TERMS AND CONDITIONS FOR METRICFY USERS
These General Terms and Conditions of Use and Contract (hereinafter, “Conditions” or “Conditions of Use”) shall apply to the services and access provided by the website www.metricfy.com (hereinafter, “Platform”) owned by Metrics For You S.L. (hereinafter, “Metricfy”) for Registered Users in the Service (hereinafter, “Users”) and the relationships derived from the service contracting by the Users of the Service.
By using or accessing the Service, the Users agree to these Conditions of Use:
In accordance with the provisions of the Article 10 of the Information Society Services and Electronic Commerce Law 34/2002 of July 11, the website holder’s identifying data is provided:
- Company name: Metrics For You, S.L.
- Registered office: Provença, 498 5 2, 08025 Barcelona
- Registration information in the Registry of Companies: Metrics For You, S.L. is registered in Barcelona Companies Registry in Volume 46140, Sheet 1, Page B 510764, Entry 1.
- Tax identification number: B67093047
Object of the Contract
Metricfy is a Service, which is intended to provide their Users a vision of their advertising channels registered in the Service through functions offered by management tools of the Metricfy channels.
Access and Register
The Service is available only to Users that agree to comply with the following applicable rules:
By using Metricfy Service, the Users represent that comply with the following applicable rules:
- To be over the age of 18.
- To provide true, current, accurate, and complete information, as requested in the registration form.
The Users agree to provide true, current, accurate, and complete information about themselves, as requested in the registration form and elsewhere in the Service, and they agree to keep such information updated if it changes. In the event the information provided by the User is seen as false, incorrect, and incomplete by Metricfy, whenever it considers that there are sufficient grounds that do not guarantee the correctness, completeness, and accuracy of such content, Metricfy shall have the right to deny the access to or use of the Service.
When the Users register, they shall use an e-mail and password. The password shall remain strictly confidential, personal, and non-transferable. The Users agree to be responsible for keeping personal details safe and inaccessible to third parties. Any use or access of the Service under the Users’ account shall be considered to have been performed by the User, including opinions expressed in the Platform. The User shall be responsible for said misuse of their credentials.
The identity of the Registered Users is not guaranteed by Metricfy; therefore, it shall not be Responsible for the use of any Registered User by third parties. In the event of theft, disclosure, and/or loss of username or password, the Users agree to immediately notify Metricfy.
Metricfy offers its Users a Platform through which they can contract the online advertising channel management software, the dashboard (hereinafter, “Services”).
Users may have a vision of their advertising channels integrated into the Platform using the features offered by the Metricfy channel management tool (hereinafter, “Metricfy Tool”).
Through the Metricfy Tool the Users shall be able to:
- Integrate digital advertising channels.
- Register their website and include the Metricfy tracking code in HTML of their website to monitor the activity of the Users of their website.
- Manage the information of their advertising channels in a single application, being able to display the information of costs and results in a single site.
- Segment and filter the information of those channels they want to display.
- Monitor digital advertising campaigns.
For the proper functioning of the Service it is necessary to integrate advertising accounts owned by the Users. The Registered Users must grant the minimum read permissions corresponding to each integration during a semi-automated process. The permissions requested for each integration shall depend on the nature of the integration, with read permissions being always necessary. In any case, the Service only reads data of the integrations and never changes any data of the integrations authorized by the Users. Metricfy shall only be obliged to save the data obtained by the Users through the Platform during a period of 12 months, unless an additional service has been purchased by the Users that extends this duration.
The price and features of the different Metricfy accounts are available through the following link: https://metricfy.com/pricing
Metricfy reserves the right to modify its prices at any time. For existing Users Metricfy must notify them with 15 days’ notice. The changes made shall have immediate effect after their publication and shall not affect the services already contracted by the Users.
In the case of promotions related to the payment of the fees, said section shall be limited to what is defined by the mentioned promotion and in the terms it specifies.
Payment and Access
When completing the registration, indicating the account contracted and once the trial period has expired, the Users expressly authorize Metricfy to charge monthly the applicable amount that corresponds with the price of the account chosen. To make monthly payments, a valid bank card or any other payment system that Metricfy establishes is required. It shall not be necessary to enter the information on the card to create or use a free account, or during the trial period of the Service.
Metricfy shall charge monthly the price of the service contracted, through a billing to the bank card. This charge shall be made periodically the month in advance and shall not be refundable.
There shall be no refunds or credits for partial months of the Service, nor refunds shall be made in case the Users do not make use of the Service during the period in which the account is open. Under no circumstances, exceptions shall not be made. Likewise, the Users expressly authorize Metricfy to send by telematics means the invoices generated by the service delivery to the e-mail address provided by the Users in the registration process in order to access and use the Services of the Platform.
In case the Users change their account, there shall be no charge on his card with the new amount until the next billing date. Therefore, in the next billing period a charge shall be made to their card for the new amount, unless the Users cancel the account previously.
