Terms of Service

The Website, the Services, and the software and systems used by the Company (collectively, the "Company Properties") are protected by copyright, trademarks, patents, or other proprietary rights and laws throughout the world. Subject to the terms herein, including the payment of applicable fees, the Company grants to you a non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services for your internal business purposes.

1.1 Authorized Users and Usage Limits

Your usage of our Services is subject to any limitations set forth in your order issued either pursuant to our pricing page or any written order form between you and the Company. Only Authorized Users are permitted to access and use the Service.

1.2 Updates

Company Properties are evolving. Company may require you to accept updates to Company Properties that you have installed on your computer, with or without notifying you.

1.3 Certain Restrictions

The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Company Properties; (b) you shall not frame or use framing techniques to enclose any trademark, logo, or other Company Properties; (c) you shall not use metatags or other "hidden text" using Company's name or trademarks; (d) you shall not modify, translate, adapt, merge, decompile, or reverse engineer any part of Company Properties; (e) you shall not access Company Properties to build a similar or competitive website, application or service; (f) no part of Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted without authorization; and (g) you shall not remove or destroy any copyright notices contained on or in Company Properties.

1.4 Third-Party Materials

As a part of Company Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.

2.1 Registering Your Account

In order to access certain features of Company Properties you may be required to become a Registered User by registering an account on the Website.

2.2 Registration Data

In registering an account, you agree to provide true, accurate, current and complete information and to maintain and promptly update that information. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone. You agree to notify Company immediately of any unauthorized use of your password or any other breach of security.

2.3 Your Account

You acknowledge and agree that you shall have no ownership or other property interest in your Account, and that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.

2.4 Necessary Equipment and Software

You must provide all equipment and software necessary to connect to Company Properties. You are solely responsible for any fees, including Internet connection fees, that you incur when accessing Company Properties.

3.1 Types of Content

You acknowledge that all data, information, text, images, and other materials (collectively, "Content") is the sole responsibility of the party from whom such Content originated. You, and not Company, are entirely responsible for all Content that you upload, post, or otherwise make available through Company Properties.

3.2 No Obligation to Pre-Screen Content

Company has no obligation to pre-screen Content, although Company reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Company shall have the right to remove any Content that violates the Terms or is otherwise objectionable.

3.3 Storage

Unless expressly agreed to by Company in writing, Company has no obligation to store any of Your Content. You agree that Company retains the right to create reasonable limits on storage of Content, such as limits on file size, storage space, and processing capacity.

4.1 Company Properties

Except with respect to Your Content and User Content, you agree that Company and its suppliers own all rights, title and interest in Company Properties.

4.2 Your Content

Company does not claim ownership of Your Content. However, when you post or publish Your Content on or in Company Properties, you represent that you own and/or have the right to use, license, reproduce, modify, distribute, and display Your Content.

4.3 Feedback

You agree that submission of any ideas, suggestions, documents, or proposals to Company is at your own risk and that Company has no obligations with respect to such Feedback. You hereby grant to Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, distribute, adapt, modify, and otherwise exploit any Feedback.

In connection with your use of Company Properties, you shall not:

• Make Available any Content that is unlawful, defamatory, obscene, libelous, or otherwise objectionable, or that violates any applicable law or regulation
• Harm minors in any way
• Impersonate any person or entity
• Make Available any Content that you do not have a right to share under any law or contractual relationship
• Make Available any Content that infringes the rights of any person, including any patent, trademark, trade secret, copyright, privacy, or other proprietary rights
• Violate any applicable local, state, national or international law or regulation
• Encourage or assist any third party in doing any of the foregoing

Company may, but is not obligated to, monitor or review Company Properties and Content at any time. Company shall have the right, in its sole discretion, to remove any of Your Content for any reason. If Company becomes aware of any possible violations by you of any provision of the Terms, Company reserves the right to investigate such violations and may immediately terminate your license to use Company Properties.

7.1 Payment

You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law.

7.2 Service Subscription Fees

Each subscription will commence as of the Service Commencement Date and continue for the period for which fees have been paid. Upon expiration, your subscription will automatically renew for successive periods of equivalent duration, unless either party gives the other written notice of its intent not to renew at least thirty (30) days prior to expiration. Except as set forth in the Terms, all fees for the Services are non-refundable.

