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Terms of Service

Terms of Service

  1. (i) RAPID BI Pty Ltd ("RAPID BI") makes no warranty regarding any goods or services provided. No advice or information, whether oral or written, obtained by you from us or through the services provided shall create any warranty not expressly made herein. Engagement of RAPID BI shall imply acceptance of this disclaimer.
  2. (ii) We reserve the right to change, modify, add, or remove portions from these Terms of Service at any time. You accept such changes by continuing to use our services.
  1. (i) Only a non-exclusive, non-sublicensable, non-transferable, limited license ("License") is granted to the End Customer to use the Software, in machine-readable, object code form only, for End Customer's internal use only by the permitted number of Authorized Users and on the Authorized Servers, and in accordance with the license scope and terms set forth in End Customer Agreement.
  2. (ii) No ownership of, or title to the intellectual property in, the Software is transferred to the End Customer. Licensor or its licensors owns and shall retain all rights, including intellectual property rights, in and to the Software;
  3. (iii) The End Customer must not reverse compile, reverse engineer, or disassemble any portion of the Software;
  4. (iv) The End Customer must not derive, or attempt to derive, the source code of the Software;
  5. (v) The End Customer must not modify or create derivative works of the Software;
  6. (vi) RAPID BI provides software as-is. Bug resolution and feature requests shall be solely at RAPID BI's discretion.
  1. (i) Membership inclusions are detailed on our website and in marketing materials. These are subject to change from time to time as we seek to make this a high value service for clients.
  2. (ii) All services delivered under membership are on a best-effort basis.
  3. (iii) Membership covers a 12-month term unless otherwise agreed and is billed on a monthly or annually basis. At the conclusion of the intial 12-month term, membership will convert to a monthly service (if paid monthly) or an annual service (if paid annually) and will continue until cancelled.
  4. (iv) A minimum 30 day notice is required for cancellation and will only be accepted if the initial 12 month term has been completed.
  5. (v) Services and software provided as part of membership shall only be used while membership is active. If a client is no longer a RAPID BI member, the client (or ex-client) forfeits rights to use any software, snippets, BloX code or other items provided under membership. These items must be removed from the client's systems. Value added services provided by RAPID BI to its members are only intended to be used while a membership is active and at a level that includes these items.
  1. (i) RAPID BI may provide hosting or managed sevices. This is usually provided for the purpose of staging data or for Sisense intallations.
  2. (ii) You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to Australian embargo restrictions.
  3. (iii) We agree to provide you with the Services, and we will not be expected to provide you with any other services unless agreed to in writing between us and you, and all Services that we provide shall be bound by these terms of service.
  4. (iv) Any change to the Services, as requested by you and agreed by us, that is not part of a standard package or Service that we normally offer, will be considered to be temporary in nature. These changes will be made on a case-by-case basis, and may not be preserved when other changes are made to the Services. We will not be held responsible for any downtime or issues related with this clause.
  5. (v) Any change to a Service may be removed at any time with or without notice if it is found to have a negative effect on services we provide to our other customers.
  6. (vi) On each Renewal Date, the Services will automatically be renewed for a further Billing Term
  7. (vii) In the event that you owe money to us for any reason, the Services being provided to you may be suspended with or without notice.
  8. (viii) If your Services are suspended for any reason, you will continue to be liable for payment for the current Billing Term, and any future Billing Terms, and all monies owed must be paid in full prior to your Services being reinstated.
  9. (ix) If a bank disputes (i.e. "charge backs") arises, this will constitute grounds for immediate suspension or termination of your Services without notice from us. If you wish to reinstate your Services affected by a bank dispute, you will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.
  10. (x) If you wish to terminate your Services, you can only do so by logging into your Account in our Members area and requesting termination.
  11. (xi) The Services are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any Australian federal and/or local laws, and a failure to comply with such will result in immediate suspension or termination of your Services.
  12. (xii) RAPID BI shall not be laible for any loss or exposure of information hosted under our services or under our management.
  13. (xiii) The Internet, and our network, are considered publicly accessible and should be treated as such. We will not be held liable for any unauthorised access to your data. Any data that is deemed confidential, classified, personal, or private, shall not be hosted on the Services.
  14. (xiv) We will not be responsible for maintaining backups of any data stored on the Services.
  15. (xv) We will not be liable or monetarily responsible for any data loss or corruption under any circumstances, and this includes, but is not limited to, Servers that are compromised, modified, or changed by you or third party, with or without your consent, in any way.
  16. (xvi) We will not be liable or monetarily responsible for any damages incurred due to any service outages under any circumstances.
  17. (xvii) You agree that you shall defend us, indemnify us (and keep us indemnified), save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, our customers, and our employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, your employees and / or your assignees.
  18. (xviii) We are not liable in any way whatsoever for any and all damages or losses you or your business may suffer. We make no expressed or implied warranties of any kind. We disclaim any warranty or merchantability for any particular purpose or service, and this includes these terms of service.
  1. (i) Only a non-exclusive, non-sublicensable, non-transferable, limited license ("License") is granted to the End Customer to use the Software, in machine-readable, object code form only, for End Customer's internal use only by the permitted number of Authorized Users and on the Authorized Servers, and in accordance with the license scope and terms set forth in End Customer Agreement.
  2. (ii) No ownership of, or title to the intellectual property in, the Software is transferred to the End Customer. Licensor or its licensors owns and shall retain all rights, including intellectual property rights, in and to the Software;
  3. (iii) The End Customer must not reverse compile, reverse engineer, or disassemble any portion of the Software;
  4. (iv) The End Customer must not derive, or attempt to derive, the source code of the Software;
  5. (v) The End Customer must not modify or create derivative works of the Software;
  6. (vi) The End Customer must not remove, alter or obscure any proprietary notice or identification, including copyright or trademark notices, contained in or on the Software;
  7. (vii) Suitable warranty disclaimers, including conspicuous disclaimers of warranties of merchantability and fitness for particular purpose, and a statement that Licensor and its licensors shall not have any warranty or direct or indirect liability to the End Customer; and
  8. (viii) The Software contains open source software components. Such open source components are licensed under the applicable license terms attached thereto and if no such terms are attached then, such software is licensed under the terms of this license and accordingly, the restrictions contained in this Agreement shall apply to such open source components as if they were Licensor's and the software respectively. The open source software components provided by Licensor is listed at http://www.sisense.com/documentation/3rd-party-open-source/.
  9. (ix) Requires the End Customer, at the termination of its license to use the Software, to discontinue use and destroy or return to RAPID BI the Software, Documentation and all archival or other copies of the Software.
  10. (x) Neither RAPID BI nor Sisense shall be liable for any malfunction or interruption of service of the Software for any reason.
  11. (xi) Renewals shall only be processed once the license fee has been received by RAPID BI. Should the applicable license fee not be recieved by RAPID BI in advance of the due date (leaving at least 2 business days leeway for Sisense to extend the license), the software may cease to function until payment is received and the license extended by Sisense.