If the Users exceed the services contracted (e.g. sessions, visits, clicks, pages viewed, time spent on the site page and other), it shall be notified by Metricfy to make a change in the account within 15 days of the occurrence of the excess. If the Users decide not to change the account within the established period, they shall not be able to access the information on the Platform and Metricfy reserves the right to delete the customers’ data stored on the Platform if Users has not proceeded to change the account within 90 days of notification of this order.
The Services contracted by the Users shall be renewed tacitly and without the need of express consent of these Users, for a period equal to the one initially contracted, provided that the Users do not request the cancellation of the Service before the end date thereof.
In case the Users do not make the payment or proceed to the refund of the charge, Metricfy shall notify these Users of this situation, which must be corrected within a maximum period of 48 hours. After this time without having made the payment, Metricfy shall notify the immediate suspension of access to the Service. No later than 30 calendar days, Metricfy shall proceed to delete the account, and consequently, the data stored in it.
The Users can unsubscribe from the Platform by sending an email to the address firstname.lastname@example.org or through the Users’ profile.
The communication of the withdrawal by the Users shall involve the blocking of their actions on the Platform, however the effective total withdrawal of the Users shall be subject to the completion of any transaction that could be active in the Users’ account on the Platform. Likewise, the fees paid to Metricfy by the Users shall have a monthly calculation, so that the Users’ withdrawal shall not imply in any case the refund of the proportional amount to the remaining days of the current month from the moment of the communication of the withdrawal by the Users.
Once the account has been cancelled by the Users, the account shall still be accessible for a maximum time of thirty (30) days. After this time, Metricfy shall proceed to delete the account and the content thereof.
Metricfy reserves the right to delete any account or prevent the use of the service to anyone who fails to comply with these Conditions of Use.
The Users are responsible for having the services and needed equipment to browse the Internet and access the Platform. In case of any incident or difficulty to access the Platform, the Users may inform Metricfy that shall proceed to analyse the incident and give instructions to the Users about how to resolve it as soon as possible.
The Users undertake to carry out all the notifications necessary to the users of its website and notify the use of the Metricfy script on the website.
Users are fully responsible for the access and correct use of their profile and other contents of the Platform, in agreement with the law, whether national or international, as well as the principles of good faith, ethics, good practices, and public security. And specifically, it acquires the commitment to diligently observe these Conditions.
Users must refrain from using their profile and the rest of the contents of the Platform with illegal purposes or effects, damaging the rights and interests of third parties or that in any way may harm, disable, affect or deteriorate the Platform, its contents, and its services. Likewise, it is prohibited to prevent other Users from the normal use or enjoyment of the Platform.
Metricfy cannot be considered responsible, and expressly declares that it does not identify with any of the statements that may be expressed by the Users of the Platform, and the consequences are entirely responsibility of the Users. Those who fail to comply with such obligations shall be liable for any loss or damage they cause. Metricfy shall not be liable for any consequence, damage or harm that may arise from such access or illegal use by third parties.
In general, the Users undertake, by way of example and not limited to:
- Not use the Platform for illegal or unauthorized purposes.
- Not host, store, disclose, publish, distribute or share any content that may involve an illegitimate interference or violation in any way of fundamental rights to the honour, image and personal and family privacy of third parties, and especially, of minors.
- Not publish in any section of the Platform or in their profile, or any other, comments or information that is illegal, racist, xenophobic, obscene, pornographic, abusive, defamatory, deceptive, fraudulent, or in any way, contrary to morality or to public security.
- Not alter or modify, in whole or in part, the Platform, evading, deactivating or manipulating the functions or services thereof.
- Not infringe industrial and intellectual copyrights or general data protection regulations.
- Not use the Platform to insult, defame, intimidate, violate one’s image or harass other Users.
- Not access other Users’ email accounts.
- Not introduce computer viruses, defective files, or any other computer program that may cause damage or alterations in the contents, systems of the Platform, or third parties.
- Not send mass and/or repetitive emails to a group of people, nor send email addresses of third parties without their consent.
- Not carry out advertising actions for goods or services without the prior consent of the Platform.
Any User may report other Users, where it is suspected that these Conditions are not being complied with. All Users may inform Metricfy of any abuse or violation of these Conditions through the Metricfy contact email. Metricfy shall verify this report, as soon as possible, and adopt the measures it deems appropriate, reserving the right to withdraw and/or suspend any User from the Platform when breaching these Conditions of Use. In addition, the Platform reserves the right to withdraw and/or suspend any message with illegal or offensive content, without the need for prior notice or subsequent notification.
Metricfy does not monitor nor shall assume responsibility with regard to the Users’ Content submissions through the Platform, being the Users the only ones responsible for the legal adequacy, as well as the correctness of said contents.
Metricfy is not responsible for the consequences that may arise from the complaints or disputes that third parties execute referring or invoking, either directly or indirectly, the information obtained through the Services.
