Unicorn BI

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hello@unicornbi.com

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Terms and Conditions

General

Unicorn Bi welcomes you to the Unicorn Bi website (hereinafter “Unicorn Bi Site”) which is hosted by or for Unicorn Bi.

User’s Acceptance of Terms of Use:

These Terms of Use shall govern your access, visits and use of the Unicorn Bi Site. By accessing the Unicorn Bi Site or by registering for a Unicorn Bi Account, you are subject to the Terms of Use. If you do not agree to all of the Terms of Use, you should not access, visit or participate in the Unicorn Bi Site. There may be certain areas of the Unicorn Bi Site or Community Groups where access and/or use is subject to eligibility requirements and/or include specific or supplemental terms of use, in addition to those set forth here (“Supplemental Terms of Use”). These include, but are not limited to, the Terms of Service for Unicorn Bi Cloud Services and the Unicorn Bi Hosted Services Acceptable Use Policy. If there is a conflict between these Terms of Use and any Supplemental Terms of Use, then the Supplemental Terms of Use shall govern your use and access of that particular area of the Unicorn Bi Site. All Supplemental Terms are hereby incorporated into these Terms of Use by this reference. If you breach any of the applicable Terms of Use, your authorization to use the Unicorn Bi Site (including any Community Group) automatically terminates and you agree to immediately destroy any material you obtained from the Unicorn Bi Site or derived from material you obtained from the Unicorn Bi Site. Unicorn Bi reserves the right to modify, suspend or terminate the Unicorn Bi Site or any area within the Unicorn Bi Site, and/or these Terms of Use, from time to time at its sole discretion and without notice. Unicorn Bi will post any modified Terms of Use on the Unicorn Bi Site. Unicorn Bi may also impose limits on certain features and services or restrict your access to parts of the Unicorn Bi Site without notice or liability. You should periodically check the Terms of Use for such changes. Unicorn Bi may, but is not obligated to notify you of such changes. Your continued use of any part of the Unicorn Bi Site after Unicorn Bi posts such changes to the Terms of Use (regardless of whether Unicorn Bi has specifically notified you of such changes) shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use. Unicorn Bi will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Unicorn Bi Site and for any modification, suspension, or termination of the Unicorn Bi Site, or termination of your access to your Unicorn Bi Account.

Registration and Eligibility:

You must be at least eighteen (18) years old to have a Unicorn Bi Account which makes you eligible to access certain areas of the Unicorn Bi Site, Unicorn Bi Cloud Services, Unicorn Bi Community and Community Groups. If you wish to have a Unicorn Bi Account, you must provide current, accurate, and complete information about yourself during the account registration process. By obtaining a Unicorn Bi Account, you expressly agree to be bound by these Terms of Use as entered into by and between Unicorn Bi and you. You are responsible for maintaining the confidentiality of your Unicorn Bi Account password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. No one under the age of 13 is permitted to use the Unicorn Bi Site or register for a Unicorn Bi Account. Parental consent is required for a person between the ages of 13 -18 to register for a Unicorn Bi Account or use the Unicorn Bi Site.

You must maintain and promptly update any account information provided to Unicorn Bi in order to keep such information up to date, accurate and complete. Unicorn Bi reserves the right to refuse access to certain areas of the Unicorn Bi Site to anyone, at any time, without notice, and for any reason. If you have a Unicorn Bi Account, you agree that Unicorn Bi, or third parties acting on Unicorn Bi’s behalf, may send you important information and notices regarding the Unicorn Bi Site by email, text messaging or other means based on the information you have provided to Unicorn Bi. These Terms of Use are void where prohibited by law and the right to access the Unicorn Bi Site is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Unicorn Bi Site.

Conduct:

You must abide by the following rules of conduct:

  1. Do not engage in any unlawful conduct on the Unicorn Bi Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information on the Unicorn Bi Site.
  2. Treat others on the Unicorn Bi Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll”, i.e. post topics or opinions that are designed to provoke a negative response from one or more specific users.
  3. Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
  4. Do not engage in disruptive activity on the Unicorn Bi Site, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
  5. Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or otherwise have rights to use and exploit those materials as contemplated within these Terms of Use.
  6. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users’ computers or to inappropriately access software or websites.
  7. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
  8. Do not falsely represent yourself to be any other person in the forum, including impersonating Unicorn Bi employees or agents.
  9. Do not use the Unicorn Bi Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
  10. Do not misrepresent the source of anything you contribute.
  11. While you may use certain aspects of the Unicorn Bi Site (such as Unicorn Bi Community), as designated by Unicorn Bi, to provide supplemental information about your own business that might be of interest to other users (without spamming them), you shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, or advertisement. You agree not to solicit other users of the Unicorn Bi Site to use or join or become members of any other commercial online or offline service or other organization.
  12. You are responsible and liable for all your activities while participating on the Unicorn Bi Site, including anything you contribute.
  13. Do not rely on the Unicorn Bi Site for the safe and secure storage of any materials. The Unicorn Bi Site is not designed as the primary place to store any of these materials, and Unicorn Bi is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Unicorn Bi Site.
  14. Unicorn Bi reserves the right at any time, without notice, to ban or suspend access rights of any user who violates these Terms of Use.
  15. Some participants may post within the Unicorn Bi Site links to other Internet websites. Unicorn Bi is not responsible for the accuracy of these links or the content on the websites associated with these links.
  16. You are responsible for any actions you may take based on information or advice you receive through the Unicorn Bi Site (including Unicorn Bi Community). As with any communication service, use your own good judgment when evaluating or acting upon information provided through the Unicorn Bi Site.
  17. Information exchanged on the Unicorn Bi Site is not confidential. For example, do not upload content to Unicorn Bi Community which contains sensitive, personal or otherwise confidential data of yours or any third party, such as your employer or customers. Unicorn Bi is not a data processor of such data and Unicorn Bi Community must not be used to store such data content.

