Welcome to SOBI analytics’ terms of use. We've done our best to simplify what is, of course, an important legal document. It's long but please carefully and thoroughly read this whole document, because it sets out your rights (and ours). Our terms of use apply to the use of this Website and by accessing this Website and/or using the Services you agree to be bound by the terms set out below. If you do not agree to be bound by these terms you may not use or access the Website. If you have any queries about these terms and conditions, please email us at support@sobianalytics.com.

1. DEFINITIONS

“Accounting Software” means any cloud- or desktop-based accounting software, such as QuickBooks Online or Xero.

"Agreement" means these Terms of Use.

"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data" means any data in the Software.

"Intellectual Property Right" means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether registered or not.

"Software" means the software available (as may be changed or updated from time to time by SOBI Analytics) via the Website.

“SOBI Analytics” means SOBI Analytics LLC a registered US company residing at 16192 Coastal Highway, Lewes, Delaware, 19968 – 9776,

"SOBI Analytics" means SOBI Analytics LLC..

"Subscriber" means the person who registers to use the Software, and, where the context permits, includes any entity on whose behalf that person registers to use the Software.

"You" means the Subscriber.

"Your" has a corresponding meaning.

"Website" means the Internet site at the domain www.SOBIanalytics.com, or any other site operated by SOBI Analytics.

2. USE OF SOFTWARE

SOBI Analytics grants you the right to access and use their Software via the Website. This right is non-exclusive and non-transferable and limited by these Terms. You acknowledge that accessibility to any company’s financial data via the Software is set through the company’s respective Accounting Software.

3. YOUR OBLIGATIONS

You must only use the Software and Website for your own lawful business purposes, in accordance with these Terms and any notice sent by SOBI Analytics or condition posted on the Website. You may also use the Software and Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to you.

You must ensure that all usernames and passwords required to access the Software are kept secure and confidential. You will immediately notify SOBI Analytics of any unauthorised use of your passwords or any other breach of security and SOBI Analytics will reset your password. You must take all other actions that SOBI Analytics reasonably deems necessary to maintain or enhance the security of SOBI Analytics’ computing systems and networks and your access to the Software. As a condition of these Terms, when accessing and using the Software, you must: not attempt to undermine the security or integrity of SOBI Analytics’ computing systems or networks or, where the Software is hosted by a third party, that third party's computing systems and networks; not use, or misuse, the Software in any way which may impair the functionality of the Software or Website, or other systems used to deliver the Software or impair the ability of any other user to use the Software or Website; not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Software is hosted; not transmit, or input into the Software, any: files that may damage any other person's computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Software or the Website except as is strictly necessary to use either of them for normal operation.

By using any third-party functionality within the Software you confirm that you have read and accept the third-party's terms and conditions. Use of the Software may be subject to limitations. Any such limitations will be advised. You indemnify SOBI Analytics against all claims, costs, damage and loss arising from your breach of any of these terms or any obligation you may have to SOBI Analytics.

4. CONFIDENTIALITY AND PRIVACY

Unless the relevant party has the prior written consent of the other or unless required to do so by law: Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. Each party's obligations under this clause will survive termination of these Terms. You expressly give SOBI Analytics the right to use your information and your data to resolve your support issues and/or queries and produce aggregated reports.

SOBI Analytics maintains a privacy policy that sets out the parties' obligations in respect of personal and company information. You should read the Privacy Policy, and you will be taken to have accepted that policy when you accept these Terms. In the event of a confirmed breach of SOBI Analytics’ data security affecting your data, SOBI Analytics will notify you of the breach within 48 hours, remedy the breach, and cooperate in the investigation and resolution of the matter.

5. INTELLECTUAL PROPERTY

Title to, and all Intellectual Property Rights in the Software, the Website and any documentation relating to the Software remain the property of SOBI Analytics (or its licensors). Title to, and all Intellectual Property Rights in, the Data remain your property. You grant SOBI Analytics a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Software and for any other purpose related to provision of services to you.

SOBI Analytics adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data.

6. WARRANTIES AND ACKNOWLEDGEMENTS

You warrant that where you have registered to use the Software on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Software you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms.

