Terms of Service, for Track by Paper.li

Last revised November 24, 2016

Please read these Terms carefully before using the services offered at track.paper.li or any affiliated sites.

These Terms of Service ("Terms") are a legal agreement between Finity SA, new name of the company as of October 27 2016 (previously named Smallrivers SA), a company registered in Switzerland ("Finity", "Paper.li", "we"), the producer and owner of the Paper.li Service Track by Paper.li ("Track", "Service" or "Services") and you ("you" or "user"), the user accessing Track by Paper.li. Both you and Finity can also be referred as "Parties" or "Party" hereafter.

Please note that these Terms only govern the use of the service Track by Paper.li. For all other services empowered by Paper.li, please refer to their dedicated terms, which can be found here (Paper.li, Paper.li Pro and Juice by Paper.li terms).

It is essential for Finity to clarify the legal relationship with you in order to ensure an adequate level of service and its development for the benefit of all users. This means that by using the Service you agree to be bound by these Terms. If you do not agree with them you should not use the Service and should cancel any subscription in accordance with your cancellation rights (see below). If you have any questions please contact tracksupport@paper.li.

We also ask you to read attentively our general Privacy Policy and our Copyright and Intellectual Property Policy, to which you are also bound if you use the Service.

As Finity may, in its sole discretion, modify or revise these Terms at any time to continue to offer you the most adequate level of service, you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date Terms at http://track.paper.li/terms.html.

Definition and object of the Service

Finity develops and makes available to you solutions that help to monitor and collect publicly available news about your competitors and your market in a greatly time saving way. The links to these collected articles, pointing to the websites which are publishing them, are sent to you by email on a regular manner. The email addresses used for these sendings are the ones you have indicated during the registration process and the ones you have accepted to add while using the Service. For more detailed information about the Service, please refer to Track.Paper.li homepage. The provision of such Service is governed by the present Terms.

Service subscription and contract conclusion

When you purchase a Service subscription you get a non-exclusive and non-transferable right to use the Service. While you can use the Services for any business purpose, it must be your own usage.
If you are a marketing or public relations agency using the Service on behalf of your client(s), you agree that:

  • The agreement between you and your client(s) is as protective of Finity rights as this Terms.

  • That agreement permits you to provide us with your client(s)’ information , and act on their behalf, if applicable.

  • You are solely responsible for delivery of your agency services to your client.

You apply for the usage of Service via an online order form or any other forms (Registration Form) that Finity proposes. The data requested during registration shall correspond to the truth. Based on your Registration Form, Finity shall provide you with its written offer ("Written Offer") by email. You shall confirm your agreement with the Written Offer via email or by sending the written offer with signature by fax. This confirmation ("Agreed Written Offer") shall then constitute a legal contract between the you and Finity. The moment (date and hour) of your Agreed Written Offer sending shall constitute the contract conclusion date ("Contract Conclusion"). If the data stated by you during registration changes, you are requested to notify Finity immediately, by email or any written manner.

Finity obligations

After Contract Conclusion, Finity grants you access for the usage of the Service for the duration of the Contract as defined in and by the agreed Written Offer.

Finity agrees to keep all received data and information acquired during the registration process confidential and not to forward them to third parties unless strictly needed to fulfill its Service provisioning or per legal injunction.

Finity performs its obligations under these Terms to a consistently high standard and in accordance with any applicable industry accepted codes of practice using appropriately qualified and trained personnel and due care, skill and diligence and provide the Service to you at a high standard of quality, functionality, speed and efficiency. However, we provide the Service "as is" without any warranty or condition of any kind.

Your obligations

Simple. You may not make improper use of the Service, and especially you may not spam other email addresses with the email messages you receive from the Service.
You are responsible for the type and manner of usage of the Service.

Contract Duration, Cancellation and Renewal

The contract duration commences at the agreed upon date between you and Finity. This date is clearly stated in the Agreed Written Offer. The contract duration is also specifically defined in the Agreed Written Offer.
Should it be specifically defined in the Agreed Written Offer, a trial period could apply. In that case specific duration and/or cancellation rights are clearly defined in the Agreed Written Offer.

Either Party may terminate this Agreement at any time with immediate effect upon written notice to the other if:

  • the other Party is in material or persistent breach of this Agreement and, in the case of material breach, where such breach is capable of remedy, has not been remedied within 30 days of receiving written notice to do so;

  • the other Party becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, has an order or a resolution passed for its winding up or dissolution or if the other party appoints a liquidator or similar officer for its business or assets; or

  • the other Party ceases, or threatens to cease, to do business

With the exception of the points specified above and unless defined differently in the Agreed Written Offer, the Service provisioning can't be cancelled before the end of the contract duration.

Unless defined differently in the Agreed Written Offer, the use of the Service is proposed for a defined and renewable duration. The Contract automatically extends by the previously valid duration. The cancellation must be done in writing via email, fax or mail. The agreement concerning the usage of the Service ends with the cancellation.

Payment and refund

The price and payment terms of the Service are defined in the Agreed Written Offer on your Order Confirmation.
Unless otherwise specified in the Agreed Written Offer, payment is due upfront in a single lump sum and is invoiced at the start of the Service provisioning (first-time customers) or in advance of your renewal. You are responsible for paying any applicable taxes, which aren’t included in the price and will appear on your invoice.

