1. Introduction

Shinymetrics is an application which allows you to understand how your website is used.

Shinymetrics is owned and operated by Opifex Sàrl, c/o RISTER Sàrl, Rue Adrien-Lachenal 26, 1207 Geneva (hereafter “we”, “us”).

These Terms of Use set out the legal terms and conditions under which customers (hereafter “you”) are allowed to use Shinymetrics. They do not govern the relationship between you and the individuals whose personal data is collected by you through Shinymetrics.

2. Acceptance and modification of the Terms of Use

By using Shinymetrics, you acknowledge that you have read and understood these Terms of Use and you agree to be bound by them and to comply with all applicable laws and regulations.

We reserve the right to make any changes to these Terms of Use, at our sole discretion. Your continued use of Shinymetrics, with or without having expressly accepted the new Terms of Use, shall constitute consent.

If you do not agree with these Terms of Use, or to any amendment made to them, you shall immediately refrain from using Shinymetrics.

You are responsible for regularly verifying these Terms of Use in their current version, an up-to-date version of which may be retrieved at any time on the website www.shinymetrics.com. If you have an account, you will be notified by email of any amendment to these Terms of Use.

3. Privacy

Depending on the situation, we act as a data controller or as a data processor.

When you are using Shinymetrics to collect and process personal data about users of your website, you are the data controller and we are the data processor. In this case, the Data processing agreement (DPA) applies.

When we process personal data relating to you or anyone acting on your behalf (for example personal data associated with your account) in order to provide our services to you, we act as a data controller. In this case, our Privacy Policy applies.

4. Your obligations

You may use Shinymetrics only in compliance with applicable laws.

In particular, you shall not do any of the following:

• copy, modify, scrape or distribute rights or content from Shinymetrics in any way;
• use any content or information of Shinymetrics to compete with us;
• commercialise any code or information or software associated with Shinymetrics;
• use Shinymetrics in any way that, in our sole judgment, is illegal, inappropriate or which restricts or inhibits any other person from using Shinymetrics, or may harm us or make us liable;
• use or attempt to use another’s account or create a false identity;
• provide misleading or deceptive information;
• facilitate or assist another person to do any of the above acts.

You shall compensate us and/or our employees for any claim, costs, damage or expense (including lawyer or judicial fees) resulting from your behavior, in particular (i) your use of Shinymetrics, (ii) any breach or non-fulfilment of an obligation contained in the present Terms of use and (iii) any other cause resulting in damage to us.

5. Account

To use Shinymetrics, an account shall be created, which requires you to provide a unique username, a password, your first and last name, the name of the company you work for (if applicable) and a billing address.

You must ensure that the personal information given for the registration process is accurate, complete and respects in all aspects the Terms of Use. The information must be kept up to date.

You are responsible for the security of your account and shall not communicate your password to any third party. If you suspect or are aware of a misuse, you must inform us immediately.

You are responsible for all activity generated by your account.

We shall use the e-mail address associated with your account to communicate with you. Any e-mail sent by us to your e-mail address shall be deemed notified.

6. Fees

Fees are calculate based on the number of “events” emitted by the applications and the subscription level subscribed to.

You are billed automatically each month via Stripe.

7. Termination

You can terminate your account by visiting your profile and clicking the “delete account” button.

We may suspend or terminate your account for any reason at any time at our sole discretion. In this case, we may forbid you to create a new account. There is no reimbursement of prepaid fees.

8. Intellectual Property

Intellectual property rights, such as brands, logos, designs, photos, domain names and all other property rights in the content available on Shinymetrics are the exclusive property of us and our licensors. This includes rights to all software associated with Shinymetrics. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

9. Licenses

We grant you a limited, non-exclusive, non-transferable, and revocable license to use Shinymetrics for your own internal commercial use, and to display the content of Shinymetrics on your computer, subject to the compliance with these Terms of Use. All other uses are prohibited without our prior written consent.

10. Security

You are deemed to know the risks related to the use of the Internet. However, we take security matters seriously and make all the reasonable efforts to ensure the best possible security level according to our means.

11. Limitation of liability

You are using Shinymetrics at your sole risk.

Within the limits of the law, we exclude all and any warranty, guarantee and responsibility in relation to Shinymetrics. In any case, our liability is limited to the amount paid over the last 12 months.

We do not give any warranty in relation to the content of Shinymetrics, should it be its availability, accuracy or lawfulness. We do not warrant that Shinymetrics will be available at all times and expressly reserve the possibility to discontinue its availability or to modify it without notice.

We shall not be liable for any damages of any kind, including loss of income or data, suffered by you or any third party, by act of us or of a third party.

12. Assignment

You may not transfer any of your rights or obligations under these Terms of Use without our prior written consent.

We may transfer all of our rights and obligations under these Terms of Use without your prior consent, including any personal data, in order to ensure the continued operation of Shinymetrics.

13. Final provisions

If any provision of these Terms of Use is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

These Terms of Use, as well as all matters arising out or in relation to them (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws.

Any claim or dispute in relation to these Terms of Use (including for non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the Courts of Geneva, Switzerland.

14. Contact

For any inquiries, you may contact us by email at hello@shinymetrics.com or by mail at Opifex Sàrl c/o RISTER Sàrl,Rue Adrien-Lachenal 26, 1207 Genève