<p>TERMS AND CONDITIONS</p>

Last updated September 26, 2023

 

AGREEMENT TO OUR LEGAL TERMS

 

This document, referred to as the "Terms of Service," forms a legally binding agreement between the parties, you ("You", “User”) and Niteco Performance Insights ("We," "Us," "Our", “the Service Provider”), governing your use of our web performance testing and monitoring services accessible through our website and related platforms (collectively, the "Service").

Section 1: Acceptance of Terms

 

By accessing or using any part of the Service, you agree to be bound by these Terms of Service and any additional terms applicable to certain programs in which you may elect to participate. You also agree with our Privacy Policy, the provisions of which are incorporated herein. If you do not agree to these terms, you may not register for the site or must cease to use the Service. Please read these documents carefully.

Section 2. Modification to Terms

 

We reserve the right to modify these Terms at any time. Changes to these terms and conditions will be posted on this page. If the changes are significant, we will provide a more prominent notice via email notifications 7 days beforehand. If you do not agree with any changes, you must discontinue using the Service. Your continued use of the Service after such posting or via email notification constitutes your consent to be bound by the changes, updates, or modifications to the Service.

Section 3: Account Conditions and Use

 

This section outlines the requirements and conditions under which you may access and use our web performance testing and monitoring services.

 

3.1 User Registration

 

• - Anyone registering to use our Service must be human; registration by "robots" or other automated methods is not permitted.
• - You must provide your legal full name, a valid email address, and any other information requested to complete the registration process successfully.

 

3.2 Account Security

 

• - Your login details are strictly personal and must not be shared with others.
• - You are solely responsible for maintaining the confidentiality of your login information. We will not be liable for any loss or damage arising from your failure to protect your login information.
• - You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 

3.3 User Responsibilities

 

You are responsible for all activities that occur under your account and any content or data associated with it.

 

• - You must use our Service only for lawful purposes and in compliance with these Terms of Service.
• - You may not use our Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction.

 

3.4 Prohibited Actions

 

• - You are prohibited from making the Service or any portion thereof available to any third party without our prior written consent.
• - You may not modify, reverse engineer, disassemble, decompile, reproduce, or create derivative works from the Service or any of its components.
• - Accessing or using the Service to develop a competitive product or service, or to copy any features, functionality, or graphics of the Service is strictly prohibited.
• - You must not interfere with or disrupt the integrity or performance of the Service, or the data contained therein.
• - Unauthorized access to or use of the Service and its related systems and networks is prohibited.
• - You are forbidden from presenting any data or results from the Service as being anything other than as reported by the Service itself, including altering or modifying results to misrepresent the performance metrics.

3.5 Indemnification

 

You agree to indemnify and hold harmless the Service Provider from any claims, damages, or expenses arising from any misuse of the Service, violation of these Terms, or infringement of third-party rights by you.

3.6 Legal Compliance

 

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Service and the content and material provided therein.

Section 4: Privacy and Data Collection/Storage

 

4.1 Ownership and Storage of User Data

 

You retain full ownership of the content and materials ("User Data") you upload to your account. We store this User Data to:

• - Provide the services you have registered for.
• - Operate, manage, maintain, and enhance our technology and services.
• - Compile anonymized and aggregated statistics for business analysis and service improvements.

 

This User Data is stored only as long as necessary to provide you with the Service or until you choose to delete it or terminate your account.

 

4.2 Protection and Security of User Data

 

We implement stringent administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your User Data. We ensure compliance with the highest data protection standards, including GDPR, utilizing secure servers located within the European Economic Area (EEA) where applicable, or in other regions that ensure an adequate level of data protection complying to international standards.

 

4.3 Use and Disclosure of Personal Information

 

The personal information you provide during registration, such as your name, email address, and website URLs, is used strictly for:

• - Delivering and personalizing the Service.
• - Monitoring usage to enhance service functionality.

 

The following is a comprehensive list of GDPR-compliant data sub-processors that may also store your personal information and their policies:

 

AWS

 

Used for scalable cloud hosting services, providing infrastructure, storage, and numerous other cloud services to ensure the performance and scalability of the Service.

 

View policy

 

Hubspot

 

Utilized for CRM and marketing automation, enhancing customer engagement and data analysis capabilities.

 

View policy

 

Paddle

 

Acts as a third-party payment provider, processing payments and managing subscription billing, helping to facilitate the financial transactions for the Service.

 

View policy

 

Azure

 

Utilized for cloud computing services, including hosting, analytics, computing, and networking, supporting the backend of the Service.

 

View policy

 

CloudFlare

 

Provides content delivery network (CDN) services, enhancing security and performance by optimizing web page load times and providing distributed denial of service (DDoS) mitigation.

 

View policy

 

4.4 Aggregated and Non-Personally Identifiable Data

 

We use aggregated data, devoid of personally identifiable information, for statistical analysis to improve the Service. This data may be shared with third parties for broader business analysis purposes, ensuring compliance with GDPR or applicable data protection laws.

 

4.5 Cookies and Tracking Technologies

 

In accordance with GDPR requirements, we use cookies and similar tracking technologies to manage sessions, enhance user experiences, and analyze usage patterns. Users can control the use of cookies at the individual browser level.

