The following terms and conditions govern all use of the Prodlytic.com website and all content, services and products available at or through the website or a sub-domain thereof. The Website is owned and operated by D4 Software Ltd. (“D4 Software”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Prodlytic's Privacy Policy) and procedures that may be published from time to time on this Site by D4 Software (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by D4 Software, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Your Prodlytic.com Account.

 If you sign in to the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. You must immediately notify D4 Software of any unauthorized uses of your account or any other breaches of security. D4 Software will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Users.

If you use the Website, upload data or publish data via the Website, You are entirely responsible for the content of, and any harm resulting from that data. By uploading or publishing data, you represent and warrant that:

the downloading, copying and use of the data will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to upload or make available the data, or (ii) secured from your employer a waiver as to all rights in or to the data;

you have fully complied with any third-party licenses relating to the data, and have done all things necessary to successfully pass through to end users any required terms;

the data does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the data is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;

your published data is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;

your published data is not named in a manner that misleads your readers into thinking that you are another person or company.

By submitting data to D4 Software for inclusion on the Website, you grant D4 Software a world-wide, royalty-free, and non-exclusive license to view that data solely for the purpose of maintaining and supporting the ongoing operation of the Website. If you delete data, D4 Software will use reasonable efforts to remove it from their servers, but you acknowledge that caching or references to the data may not be made immediately unavailable.

Without limiting any of those representations or warranties, D4 Software has the right (though not the obligation) to, in D4 Software’s sole discretion (i) refuse or remove any data that, in D4 Software’s reasonable opinion, violates any D4 Software policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in D4 Software’s sole discretion. D4 Software will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal.

General Terms. 

Paid services such as access to the QueryTree application beyond the 30 day trial are available on the Website (any such services, an “Paid Account”). By selecting a Paid Account you agree to pay D4 Software the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Paid Account and will cover the use of that service for a monthly or annual subscription period as indicated. Paid Account fees are not refundable.

Automatic Renewal. 

Unless you notify D4 Software before the end of the applicable subscription period that you want to cancel a Paid Account, your Paid Account subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Paid Account (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Accounts can be cancelled at any time in the User Subscription section of the Website.

Responsibility of Website Visitors.

 D4 Software has not reviewed, and cannot review, all of the data uploaded to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, D4 Software does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain data that is offensive, indecent, or otherwise objectionable, as well as data containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. D4 Software disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites.

 We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which Prodlytic.com links, and that link to Prodlytic.com. D4 Software does not have any control over those non-Prodlytic.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Prodlytic.com website or webpage, D4 Software does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. D4 Software disclaims any responsibility for any harm resulting from your use of non-Prodlytic.com websites and webpages.

Copyright Infringement.

 As D4 Software asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify D4 Software. D4 Software will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. D4 Software will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of D4 Software or others. In the case of such termination, D4 Software will have no obligation to provide a refund of any amounts previously paid to D4 Software.

Intellectual Property.

 This Agreement does not transfer from D4 Software to you any D4 Software or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with D4 Software. D4 Software, QueryTreeApp, Prodlytic.com, the Prodlytic.com logo, and all other trademarks, service marks, graphics and logos used in connection with Prodlytic.com, or the Website are trademarks or registered trademarks of D4 Software or D4 Software’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any D4 Software or third-party trademarks.

Attribution.

 D4 Software reserves the right to display attribution links such as ‘Powered By Prodlytic.com,’ on data published via the QueryTree application.

Changes. 

D4 Software reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. D4 Software may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. 

D4 Software may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Prodlytic.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

 The Website is provided “as is”. D4 Software and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither D4 Software nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability.

 In no event will D4 Software, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to D4 Software under this agreement during the twelve (12) month period prior to the cause of action. D4 Software shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

 You represent and warrant that (i) your use of the Website will be in strict accordance with the D4 Software Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

 You agree to indemnify and hold harmless D4 Software, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous.

 This Agreement constitutes the entire agreement between D4 Software and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of D4 Software, or by the posting by D4 Software of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by English law, and the proper venue for any disputes arising out of or relating to any of the same will be the Courts of England and Wales. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; D4 Software may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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