Terms & Conditions

Effective day Nov 01 2018

This Analytical Market Research Subscription Terms of Service ("Agreement") is entered into by and between the Analytical Market Research entity set forth below ("Analytical Market Research") and the entity or person placing an order for or accessing any Services ("Customer" or "you"). If you are accessing or using the Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to "you" or "Customer" reference your company.

This Agreement permits Customer to purchase subscriptions to online Research reports service products and other products and services from Analytical Market Research pursuant to any Analytical Market Research ordering documents, online registration, order descriptions or order confirmations referencing this Agreement ("Order Form(s)") and sets forth the basic terms and conditions under which those products and services will be delivered. This Agreement will govern Customer's initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.

The "Effective Date" of this Agreement is the date which is the earlier of (a) Customer's initial access to any Service (as defined below) through any online provisioning, registration or order process or (b) the effective date of the first Order Form referencing this Agreement. As used in this Agreement, "Analytical Market Research" means (a) Analytical Market Research.

Modifications to this Agreement : From time to time, Analytical Market Research may modify this Agreement. Unless otherwise specified by Analytical Market Research, changes become effective for Customer upon renewal of Customer's current Subscription Term (as defined below) or entry into a new Order Form. Analytical Market Research will use reasonable efforts to notify Customer of the changes through communications via Customer's account, email or other means. Customer may be required to click to accept or otherwise agree to the modified Agreement before renewing a Subscription Term or entering into a new Order Form, and in any event continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer's acceptance of such updated version.

BY INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT OR ACCESSING OR USING ANY SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT USE ANY SERVICES. FOR CLARITY, EACH PARTY EXPRESSLY AGREES THAT THIS AGREEMENT IS LEGALLY BINDING UPON IT.
THIS AGREEMENT CONTAINS MANDATORY ARBITRATION PROVISIONS THAT REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. PLEASE READ IT CAREFULLY.

1.1 Definitions

"Affiliate" means any entity under the control of Customer where "control" means ownership of or the right to control greater than 50% of the voting securities of such entity. "AUP" means Analytical Market Research's Acceptable Use Policy, available at or a successor URL.www.analyticalmarketresearch.com

"Contractor" means an independent contractor or consultant who is not a competitor of Analytical Market Research.

"Customer Data" means any data of any type that is submitted to the Services by or on behalf of Customer, including without limitation: (a) data submitted, uploaded or imported to the Services by Customer (including from Third Party Platforms) and (b) data provided by or about People (including chat and message logs) that are collected from the Customer Properties using the Services.

"Customer Properties" means Customer's websites, apps, or other offerings owned and operated by (or for the benefit of) Customer through which Customer uses the Services to communicate with People.

"Dashboard" means Analytical Market Research's user interface for accessing and administering the Services that Customer may access via the web or the Analytical Market Research Apps.

"Documentation" means the technical user documentation provided with the Services.

"Feedback" means comments, questions, suggestions or other feedback relating to any Analytical Market Research product or service.

"Analytical Market Research App" means any mobile application or desktop client software included in the applicable Service that is made available by Analytical Market Research.

"Analytical Market Research Code" means certain JavaScript code, software development kits (SDKs) or other code provided by Analytical Market Research for deployment on Customer Properties.

"Laws" means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.

"People" (in the singular, "Person") means Customer's end user customers, potential customers, and other users of and visitors to the Customer Properties.

"Permitted User" means an employee or Contractor of Customer or its Affiliate who is authorized to access the Service.

"Sensitive Personal Information" means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards ("PCI DSS"); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act ("HIPAA"); or (iii) any other personal data of an EU citizen deemed to be in a "special category" (as identified in EU Data Protection Directive 95/46/EC or any successor directive or regulation).

"Services" means Analytical Market Research's proprietary software-as-a-service solution(s), including the Dashboard, Analytical Market Research application programming interfaces (APIs), Analytical Market Research Code and Analytical Market Research Apps, as described in the applicable Order Form.

"Taxes" means any sales, use, GST, value-added, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Analytical Market Research.

"Third-Party Platform" means any software, software-as-a-service, data sources or other products or services not provided by Analytical Market Research that are integrated with Services as described in the Documentation.