 

4.6 Communication Preferences

 

We send service-related notifications and occasional promotional updates via email, in compliance with GDPR and other international data privacy regulations. You can adjust your preferences or opt out of non-essential communications through your account settings.

 

4.7 Responding to Legal Requests and Ensuring Compliance

 

We may disclose User Data or personal information when legally required to do so or to protect the rights, property, or safety of our business, employees, customers, or the public. All disclosures are conducted under legal oversight and strictly adhere to established data privacy laws.

 

4.8 Deleting Your Data

 

You can manually change or delete personally identifiable information on our systems at any time. Here’s how. To delete or change other information, contact performance.support@niteco.com

 

4.9 Use of Google User Data

 

If you choose to connect your account with Google Analytics or Google Looker Studio, we may access certain Google user data. This access is granted via OAuth 2.0 authentication, ensuring that your Google account credentials are not stored by us.

 

The specific Google user data that may be accessed includes:

• - Your Profile
• - Google Analytics data

 

Google Looker Studio

 

We use your profile data only for the purpose of authorizing and importing data from the Service and displaying it in Google Looker Studio reports or dashboards, when you request us to do so, as part of our web performance testing and monitoring services.

 

Google Analytics

 

We use your profile data and Google Analytics metrics to generate performance reports when you request us to do so, as part of our web performance testing and monitoring services.

 

We retain Google User Data only to generate reports and visualize your metrics, as part of our web performance testing and monitoring services.

 

We do not share or sell your Google user data to third parties for marketing purposes. We may disclose your Google user data only in the following circumstances:

• - With Service Providers: Data may be shared with trusted third-party service providers who assist us in operating our connector, but only to the extent necessary for them to perform their services.
• - As Required by Law: We may disclose your data to comply with legal obligations, such as responding to court orders, or legal investigations as detailed in section 4.7.

 

4.9.1 Protection of Google User Data

 

We take the security of your Google user data seriously and employ industry-standard security protocols as detailed in section 4.2.

 

4.9.2 Deletion of Data from Google Services

 

If you no longer wish to use Google Analytics or the Google Looker Studio Connector, you can revoke the connection at any time through your Google account settings. Upon doing so, we will no longer continue to access or store any Google user data. Please note that metrics data included in prior reports or dashboards will remain until you have chosen to delete them explicitly.

Section 5: Integration of Third-Party Services

 

5.1 Third Party Services

 

We incorporate various third-party tools and services in order to provide various metrics in our performance tests and enhance our Service.

 

These include:

 

Google Analytics

 

Used for analyzing website traffic and user interactions to improve service usability and user experience. Google Analytics may collect data on user behavior and device information, which helps us understand the effectiveness of our Service.

 

View policy

 

Chrome Lighthouse

 

Employed to assess the quality of web pages through performance audits, accessibility checks, and other web best practices that contribute to the overall user experience.

 

View policy

 

Chrome User Experience Report (CrUX)

 

Utilized to understand performance metrics derived from actual user experiences across millions of websites. This helps us provide performance metrics to customers and benchmark our Service against industry standards.

 

View policy

 

Use of our Service means that you also agree to the terms and conditions and privacy policies of all of the services listed. If you do not agree to the terms of these third-party services, please do not subscribe to use our Service or cease to continue using it.

Section 6: Credits

 

6.1 Open-Source Acknowledgments

 

We are grateful to the open-source community for making their software available. We use various open-source software packages as part of our systems. Detailed information about these packages and their licenses is available here.

Section 7: Confidentiality and Security

 

7.1 Definition of Confidential Information

 

Confidential Information pertains to any verbal, written, graphic, or electronic data disclosed between the parties during the use of the Service. It includes, but is not limited to, operational details, user interface design, functionality, and technical specifications that are deemed proprietary or are explicitly marked as confidential.

 

7.2 Obligation of Confidentiality

 

Both parties agree to maintain the confidentiality of all disclosed Confidential Information and to use such information solely for the purpose of fulfilling their contractual obligations under these Terms. Confidential Information will not be disclosed to any third party without prior written consent, except as outlined in this section.

 

7.3 Protection and Security Measures

 

We employ all reasonable technical and organizational security measures to protect your Confidential Information against unauthorized access, alteration, or destruction. This includes encrypting data during transmission and ensuring secure storage practices.

 

7.4 Notification of Security Breaches

 

Should any breach of security occur that affects your Confidential Information, we will inform you within 72 hours of discovering the breach by email or phone. We will take immediate steps to remedy the breach and prevent any further loss of data.

 

7.5 Exceptions to Confidentiality Obligations

 

Confidentiality obligations do not apply to information that:

• - was already known to us without confidentiality restrictions prior to its disclosure by you.
• - becomes publicly known through no breach of these Terms by us.
• - is received from a third party without breach of any non-disclosure obligations.
• - is independently developed by us without direct use of or reference to your Confidential Information.

 

7.6 Disclosure Required by Law

 

If we are required by law to disclose any of your Confidential Information, we will provide you with prompt written notice, to the extent legally permissible, so that you may seek a protective order or other appropriate remedy.  