Metricfy has no obligation to monitor and does not control the use that the Users make of the Platform and, therefore, does not guarantee the use of the Platform by the Users in accordance with the provisions of these Conditions nor the diligent and/or prudent use of the Platform. Metricfy has no obligation to verify and does not verify the identity of the Users nor the veracity, validity, completeness and/or authenticity of the data the Users provide.
Metricfy excludes any liability for damages of any nature that may be due to the illegal use of the Platform by the Users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that the Users provide to other Users about themselves, and particularly, although not exclusively, for the damages of any nature that may be due to the impersonation of a third party by a User in any kind of communication or transaction made through the Platform.
Notwithstanding the foregoing, Metricfy reserves the right to stop the provision, in whole or in part, of access to the Platform to certain Users, as well as to cancel, suspend, block or delete certain content, using technological tools suitable for this purpose, if Metricfy had actual knowledge of the illegality of the information stored or that it damages goods or rights of a third party. In this regard, Metricfy shall be able to establish the necessary filters to prevent illegal or harmful content from being published through the service.
Metricfy shall not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, interruptions of the Internet network, or for any other reason beyond its control.
Metricfy is not responsible for any security errors that may occur or for any damage that may be caused to the Users’ computer system (hardware and software), to the files or documents stored in it, as a consequence of the presence of a virus in the computer system or mobile terminal of the Users that is used for the connection to the Services of the Platform, as well as a malfunction of the browser or the use of non-updated versions thereof.
In accordance with the provisions of the Article 103 of Royal Legislative Decree 1/2007 of November 16, approving the rewritten text of the General Law for the Defence of Consumers and Users and other complementary laws, the services offered for contracting through the Platform must not be subject to the Right of Withdrawal according to said regulations, so when a service is contracted, it shall be considered that the execution of the service has begun, and therefore, the Users shall not be entitled to cancel or to recover the amount of the contracting.
Intellectual Property Rights
All the intellectual and industrial rights included in the Platform, as well as the contents accessible through it are property of Metricfy that owns the corresponding licenses.
The intellectual property rights of the Platform, as well as: texts, images, graphic design, navigation structure, information and contents that are included in it are owned by Metricfy. Metricfy shall have the exclusive right to use the aforementioned elements, as it shall deem fit, and more particularly, in relation to the copy, distribution, dissemination to the public and transformation thereof, in accordance with the Spanish Law of Intellectual and Industrial Property Rights.
In no case, the Users’ access to the Platform involves no type of resignation, transmission, license, or in whole or in part, cession of intellectual or industrial property rights by Metricfy.
It is not allowed to suppress, avoid or manipulate in any way the contents of the Metricfy Platform. It is also prohibited to modify, to copy, to reuse, to exploit, to reproduce, to publicly communicate, to make second or subsequent publications, to upload files, to send by mail, to transmit, to use, to treat or to distribute in any way all or part of the contents included in the Metricfy platform for public or commercial purposes, without having the express written authorization of Metricfy or the titular owner of corresponding rights.
Metrics for you, S.L. states its commitment to comply with current legislation at all times regarding data protection, specifically with the Organic Law 15/1999 of December 13, on the Protection of Personal Data; Royal Decree 1720/2007 of December 21, which approves the Regulations for the development of the Organic Law 15/1999; Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, and other applicable laws. In accordance with the provisions of the Article 5 of the Law 15/1999 of December 13, on the Protection of Personal Data, Users are informed that the personal data provided in the Platform shall be subject to automated processing and shall become part of a file owned by Metrics for you, S.L., as responsible for the files duly registered in the General Registry of the Spanish Agency for Data Protection, for the purposes of managing Users registered in the Metricfy Platform.
|Basic Information about Data Protection|
|The data controller||METRICS FOR YOU, S.L. NIF: B67093047.|
|Purpose of data processing||Management and provision of requested services.|
|The legitimacy of data processing||Form completion in the Platform, Users registration, and use of the Service.|
|The recipients of assignments and data transfers||Assignments to third parties are not allowed.|
|Rights||To Access, to rectify, and to cancel data, as well as other rights, as explained in the additional information.|
If any provision of these Conditions is null and void or voidable, said condition shall be deemed not stablished. Said declaration of invalidity shall not invalidate the rest of the Conditions, which shall maintain its validity and effectiveness between the parties.
If any provision of these Conditions is declared, in whole or in part, invalid or unenforceable, such invalidity or unenforceability shall affect only that provision or part thereof that is invalid or ineffective, remaining in all other respects, the rest of the legal notice. Such provision or part thereof affected shall be considered as not included.
These Conditions shall be governed by the Spanish legislation, which shall be applicable to the provisions of these Conditions concerning interpretation hereof, validity, and execution. Likewise, both parties shall be subject to the Courts and Tribunals of the city of Barcelona, renouncing their own jurisdiction area, if different.
The European Commission makes the online dispute resolution platform available to consumers in the European Union to resolve disputes that arise in electronic commerce in an amicable manner (Article 14, paragraph 1, Regulation (EU) 524/2013), under which the Users of the Platform have the right to submit claims at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES