Term of Use
These Terms of Use (Terms) govern Users’ access to, and use of, the Accurment tool, developed and owned by STARS Insight (Accurment).
In these Terms:
Reports means any output generated by the Tool, including but not limited to reports setting out User Data, survey results and recommendations.
Services means the services provided by Accurment to the User, including use of the Tool and provision of Reports.
Tool means Accurment, the marketing scientist AI and chatbot developed and owned by Accurment which allows Users to, among other things, to seek evidence-based insights and answer to marketing questions. The Tool is available on https://accurment.com (Site).
User means a person who has completed the registration requirements (including acceptance of these Terms) for use of the Tool, and who has been granted access to the Tool by Accurment.
User Data means all content, data and information provided by a User, or a third party on the User’s behalf, for the purposes of using the Tool.
Accepting these Terms
1. The User agrees to these Terms by accessing or using the Services or the Tool.
2. The User warrants that:
a) it has the necessary rights to provide the User Data for the purposes required by these Terms; and
b) it will seek the appropriate consent from any third-party providing User Data on the User’s behalf, including for Accurment to collect and use the User Data for the purposes of the Tool and as required by these Terms.
Payment
3. The User agrees to pay Accurment the fee for the Services in the amount and manner stipulated on the Site at the time of purchase (Fee).
4. Fees for the Services may be charged on a one-time or subscription basis. Subscription payments will be automatically renewed unless cancelled by the User in accordance with the Site’s instructions. All Fees are non-refundable unless explicitly stated otherwise.
Licence
5. In consideration for the Fee, Accurment grants the User a non-exclusive, non-transferable, revocable license to use the Tool and the Reports.
6. In using the Tool, the User:
(a) may not make copies and distribute, resell or sublicense the Tool to third parties or make it available on a public or external distributed network or intranet;
(b) may not modify, adapt, reverse compile or reverse engineer, disassemble, decrypt, translate, merge, decompile or make derivative works of all or any part of the Tool except to the extent these restrictions are expressly prohibited by applicable law;
(c) must use the Tool responsibly and not misuse the Tool or help anyone else do so; and
(d) must take all reasonable precautions to maintain the security of their access to the Tool. Without limiting the generality of this obligation, the User must not allow any person to access the Tool using their credentials and must safeguard any password provided for using the Tool and keep their account information current.
Intellectual Property
7. All rights, title and interest registered and unregistered rights in relation to the present and future copyright, trademarks, designs, know-how, Confidential Information, and other intellectual property in the Tool and the Reports (including any improvements or modifications made to the Tool and Reports) belong to Accurment.
8. The User grants Accurment a non-exclusive, royalty-free licence to use the User Data for the purposes of providing access to the Tool, generating and providing the Reports, research purposes, and to further enhance and develop the functionality of the Tool.
9. Accurment may sell, transfer or otherwise assign its rights in the Tool to a third party. The User agrees that, in the event of a sale, transfer or assignment of the Tool:
(a) Accurment may assign the licence described in clause 7 above, and transfer User Data, to the third party and the User consents to that assignment and transfer; and
(b) Accurment will take reasonable steps to ensure that the third party agrees to comply with applicable privacy laws in connection with the User Data.
Hosting and third party servers
10. Users acknowledge and agree that:
(a) Accurment’s ability to provide access to the Tool is dependent on third party suppliers to Accurment and Accurment cannot guarantee the availability of the Tool at any particular time;
(b) the Tool may contain links to third-party websites that are not under Accurment’s control. Accurment is not responsible for those websites.
Confidentiality
Confidential Information means all trade secrets, know-how, financial information, technical information, scientific information and other commercially valuable and inherently secret information of whatever description and whatever form (whether written or oral, visible or invisible) relating to the activities of Accurment which is marked as being confidential or which, from its content or format, ought to reasonably be treated as being confidential and is not generally made available to the public.
11. The User must treat the Confidential Information as confidential.
12. The User must not without Accurment’s prior written consent:
(a) use the Confidential Information except in performing its obligations under these Terms; or
(b) disclose it to any person except to its personnel who need to know and who agree to be bound by these obligations of confidentiality, unless disclosure is required by law or the Confidential Information is in the public domain through no fault or action of the User, its employees, contractors or agents or the Confidential Information was received by the User on a non-confidential basis from a third party who is entitled to disclose it.
13. The User acknowledges and agrees that Accurment will have the right, in addition to any other legal or equitable remedy, to obtain an injunction prohibiting unauthorised disclosure or use of the Confidential Information.
Termination & Right to Suspend
14. Accurment reserves the right to suspend or end the User’s access to the Tool if the User breaches these Terms.
15. In the event of termination, Accurment may delete or deactivate the User’s account and all associated data, provided that Accurment may retain certain information as required by law.
Indemnification and Limitation of Liability
16. The User acknowledges that:
(a) it uses the results of the Services and the Tool, the Reports, and any advice, opinions or information supplied by Accurment, at its own risk; and
(b) it is the responsibility of the User to make its own assessment as to the suitability of the Services and the Tool, and any advice or information generated from the Services and the Tool.
17. The Tool and Services are provided ‘as is’ and ‘as available,’ without any warranties of any kind, whether express or implied. Accurment makes no guarantees as to the accuracy, reliability, or completeness of the results generated by the Tool.
18. Accurment shall not be liable for any loss of profits, loss of business, loss of anticipated savings, loss of or damage to goodwill, loss of use or corruption of software, data or information, and any other indirect, special, exemplary, punitive, incidental or consequential loss arising out of or related to these Terms or the Services, the use of the Tool or the inability to use the Tool.
19. Each party indemnifies the other and its personnel (those indemnified) against all actions, claims, charges, costs, expenses, losses, damages and other liability that those indemnified may sustain or incur from a claim that the Tool (for Accurment) or User Data (for Users) violates any law or infringes any intellectual property right or legal right of a third party.
Privacy
20. Accurment will comply with applicable privacy laws in the collection, use, storage, or disclosure of any personal information collected or used in connection with the Tool.
21. Personal information collected via the Tool will be processed in accordance with Accurment’s Privacy Policy, which is available on the Site.
General
22. (Governing Law) These Terms will be interpreted, governed and construed by the laws of Western Australia and the User submits to the exclusive jurisdiction of the Western Australian courts.
23. (No waiver) Accurment’s failure to enforce a provision of these Terms is not a waiver of its right to do so later.
24. (Assignment) The User may not assign its rights and obligations under these Terms without the prior written permission of Accurment.
25. (Severability) If any provision of these Terms is held unenforceable or void, the remaining provisions will be enforced in accordance with their terms.