 

7.7 Prohibition on Public Statements

 

Without your express written consent, we will not make any public statements, announcements, or releases concerning the specific terms of our agreement or any confidential aspects of your agreement with our Service.

Section 8: Intellectual Property Rights

 

8.1 Ownership of Your Content

 

You retain ownership of all content that you post, upload, or otherwise share on the Service. By using the Service, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to use, store, and display your content in connection with the operation of the Service. This license does not permit us to sell your content to third parties or transfer the copyright. The license automatically terminates when you delete your content or close your account.

 

8.2 Service's Intellectual Property

 

All content created, designed, and developed by Niteco Performance Insights, is protected by both domestic and international intellectual property laws. The technology and software associated with the Service, including all patents, copyrights, trademarks, and other intellectual property rights, are the exclusive property of Niteco Performance Insights and its licensors.

Section 9: Dispute Resolution

 

9.1 Governing Law and Jurisdiction

 

These Terms of Service are governed by and construed in accordance with the laws of Hong Kong. Any disputes arising from these terms shall be exclusively resolved in the courts of Hong Kong. This agreement does not establish a joint venture or partnership.

 

9.2 Severability

 

If any provision is found invalid or unenforceable, it will be modified to reflect the original intent, maintaining the enforceability of the remaining terms. Failure by us to enforce any provision does not waive our right to do so later.

 

9.3 Entire Agreement

 

These Terms and Conditions constitute the entire agreement between the parties regarding the use of the Service and supersede all prior agreements, understandings, and communications, whether oral or written.

Section 10: Subscriptions and Payments

 

10.1 Service Charges

 

You acknowledge that charges for the Service are collected in advance for each billing cycle according to the subscription plan you select. Charges are determined by the service tier and features you choose during registration or any subsequent upgrades.

 

10.2 Accepted Payment Methods

 

We accept payments through online credit card transactions through our 3rd party payment provider Paddle or via wire transfer directly to our bank account.

 

10.3 Billing Statements

 

The name of the company that will appear on billing statements will be "Niteco Performance Insights" or "Niteco Group Ltd."

 

10.4 Refunds and Cancellation

 

A full refund will be provided to those who wish to cancel their subscription within 14 days, after which payments will be final and non-refundable. To cancel your subscription please follow how to cancel your subscription in our documentation or contact performance.support@niteco.com. Upon cancellation, access to the Service will continue until the end of the paid billing period.

 

10.5 Maintaining Service Access

 

Timely payment is essential for uninterrupted service access. Failure to settle invoices when due may lead to a temporary suspension of your access until the outstanding balance is cleared.

 

10.6 Termination Due to Non-payment

 

Should you fail to renew your subscription after a period of 3 days of non-payment, we reserve the right to lock your account and after 30 days we will terminate your service agreement, delete your data, and discontinue your access to the Service without additional notice.

 

10.7 Implications of Non-payment

 

We are not liable for any disruption or loss of service due to delayed or missed payments.

 

10.8 Fee Adjustments

 

We may adjust the fees for the Service with a clear 7-day notice prior to your next billing cycle. Such notifications will detail the adjusted amounts, and your continued use of the Service post-notification will constitute your agreement to the new fees. If the new fees are not agreeable, you may terminate your service agreement as described in Section 9.4.

Section 11: Warranties and Liability

 

11.1 Warranties

 

We warrant that we possess the authority to enter into this agreement under these Terms and will perform our obligations under them with reasonable skill and diligence. We commit to using commercially reasonable efforts to maintain the service operational, secure, and accessible. However, our service is provided on an "as is" and "as available" basis, without further warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

11.2 Limitation of Liability

 

Our total liability for any claims arising from or related to the service, whether in contract, tort or otherwise, is limited to the fees you have paid us during the months preceding the claim. We are not responsible for any indirect, special, incidental, consequential, or punitive damages, including lost profits, revenues, data, or goodwill. The limitations set forth in this section will apply even if any limited remedy specified herein is found to have failed in its essential purpose and to the extent permitted by law.

 

11.3 Force Majeure

 

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to a natural disaster, war, terrorism, government action, or other unforeseen circumstances beyond the reasonable control of the affected party.

Section 12: Termination of Services

 

 

12.1 Termination by User

 

You may terminate your use of the Service at any time via your account settings or by contacting performance.support@niteco.com. Termination will take effect at the end of your current billing cycle, and you will have access to the Service until then.

 

12.2 Termination by Niteco Performance Insights

 

We may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Reasons for such termination shall include, but not be limited to, breaches or violations of our Terms and Conditions or Privacy Policy, extended periods of inactivity, and/or nonpayment of any fees owed by you in connection with the Services.

 

12.3 Effects of Termination

 

Upon termination of your account, your right to use the Service will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

12.4 Data Retention and Deletion

 

Upon termination, we will delete your stored data within 30 days in accordance with our data retention policy and applicable law. You may also request the deletion of your data by contacting performance.support@niteco.com

 

Should you have any questions or concerns regarding our terms and conditions please contact performance.support@niteco.com