THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION OF GEKKOBRAIN ONLINE ANALYSIS AND MONITORING TOOLS (THE “GEKKOBRAIN.COM SERVICES”) FROM US AND YOUR USE OF THOSE GEKKOBRAIN.COM SERVICES.
IF YOU REGISTER FOR A FREE TRIAL FOR THE GEKKOBRAIN.COM SERVICES, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.
BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY USING THE GEKKOBRAIN.COM SERVICES, OR BY EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, AND IN SUCH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE GEKKOBRAIN.COM SERVICES.
This Agreement was last updated on December 24th, 2015. It is effective between you and us as of the date you accept this Agreement.
“Additional Products and Services” means any, some, or all of the following that you acquire from a Provider for use with the Gekkobrain.com Services but that are offered subject to terms and conditions other than this Agreement:
“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
“Gekkobrain.com Services” means the products and services that are ordered by you under a free trial or purchased and made available by us online via the customer login link at http://www.Gekkobrain.com/ and/or other web pages designated by us, including associated offline components.
“Order Form” means the documents for placing certain Purchased Services orders hereunder, including addenda thereto,that are entered into between you and us or any of our Affiliates from time to time, including addenda and supplements thereto. Order Forms shall be deemed incorporated herein by reference.
“Provider” means the party offering Additional Products and Services to you under terms and conditions that are separate and apart from this Agreement. Depending on the circumstances, the Provider may be (i) an individual or entity unrelated to us or (ii) us (or one of our Affiliates).
“Purchased Services” means Gekkobrain.com Services that you purchase, as distinguished from those provided pursuant to a free trial.
“users” means the individual developers or staff members who are authorized by you to use the Gekkobrain.com Services, for whom subscriptions to a Gekkobrain.com Service have been ordered, and who have been supplied user identifications and passwords by you (or by us at your request). Users may include but are not limited to your employees, consultants, contractors and agents, and third parties with which you transact business.
“we,” “us” or “our” means Gekkobrain ApS described in Section 13 (Who you Are Contracting With, Notices, Governing Law and Jurisdiction).
“you” or “your” means you as an individual, or the company or other legal entity for which you are accepting this Agreement.
“your Data” means all electronic data or information submitted by you to the Purchased Services.
If you register on our website for a free trial, we will make one or more Gekkobrain.com Services available to you on a trial basis free of charge until the end of the free trial period for which you registered or are registering to use the applicable Gekkobrain.com Service. If you do not provide your credit card or other payment information to us before the expiration of any free trial period, your account will be suspended until payment information and charge authorization are provided. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
If you elect to use the gekkobrain.com services for the trial period and do not purchase a subscription before the end of the trial period, your trial subscription for the gekkobrain.com services will expire at the end of the trial period and shall not auto-renew. Any data entered into the gekkobrain.com services by you or received by you in connection with your use of the gekkobrain.com services, and any customizations that may be made to the gekkobrain.com services by you during the free trial period, will be permanently lost unless you purchase a subscription to the same gekkobrain.com services as those covered by the trial before the end of the trial period.
Notwithstanding anything to the contrary in this agreement, during the free trial the gekkobrain.com services are provided “as-is”, “as-available”, without any warranty whatsoever.
Monthly subscriptions may be terminated with 30 days notice without cause. Annual subscriptions may be terminated 30 days prior to renewal, which is 330 days after sign up.
The Gekkobrain Services cannot be terminated by email or in writing. Termination must be executed directly in the Account Section of your Gekkobrain.com account, e.g. in the Hanalyzer dashboard directly.
The legal entity is:
Gekkobrain ApS, Lyngbyvej 12, DK-8000 Aarhus C, Denmark, Company reg. no. DK37331481.