Contributions:

There are opportunities for you as a Unicorn Bi Account holder to actively participate by creating, providing, sharing and uploading information to the Unicorn Bi Site such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other data, material or information (individually and collectively “Contributions”).

Contributions Ownership, Rights and Responsibilities:

Unicorn Bi does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the Unicorn Bi Site. By providing Contributions, you grant to Unicorn Bi and each Unicorn Bi Site user under all intellectual, industrial and proprietary rights a perpetual, worldwide, non-exclusive, sublicensable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit such Contributions for any and all purposes. In order to grant Unicorn Bi and other users of the Unicorn Bi Site the rights, permissions and licenses described herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions and that your Contributions do not violate any intellectual, industrial or other proprietary rights of others. By uploading Contributions to the Unicorn Bi Site, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. You acknowledge and agree that all Contributions are provided on a non-confidential basis notwithstanding any designation or notation of confidentiality. All Contributions are subject to these Terms of Use, and Unicorn Bi reserves the right to remove at any time, without notice, any Contribution in violation thereof. For clarity, however, Unicorn Bi has no obligation to monitor or remove Contributions, and Unicorn Bi assumes no responsibility or liability for Contributions shared among users.

Third Party Web Sites, Content, Products and Services:

The Unicorn Bi Site may contain links to web sites and access to Contributions, content (including opinions, advice, statements and advertisements), products and services from third parties (collectively “Third Party Content”). These links are available through the Unicorn Bi Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Unicorn Bi is not responsible for the availability of, any such Third Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Unicorn Bi is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with any third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Unicorn Bi is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Disclaimer:

Unicorn Bi HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE Unicorn Bi SITE (INCLUDING, BUT NOT LIMITED TO, Unicorn Bi CLOUD SERVICES, Unicorn Bi COMMUNITY AND ALL COMMUNITY GROUPS) AND ALL Unicorn Bi SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Unicorn Bi AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Unicorn Bi AND ITS SUPPLIERS MAKES NO WARRANTY THAT THE Unicorn Bi SITE, CUSTOMER COMMUNITIES OR Unicorn Bi SITE CONTENT WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Unicorn Bi SITE, CUSTOMER COMMUNITIES OR ANY Unicorn Bi SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THE QUALITY OF ANY Unicorn Bi SITE CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE Unicorn Bi SITE WILL MEET YOUR EXPECTATIONS. ANY Unicorn Bi SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Unicorn Bi SITE IS DONE AT YOUR OWN DISCRETION AND RISK. Unicorn Bi AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES.

Limitation of Liability:

IN NO EVENT SHALL Unicorn Bi OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE Unicorn Bi SITE OR ANY Unicorn Bi SITE CONTENT OR CUSTOMER COMMUNITIES; (B) YOUR RELIANCE UPON ANY OF THE Unicorn Bi SITE CONTENT, (C) Unicorn Bi’S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE Unicorn Bi SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF Unicorn Bi. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Unicorn Bi IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Unicorn Bi’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE Unicorn Bi SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER ACCOUNT SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY Unicorn Bi PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE Unicorn Bi PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Indemnification:

If Unicorn Bi and its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to (a) your breach of these Terms of Use (or any Supplemental Terms of Use), (b) your use of the Unicorn Bi Site, or (c) your Contributions or anything you upload or make accessible through the Unicorn Bi Site, you agree to indemnify and hold Unicorn Bi and its subsidiaries, affiliates, directors, officers, agents, and employees free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney’s fees and expenses.

Privacy Policy:

Unicorn Bi does not require that you provide personal information, the decision to provide personal information is voluntary. However, in order to register for a Unicorn Bi Account, you must provide personal information. By providing your personal information to Unicorn Bi, you consent to the collection, processing and storage by Unicorn Bi of your personal information in accordance with the terms of Unicorn Bi’s Cookie & Privacy Policy. Unicorn Bi may monitor user behavior of its products and use of Unicorn Bi ID to (i) improve our products and services, (ii) market-related products and services to users and (iii) monitor for suspicious behavior to mitigate security or compliance issues in the use of Unicorn Bi products and services.

Applicable Law; Dispute Resolution:

These Terms of Use shall be governed by and construed in accordance with the laws of Sweden (excluding the U.N. Convention on Contracts for the International Sale of Goods) and any dispute, controversy or claim arising out of or in connection with these Terms of Use or the breach, termination or invalidity thereof, shall be settled by arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). Where the amount in dispute clearly does not exceed EUR 100,000, the SCC Institute’s Rules for Expedited Arbitration shall apply and the arbitral tribunal shall be composed of a sole arbitrator. Where the amount in dispute clearly exceeds the foregoing amount, the Rules of the SCC Institute shall apply and the arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Lund, Sweden. The language to be used in the arbitral proceedings shall, unless otherwise agreed, be English.