PredictronLabs proprietary information and technology used by PredictronLabs, or provided to You, in connection with the PredictronLabs Services, including without limitation the applications, documentation, and any and all improvements, updates, and modifications to them, and including all Intellectual Property Rights to them. PredictronLabs reserves any rights or licenses not expressly granted to You under this Agreement.

4.     Intellectual Property: You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World) in the PredictronLabs Services belongs to PredictronLabs or its third party licensors. Accordingly, any part of the PredictronLabs Services (or its source HTML or any other code) may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the PredictronLabs Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.

5.     Patents: One or more patents owned by PredictronLabs, Inc. or its affiliates may apply to the PredictronLabs Services and to the features and services accessible via the PredictronLabs API.

6.     Trademarks: PredictronLabs is a trademark. It may not be used in connection with any product or service that is not PredictronLabs’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PredictronLabs. All other trademarks not owned by PredictronLabs that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PredictronLabs.

7.     Copyright: All content included on the PredictronLabs Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PredictronLabs or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the PredictronLabs Services is the exclusive property of PredictronLabs and protected by U.S. and international copyright laws. All software used on the PredictronLabs Site is the property of PredictronLabs or its software suppliers and protected by United States and international copyright laws.

8.     Feedback and Information: Any feedback, comments, or suggestions you may provide regarding PredictronLabs, or the Services is entirely voluntary and shall be deemed to be non- confidential. PredictronLabs shall be free to use such feedback, comments or suggestions on an unrestricted basis and as we see fit without any obligation to you.

Q. Cancellation, Termination or Modification

1.     The Terms of Service is effective immediately upon creation of a PredictronLabs account or any use of the PredictronLabs Services and will remain effective until you cancel your account or until PredictronLabs terminates your account as set forth below.

2.     You can delete your account and all its associated data at any time by clicking on the Delete Account link in the account section https://PredictronLabs.com/account. This section provides a simple no questions asked cancellation button. You must provide your password which helps ensure that your account is not canceled without your permission. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.

3.     All of your data will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.

4.     If you cancel the Service before you request a refund for your Credits or for the money you earned selling your Resources (see Section P), your cancellation will take effect immediately and your Credits and money will be forfeited.

5.     Termination of PredictronLabs services results in the deletion of your Account and all Data.

6.     PredictronLabs reserves the right to refuse service to anyone for any reason at any time. PredictronLabs, in its sole discretion, retains the right to suspend or terminate your account and/or refuse any and all current or future use of the PredictronLabs Services, for any reason at any time. Without limiting other remedies, PredictronLabs may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and/or refuse to provide the Services to You if:

·         You breach any of the Terms of Service;

·         PredictronLabs is unable to verify or authenticate any information you provide to us to create your PredictronLabs account; and or

·         PredictronLabs believes that your actions are impermissible or may create legal liability for us.

Termination of the PredictronLabs Services for these circumstances results in the the deletion of your Account and all Data as well as forfeiture of all Credits in your Account.

7.     Abuse or excessively frequent requests to PredictronLabs Services may result in the temporary or permanent suspension of your PredictronLabs account’s. PredictronLabs, in its sole discretion, will determine abuse or excessive usage. PredictronLabs will make a reasonable attempt via email to warn the account owner prior to suspension.

8.     PredictronLabs reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

9.     PredictronLabs may change, suspend or discontinue the PredictronLabs Services totally or partially for any reason, at any time, including the availability of any feature. PredictronLabs may also impose limits on certain features and services or restrict your access to parts or all of the PredictronLabs Services without notice or liability.

10.  PredictronLabs may change, discontinue or deprecate any APIs for the Services from time to time but will use commercially reasonable efforts to continue supporting the previous version of any API changed, discontinued, or deprecated for 12 months after the change, discontinuation, or deprecation (except if doing so (a) would pose a security or intellectual property issue, (b) is economically or technically burdensome, or (c) is needed to comply with the law or requests of governmental entities).

11.  If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by PredictronLabs) of other PredictronLabs customers, we reserve the right to immediately throttle your access until you can reduce your bandwidth consumption. Please send us a request for enterprise subscription if your foresee you might need special bandwidth usage.

If you are interested in Enterpise subscription or Private installation please contact us at info@PredictronLabs.com.

12.  If you have not used your resources to create additional resources in the last 3 months, PredictronLabs reserves the right to terminate your account and delete them out of our systems.

13.  Except for the aforementioned circumstances, PredictronLabs will not delete you models or predictions until you delete them, you cancel your PredictronLabs account or it is terminated.

14.  Unless earlier terminated as provided above, this Agreement will remain in effect until terminated, at will, by either party.

R. Spread the Word

1.     PredictronLabs's "Spread the Word" promotion rewards users who get three new users to sign up for a PredictronLabs account with a one-month Standard subscription.

2.     Users who successfully earn subscriptions through the "Spread the Word" promotion will be notified via email, and their account will reflect the subscription.

3.     Users who already have a monthly subscription will receive a refund equivalent to the value of one month of a Standard monthly subscription.

4.     Free months are rewarded at PredictronLabs's discretion; PredictronLabs retains the right to not award a free month's service in the event of suspected abuse of the program.

5.     PredictronLabs retains the right to terminate the "Spread the Word" promotion at any time.

S. Limitation of Liability

1.     PredictronLabs will not be liable for special, incidental, direct, or consequential damages arising out of or in connection with this Agreement, including, but not limited to, interrupted communications, lost data, or lost profits, even if PredictronLabs has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any limited remedy in this Agreement.

2.     PredictronLabs aggregate liability arising out of your use of the PredictronLabs Services will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past three months.

3.     Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, PredictronLabs’s liability will be limited to the fullest extent permitted by applicable law.

4.     You expressly understand and agree that PredictronLabs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PredictronLabs has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

FINAL REMARKS

1.     This Agreement constitutes the entire agreement between you and PredictronLabs and governs your use of the PredictronLabs Services, superseding any prior agreements or contemporaneous agreements between you and PredictronLabs.

2.     Unless explicitly stated otherwise, any new features that augment or enhance the current PredictronLabs Services, including the release of new tools and resources, shall be subject to the Terms of Service.

3.     PredictronLabs reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the PredictronLabs Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the PredictronLabs Services.

4.     Violation of any of the terms above will result in the termination of your PredictronLabs Account.

5.     Questions about the Terms of Service should be sent to support@PredictronLabs.com.