Since Finity is offering non-tangible irrevocable goods during a certain period of time, we do not issue refunds once the order is accomplished and the license to use is granted.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.

Third Party Services and Content

Upon your own selection's decisions (defined as "users' Topic tracking Decisions"), the Paper.li Service aggregates abstracts of content (Content) originated and made publically accessible by third party services and websites, and contains links pointing to such third-party websites or resources for full Content discovery and reading.
Finity cannot take responsibility for such Content. Any use or reliance on any Content or materials posted, submitted or displayed on or through the Service shall be at your own risk.
Third Party Services are not within the supervision or control of Finity. The Service may contain links to Third Party Services displaying Content that some people may find offensive or inappropriate. Unless explicitly otherwise provided, Finity makes no representations or warranties whatsoever about any third party service, or endorse the Content, products or services offered through such third party service.
You acknowledge and agree that we are not responsible or liable for any third party services, Content, product or services, or third-party resources, and/or the functionality of third party services. Finity makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
You hereby irrevocably waive any claim against the Service or Finity with respect to such third party websites, Content, services, applications or widgets. You acknowledge and agree that in addition to these Terms, any use of third party services is subject to, and you shall comply with, the terms and conditions applicable to such third party services.

Trademarks and other Rights

All rights, title, and interest, including without limitation all Intellectual Property Rights, in and to Finity and affiliated websites are and will remain the exclusive property of Finity. Finity, Paper.li and all other Finity' logos, marks and designations are trademarks or registered trademarks of Finity.
The Service is protected by copyright and other laws of both Switzerland and foreign countries. These Terms and the use of the Service do not grant with a license or the authorization to use the name of Paper.li or any of the Finity trademarks, logos or domain names.

All other trademarks mentioned in the Service are the property of their respective owners. The trademarks and logos displayed on the Service may not be used without the prior written consent of Finity or their respective owners.

Warranty disclaimer

You agree that your use of the Service shall be at your own risk. To the fullest extent permitted by law, Finity, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Service and its use thereof.

You release Finity from all liability for you having accessed or not accessed Content through the Service. Finity makes no representations concerning any Content contained in or accessed through the Service, and will not be responsible or liable for the accuracy, copyright, trademark or any other intellectual property law compliance, legality or decency of material contained in or accessed through the Services.

Finity makes no warranties or representations about the accuracy or completeness of the Content, or the Content contained in Third Party Services, and assumes no liability or responsibility for any harm, loss or damage resulting from:

  • use of the Service;

  • use of Content contained in or accessed through the Service;

  • errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Service;

  • completeness, accuracy, availability, timeliness, security or reliability of the Service and any content displayed thereon;

  • temporary or permanent interruption or cessation of our Service;

  • any viruses, bugs, worms, trojan horses, or the like, which may be transmitted by any third party to or through our Services to your computer system;

  • any content posted in any community area of the Paper.li site;

  • unauthorised disclosure of information, images or any other data resulting from the use of the Service;

  • non-compliance by Third Party Services and/or their users with applicable laws and regulations.

For clarity, you agree that Finity has no fiduciary duty to you. In particular, Finity has no duty to take any action to control or otherwise supervise which users gain access to and cannot guarantee the identity of any other users with whom you may interact in the course of using the Services or the authenticity of data provided by other users. Finity has no control whatsoever over the Content of Third Party Services you access via the Services, and therefore cannot be held liable and assumes no responsibility for any use or interpretation of the Content by you, for any effect the Content may have on you, or for any action you may take as a result of having been exposed to the Content.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Finity, its directors, officers, employees, agents, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including costs and attorneys' fees, arising from any claim or demand made by any third party due to or arising out of:

  • your access to or use of the Service;

  • your violation of any of these Terms;

  • your infringement, or the infringement by any third party using your registration information, of any third party right, including without limitation any copyright, property;

  • any claim that your use of the Services caused damage to a third party.

This indemnification obligation will survive these Terms of Use and your use of the Service.

Limitation of liability

In no event shall Finity, its directors, officers, shareholders, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any:

  • use of or inability to access or use the Service;

  • use of information or content contained in or accessed, or obtained, through the Service;

  • errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Service;

  • any viruses, bugs, worms, trojan horses, or the like, which may be transmitted to or through our Service by any third party to your computer system;

  • any content posted by users or third parties in any community area of the Service;

  • unauthorized disclosure of information, images or any other data resulting from the use of the Service;

  • any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third party, or

  • any unauthorized use of copyright, trademark or any other intellectual property rights by any Third Party services and/or their users.

Breach of terms

Finity may terminate or suspend any and all Services immediately, without prior notice or liability, if you breach these Terms. Upon any such termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Law and jurisdiction

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of Switzerland.
All claims, legal proceedings or litigation arising from or relating to the subject matter of these Terms shall be brought solely in Lausanne, Switzerland, and you consent to the jurisdiction of and venue in such courts and waive any objection thereto.

Miscellaneous

Both parties agree that these Terms, together with the Privacy Policy, Intellectual Property Policy and any other operating rules, policies and procedures posted through the Services comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be construed so as to best accomplish its intended objectives. The remaining provisions of these Terms shall remain in full force and effect.

The Terms of Use is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party.