7.3 Taxes

Company's fees are net of any applicable Sales Tax. If any Services or payments are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Company, you will be responsible for the payment of such Sales Tax and any related penalties or interest.

7.4 Free Trials and Other Promotions

Any free trial or promotion that provides access to additional features must be used within the specified time. At the end of the trial period, your use of that Service will expire unless you agree to pay the applicable subscription fee.

7.5 Disputes

You must notify us in writing within seven (7) days after receiving your invoice if you dispute any charges, or such dispute will be deemed waived. Billing disputes should be notified to support@scoopanalytics.com.

You agree to indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Company Properties; (c) your violation of the Terms; (d) your violation of any rights of another party; or (e) your violation of any applicable laws, rules or regulations.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SCOOP ANALYTICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Company does not represent or warrant that: (a) your use of the Services will meet your requirements, (b) your use of the Services will be uninterrupted, timely, secure or free from error, or (c) usage data provided through the Services will be accurate.

SCOOP ANALYTICS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.

IN NO EVENT SHALL SCOOP ANALYTICS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE THOUSAND DOLLARS ($1,000.00), WHICHEVER IS GREATER.

If Company becomes aware of any possible violations by you of the Terms, Company reserves the right to investigate such violations and, if criminal activity has occurred, to refer the matter to applicable legal authorities. Company is entitled to disclose any information or materials on or in Company Properties in its possession to comply with applicable laws, enforce the Terms, or protect the rights, property or personal safety of Company, its users, or the public.

In the event that Company determines you have breached any portion of the Terms, Company reserves the right to warn you, delete Your Content, discontinue your registration, discontinue your subscription, notify law enforcement, or pursue any other action it deems appropriate.

12.1 Term

The Terms commence on the date when you accept them and remain in full force and effect while you use Company Properties, unless terminated earlier in accordance with the Terms.

12.2 Termination by Company

If timely payment cannot be charged, if you have materially breached any provision of the Terms, if you abuse or unreasonably interfere with the operation of the Services, or if Company is required to do so by law, Company has the right to immediately suspend or terminate these Terms and any Services provided to you.

12.3 Termination by You

If you have any trouble closing your Account, please contact us at support@scoopanalytics.com. If you have a paid subscription, you are responsible for paying the full amount for the entire Subscription Term, regardless of whether you terminate early.

12.4 Effect of Termination

Termination of any Service includes removal of access to such Service and barring of further use. Termination of all Services also includes deletion of your password and all related information, files and Content associated with your Account. All provisions of the Terms which by their nature should survive shall survive termination, including ownership provisions, warranty disclaimers, and limitation of liability.

13.1 Applicability of Arbitration Agreement

You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Company, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, and (2) you or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights.

13.2 Arbitration Rules and Forum

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted in Santa Clara County, California, by JAMS. Each party will be responsible for its respective arbitration and legal costs.

13.3 Authority of Arbitrator

The arbitrator shall have exclusive authority to determine the scope and enforceability of this Arbitration Agreement and to resolve any dispute related to its interpretation. The award of the arbitrator is final and binding upon you and Company.

13.4 Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

13.5 Waiver of Class Relief

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

13.6 30-Day Right to Opt Out

You have the right to opt out of this Arbitration Agreement by sending written notice to support@scoopanalytics.com within 30 days after first becoming subject to this Arbitration Agreement.

14.1 Electronic Communications

You consent to receive communications from Company in an electronic form and agree that all terms, conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if in writing.

14.3 Assignment

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Company's prior written consent.

14.4 Force Majeure

Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, fire, floods, accidents, or strikes.

14.5 Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to Company Properties, please contact us at support@scoopanalytics.com.

14.6 Exclusive Venue

To the extent the parties are permitted to initiate litigation in a court, both you and Company agree that all claims and disputes will be litigated exclusively in the State or Federal Courts located in Santa Clara County, California.

14.7 Governing Law

The Terms and any action related thereto will be governed and interpreted by the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

14.12 Changes to the Terms

These Terms may be amended or updated from time to time without notice. It is your responsibility to review these Terms for any changes. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms.

14.13 Entire Agreement

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Scoop's use and transfer of information received from Google APIs to any other app is used solely to extract reports from a subset of emails of your choosing and will adhere to the Google API Services User Data Policy, including the Limited Use requirements.