You acknowledge that: you are authorised to use the Software and the Website and to access the information that you access using the Software and the Website (whether that information is your own or that of anyone else). If you are using the Software and accessing the Website on behalf of or for the benefit of an organization then SOBI Analytics will assume that you have the right to do so and that organisation will be liable for your actions or omissions (including any breach of these Terms).

SOBI Analytics has no responsibility to any person other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person other than you. If you use the Software or access the Website on behalf of or for the benefit of anyone other than yourself, you agree that: you are responsible for ensuring that you have the right to do so; you are responsible for authorising any person who is given access to information or Data, and you agree that SOBI Analytics has no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you; and you will indemnify SOBI Analytics against any claims or loss relating to: SOBI Analytics’ refusal to provide any person access to your information or Data in accordance with these Terms, and SOBI Analytics making available information or Data to any person with your authorisation.

SOBI Analytics warrants that the Software will perform in accordance with the website and promotional material and supporting documentation. Except as expressly provided in the preceding sentence, the provision of, access to, and use of, the Software is on an "as is, where is" basis and at your own risk. SOBI Analytics does not warrant that the use of the Software will be uninterrupted or error free, but, notwithstanding Section 9 below, SOBI Analytics warrants that the software will be available 99.9% of the time and any shortfall will be generate a prorated credit to you. Among other things, your classification of items, suppliers, accounts, customers, and/or invoices, in your chosen Accounting Software will impact the reporting provided by SOBI Analytics. In addition, the operation and availability of the systems used for accessing the Software, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Software. SOBI Analytics is not in any way responsible for any such interference or prevention of your access or use of the Software.

SOBI Analytics is not your accountant and use of the Software does not constitute the receipt of accounting advice. If you have any accounting questions, please contact an accountant. It is your sole responsibility to determine that the Software meets the needs of your business. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).

SOBI Analytics does not warrant that the Software will meet your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability and fitness for purpose SOBI Analytics represents and warrants that it owns all right, title and interest to the Software and will indemnify and hold you harmless should a claim of infringement be raised by a third party. SOBI Analytics will either secure for you the right to continue accessing and using the Software or refund all fees paid to date.

You warrant and represent that you are acquiring the right to access and use the Software and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Software, the website or these Terms.

7. LIMITATION OF LIABILITY

To the maximum extent permitted by law, neither party shall be liable to the other party for any indirect or consequential damages and each party's liability and responsibility to you (or any other person) in contract, tort, or otherwise, for any loss (profits and savings) or damage (“Damages”) arising out of this Agreement or resulting, directly or indirectly, from the use of, or reliance on, the Software will not exceed the fees paid to SOBI Analytics, unless such Damages result from the gross negligence or intentional misconduct of SOBI Analytics.

You acknowledge that SOBI Analytics will accept no liability in the event a company has incorrectly set employee/user access in its Accounting Software and employees/users are then able to access confidential financial information via the Software.

If you are not satisfied with the Software and SOBI Analytics has not breached any of its representations or warranties, your sole and exclusive remedy is to terminate these Terms.

8. TERMINATION

You may terminate the use of SOBI Analytics’ services at any time by cancelling your account. Your Data shall be deleted within 30 days upon request by you.

9. HELP DESK

If You need technical help, please check the support provided online by SOBI Analytics or failing that email us at support@sobianalytics.com

Whilst SOBI Analytics intends that the Software should be available 24 hours a day, seven days a week, it is possible that on occasion it may be unavailable to permit maintenance or other development activity to take place. If for any reason SOBI Analytics to interrupt the Software for longer periods than SOBI Analytics would normally expect, we will publish in advance details of such activity on the Website.

10. GENERAL

These Terms, together with the terms of any other notices or instructions given to you under these terms, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and SOBI Analytics relating to the Software and the other matters dealt with in these Terms.

If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing. Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. You may not assign or transfer any rights to any other person without SOBI Analytics’ prior written consent, which shall not be unreasonably withheld.

This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of the United States.

If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision.

Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to SOBI Analytics must be sent to support@sobianalytics.com or to any other email address notified by email to you by SOBI Analytics. Notices to you will be sent to the email address you provided when setting up your access to the Software. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms

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Sobi Analytics - the next generation of data analytics powered by AI. Start seeing the benefits to your SaaS business now.