UXCam Terms of Services


Welcome to the Web site of UXCam, Inc., a U.K. corporation ("UXCam," "we," or "us"). Your use of this Web site (the "Site") and the services made available on the Site is subject to these Terms of Use (these "Terms"). BY CLICKING THE "SIGN UP" BUTTON, COMPLETING THE REGISTRATION PROCESS, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT. By using any of our Services, you agree to be bound by, and use our Services in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE OUR SERVICES.

We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.

1. LICENSE TO USE OUR SERVICES

Subject to these Terms, we grant to you a limited, personal, non-exclusive, non-transferable license to use our Services for your personal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms.

Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:
(i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services;
(ii) rent, lease or sublicense access to any of our Services; or
(iii) circumvent or disable any security or technological features or measures of our Services.

2. ACCESS TO OUR SERVICES

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

3. PRIVACY POLICY

We may collect registration and other information about you through our Services. Our collection and use of this information is governed by our Privacy Policy.

4. Member Account, Password, and Security.

To register for the Service, You must complete the registration process by providing UXCam with current, complete and accurate information as prompted by the registration form, including Your e-mail address (username) and password. You will protect Your passwords and take full responsibility for Your own, and third party, use of Your accounts. You are solely responsible for any and all activities that occur under Your Account. You will notify UXCam immediately upon learning of any unauthorized use of Your Account or any other breach of security. UXCam's (or its wholly-owned subsidiaries') support staff may, from time to time, log in to the Service under Your customer password in order to maintain or improve service, including to provide You assistance with technical or billing issues.

5. Nonexclusive License.

Subject to the terms and conditions of this Agreement,
(a) UXCam grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the UXCam agent solely as necessary for You to use the Service and
(b) You will not (and You will not allow any third party to)
(i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation;
(ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which You are located;
(iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Service;
(iv) remove any proprietary notices or labels on the Software or placed by the Service;
(v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software. You will comply with all applicable laws and regulations in Your use of and access to the Documentation, Software, Service and Reports.

6. Confidentiality.

Neither party will use or disclose the other party's Confidential Information without the other's prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order; in which case, the party being compelled to disclose Confidential Information will give the other party as much notice as is reasonably practicable prior to disclosing the Confidential Information. Upon termination of this Agreement, the parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.

7. Information Rights and Publicity.

UXCam and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy (located at), information collected in Your use of the Service. UXCam will not share Your Customer Data or any Third Party's Customer Data with any third parties unless UXCam
(i) has Your consent for any
Customer Data or any Third Party's consent for the Third Party's Customer Data;
(ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of Customer Data is reasonably necessary to protect the rights, property or safety of UXCam, its users or the public; or
(iii) provides Customer Data in certain limited circumstances to third parties to carry out tasks on UXCam behalf (e.g., billing or data storage) with strict restrictions that prevent the data from being used or shared except as directed by UXCam. When this is done, it is subject to agreements that oblige those parties to process Customer Data only on UXCam's instructions and in compliance with this Agreement and appropriate confidentiality and security measures.

8. Privacy.

You will not (and will not allow any third party to) use the Service to track, collect or upload any data that personally identifies an individual (such as a name, email address or billing information), or other data which can be reasonably linked to such information by UXCam. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws and regulations relating to the collection of information from Visitors. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies that are used to collect traffic data, and You must not circumvent any privacy features (e.g., an opt-out) that are part of the Service.

9. Your Content & Conduct

Our Service allows you to collect videos of your application's users' behavior to improve the experience you provide. You are responsible for omitting any personally identifiable information from the recordings and otherwise abiding by your application's privacy policy to its end users. You are also responsible for this content's legality.

When you collect these videos using the Service, you grant us the right to modify and distribute the content to you on or through the Service. We may format or otherwise alter your content for display throughout the Service as necessary.

Aside from our limited rights to your content, you retain all of your rights to the content you collect using the Service.

You can remove the content that you uploaded by deleting it. Once you delete your content, it will not appear on the Service, but copies of your deleted content may remain in our system or backups for some period of time. We will retain web server access logs for as long as necessary and then delete them.

You may not post, link, record, upload and otherwise make available on or through the Service any of the following:

Also, you agree that you will not do any of the following in connection with the Service or other users:

10. Indemnification.

To the extent permitted by applicable law, You will indemnify, hold harmless and defend UXCam and its wholly owned subsidiaries, at Your expense, from any and all third-party claims, actions, proceedings, and suits brought against UXCam or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by UXCam or any of its officers, directors, employees, agents or affiliates, arising out of or relating to
(i) Your breach of any term orcondition of this Agreement,
(ii) Your use of the Service,
(iii) Your violations of applicable laws, rules or regulations in connection with the Service,
(iv) any representations and warranties made by You concerning any aspect of the Service, the Software or Reports to any Third Party;
(v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of the Service, the Software or Reports;
(vi) violations of Your obligations of privacy to any Third Party; and
(vii) any claims with respect to acts or omissions of any Third Party in connection with the Service, the Software or Reports.
UXCam will provide You with written notice of any claim, suit or action from which You must indemnify UXCam. You will cooperate as fully as reasonably required in the defense of any claim. UXCam reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You.

11. Third Parties.

If You use the Service on behalf of the Third Party or a Third Party otherwise uses the Service through Your Account, whether or not You are authorized by UXCam to do so, then You represent and warrant that (a) You are authorized to act on behalf of, and bind to this Agreement, the Third Party to all obligations that You have under this Agreement, (b) UXCam may share with the Third Party any Customer Data that is specific to the Third Party's Properties, and (c) You will not disclose Third Party's Customer Data to any other party without the Third Party's consent.

12. DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, UXCAM MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.

13. LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, UXCAM WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE UXCAM OR ITS SUBSIDIARIES AND AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. UXCAM's (AND ITS WHOLLY OWNED SUBSIDIARIES' TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED $500 (USD).

14. Proprietary Rights Notice.

The Service, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of UXCAM (and its wholly owned subsidiaries). All rights in and to the Software not expressly granted to You in this Agreement are reserved and retained by UXCAM and its licensors without restriction, including, UXCAM's (and its wholly owned subsidiaries') right to sole ownership of the Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and not to allow any third party to):
(a) sublicense, distribute, or use the Service or Software outside of the scope of the license granted in this Agreement;
(b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to the Service;
(c) rent, lease, sell, assign or otherwise transfer rights in or to the Software or the Service;
(d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service or the Software;
(e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of UXCam;
(f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with UXCam (or its wholly owned subsidiaries) other than in the name of UXCam (or its wholly owned subsidiaries, as the case may be); or
(g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

15. Term and Termination.

Either party may terminate this Agreement at any time with notice. Upon any termination of this Agreement, UXCAM will stop providing, and You will stop accessing the Service. In the event of any termination (a) You will not be entitled to any refunds of any usage fees or any other fees, and (b) any (i) outstanding balance for Service rendered through the date of termination, and (ii) other unpaid payment obligations during the remainder of the Initial Term will be immediately due and payable in full and (c) all of Your historical data will no longer be available to You.

16. CONTACTING US

If you have any questions or concerns about our Services or these Terms, you may contact us at:


UXCam
814 Mission Street
Floor 6
San Francisco, CA 94103
or by email at support@uxcam.com