Users of the Services offered by KPI6 acknowledge and accept these terms and conditions.
Via G. Giolitti, 34
00185 Roma (Italia)
KPI6 is a software that provides analytics tools for its Users. KPI6 provides two different types of services. The service called "Social Network Analysis" analyses the User's performance on social networking profiles. The results can be compared with data by the User's competitors. "Listening" provides a qualitative and quantitative analysis of spontaneous conversations that can be filtered out by semantic or geographical rules.
Users are responsible for their own content and that of third parties that they share through KPI6, that they upload and post on or through KPI6, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain KPI6.
The Owner does not moderate the content or links provided by third parties before their publication on KPI6. The Owner is not responsible for the content provided by third parties or for its availability.
KPI6 provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of KPI6.
In the event that KPI6 offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by KPI6. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then KPI6 may be forced to cancel their subscription when it runs out.
KPI6 accepts requests for cancellation and refund by the Users only for the portion of Service not yet provided and within 14 days after payment.
The fees paid are non-refundable in the event that:
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of KPI6 or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice.
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of KPI6 and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
The Service shall be used only in accordance with these Terms.
Users may not:
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning KPI6 are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use KPI6.
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of KPI6.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within KPI6.
Users who continue to use KPI6 after the publication of the changes accept the new Terms in their entirety.
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to KPI6 must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
The service provided by KPI6 as described in these Terms and in KPI6.
Any user of the Service, whether a human being or legal entity.
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.