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Terms & Conditions
Terms & Conditions have to be accepted in order to use our service
The following sets out the terms and conditions for the use of the services (“The Services” or “service”) and is an agreement between The Geko Company OÜ (“Geko” or “We”) and you (a legal entity that you represent as an authorized employee or agent). By any use of the Services, you agree to be bound by all these terms and conditions (the “AGREEMENT”).
General
Geko does not give any warranty or other assurance as to the operation, quality or functionality of the Services. Access to the Services may be interrupted, restricted or delayed for any reason. Geko also does not give any warranty or other assurance as to the content of the material appearing within the Services, its accuracy, completeness, timeliness or fitness for any purpose. For performance reasons we archive your data at regular intervals to ensure the best possible service.
To the full extent permissible by law, Geko disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Service or any material appearing within the Service, or from any action or decision taken because of using the Services or any such material.
Privacy
Geko values the privacy of its users. Geko will not provide any information about its users and/or their traffic data to any third-party company for any purpose, unless required to do so by law or with customer consent.
You will not associate (or permit any third party to associate) any data gathered from your Website(s) (or such third parties’ website(s)) or campaigns, with any personally identifying information from any source as part of your use (or such third parties’ use) of the Services.
You will comply with all applicable local and regional data protection and privacy laws relating to your use of the Services and the collection of information from visitors to your websites. You will have in place in a prominent position on your website (and will comply with) an appropriate privacy policy.
For more information check our Privacy Policy.
You are responsible for all the data collected by the Service through our platform.
Account
You must register an account to use the Services. You agree not to share your account username and password with third parties, and to notify Geko immediately of any unauthorized usage.
Payments & Subscription
All our Services are packages which are subject to subscription. All subscriptions are 12 months in length. You can pay monthly or in advance for a discount (2 months free). Your subscription will auto renew unless we receive 30 days’ notice prior to the end of your subscription. Your access to the Service may be deactivated without notice for failure to pay any amount due within seven (7) calendar days of the due date. All outstanding monies and remaining subscription periods will become chargeable. Once the Tracking Code is installed on the clients site a free trial on 14-days will start. At the end of the free trial the regular subscription will start. For no reason the tracking code can be edited or deleted during the subscription period. In order to guarantee an optimal use of the service you’ll provide to Geko a Google Analytics access. In case the number of visitors will exceed the monthly maximum you’ll get an email alert and in case it isn’t a momentary exception your subscription will be upgraded from the very following period. In case your payment was annually you can decide to pay the difference monthly or for the rest of the subscription period.
Tax
The service is available for Eu and non- Eu companies.
Cancellation
Geko may cancel or delete any account, for any reason, with or without notice.
If you wish to cancel your subscription, you must notify Geko by email to: [email protected].
All information associated with the account, including the account itself as well as the historical data, will be permanently deleted. You must give us a minimum of 30 days’ notice to cancel your subscription. All eventual remaining subscription periods will be charged in the event of cancellation and must be paid upon cancellation.
Ownership
Geko owns and has rights to all the intellectual property rights in and to the software and services (including all improvements thereof). All Content provided or shared by Geko is owned by Geko. All suggestions, enhancements, requests, feedback or recommendations provided by You or any other party shall be owned by Geko.
License
Geko hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sub-license) to use our Services. You shall not (i) use, reproduce, modify or create derivative works of the Services, or (ii) allow third party access to all or any portion of the Service.
Geko does not represent or warrant that (i) the Service will be error-free or accessible always, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful components, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Geko shall not be responsible for unauthorized access to or alteration of your data.
Term And Termination
Either party may terminate this agreement at any time and for any reason, subject to the cancellation terms above.
In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the Script from your web pages (subject to the cancellation terms above) of the service and/or you violate this Terms and Conditions.
Upon any termination of this agreement, (i) Geko will cease providing the Service to you; (ii) you will delete all copies of the Script from your web page(s); (iii) any outstanding balance payable by you to Geko will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.
Referred to the service you understand that keeping the Script on your website consumes resources of the Company for every page view on your website. Failure to remove the Script from your website upon termination may force Geko to take measures to gain your compliance. Such measures are determined on a case by case basis.
Disclaimer
THE SERVICE, THE SCRIPT AND REPORTS ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE COMPANY EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE SCRIPT, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE COMPANY DOES NOT WARRANT THAT THE SERVICE, THE SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED.
Limitations Of Liability
THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.
THE COMPANY’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED 250 €.
You agree to indemnify, hold harmless and defend Geko, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Geko or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees) incurred by Geko or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Script code. In such a case, Geko will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defence of any claim. Geko reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
Modifications To This Agreement
Geko reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Services, at any time, by posting the new agreement on this website. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of the Company, (ii) you accept updated terms online, or (iii) you continue to use the Service after the Company has posted updates to the Agreement or to any policy governing the Service. Any of the following constitute your continued usage of the Service: (i) viewing any page on the Site, or (ii) keeping the Script on any page of your website, or (iii) logging in to your account, or (iv) viewing any of the data collected by the Service, whether viewed on the Site directly, or through another means, including, but not limited to, exported data files, and first- or third-party widgets.
Compliance
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.
Applicable Law
This Agreement shall be governed by and construed in accordance with Estonian law and the Parties hereby submit to the exclusive jurisdiction of the Estonian courts in respect of any dispute or matter arising out of or connected with this Agreement. Any translation of the English language of this Agreement (the “Original Agreement”) is provided for convenience only and You agree that in the event of a conflict between the translated version and the Original Agreement, the provisions of the Original Agreement shall prevail.