6th Sense Analytics

Terms of Service

6TH SENSE ANALYTICS, INC. TERMS OF SERVICE

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ACCEPTANCE OF TERMS

6th Sense Analytics, Inc. ("6SA") provides the following service to you at their website app.6thsensesoftware.com ("the Site"), subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. Failure to comply with these TOS may result in account revocation. Please note that your use of the Service is also subject to the 6SA Terms of Use (the "TOU") which are incorporated herein as if by reference. By using the Service, you signify your irrevocable acceptance of the TOU. You can review the most current version of the TOU here: http://www.6thsenseanalytics.com/company/tou/.

DESCRIPTION OF SERVICE

6SA operates a web-based service which provides users with access to and use of on-line non-downloadable software and server to store, manage, track, analyze, aggregate and report data in the field of software development (herein referred to as the "Service"). The Service is used through a web browser and by the use of a downloaded user interface (the "Software"). Once registered with 6SA, each user receives access to the server and software to store, collect, manage and aggregate data, develop sensors and produce and store reports. Any Content (as defined below) may reside on 6SA's servers or on the servers of a third party.

CONTENT

All information, data, text, software, aggregations, reports, graphics, blog entries, e-mail messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not 6SA, is entirely responsible for all Content that you upload, post, email or otherwise transmits via the Site or the Service. You may not transmit Content that, in the judgment of 6SA, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.

6SA reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to abide by the TOS or the TOU. In addition, 6SA shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the TOS or be otherwise illegal. 6SA, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by 6SA to protect the rights, property, or personal safety of 6SA, it's users and the public. 6SA does not control the Content posted on the public portion of the Site or uploaded through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will 6SA be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service or the Site.

ACCOUNT STRUCTURE AND TERMS

6SA currently has the following accounts. By using the Service, you agree to this structure, and to 6SA's right to change, modify, or discontinue any type of account and/or its respective Services.

Free Accounts: All 6SA users are provided access to a free subscription to the Service ("Free Account") to evaluate, test and use the Service, subject to the restrictions noted below. The Free Account is provided at no cost to you.

(a) Uses and Restrictions. While using the Free Account, 6SA allows you to query on publicly available community Content (as a deidentified aggregated set). However, you will not have access to any Content privately submitted by other users. Further, 6SA restricts your ability to aggregate your Content with the Content of any other person. If you desire additional services beyond the scope and limitations of the Free Account, then you must obtain a Paid Subscription. 6SA reserves the right to change the terms of the Free Account at any time.

(b) Upgrading. You may upgrade your Free Account to an annual Paid Subscription anytime. By upgrading to a Paid Subscription your Free Account will end. Your billing cycle begins immediately on the day we upgrade your Service. In order to upgrade, please send an email to sales@6thsenseanalytics.com and we will change your plan accordingly.

(c) Termination by User. You may terminate your Free Account at any time by sending any email to sales@6thsenseanalytics.com. Upon termination of your Free Account all of your personally identifiable Content will be immediately deleted from the Service. 6SA may retain Content which is not personally identifiable for community analytics purposes only.

(d) Support. Free Account users are provided with access to web technical support by emailing support issues and questions to support@6thsenseanalytics.com.

Paid Subscription Accounts: Paid accounts are available on a subscription basis for an annual fee and offers users all available features and extended support ("Paid Subscription Account").

(a) Uses and Restrictions. Paid Subscribers, in addition to other features, may (i) query on publicly available community Content (as a deindentified aggregated set); and (ii) query on Content submitted by other Paid Subscribers from the team or company linked to their Paid Subscription Account (as an identifiable aggregated set). You may not see the Content of any other user where such user is not linked to your account.

(b) Billing. Paid Subscription Accounts are nontransferable and non-refundable. You will be billed annually, in advance for paid subscriptions. 6SA will continue to bill your credit card or invoice you automatically on an annual billing cycle. All fees are exclusive of all taxes or duties imposed by taxing authorities. 6SA may change the prices for any of its Services upon 30 days notice via the 6SA website (www.sixthsenseanalytics.com) or through the Service itself. Any price changes will be made effective upon the next annual billing cycle.

(e) Downgrading. You may downgrade your Paid Subscription Account to a Free Account by sending an email to sales@6thsenseanalytics.com and we will change your plan accordingly. All downgrade requests are made effective immediately upon receipt. Upon downgrading to a Free Account, you will no longer have access to any aggregated data and you will not be permitted to aggregate any of your data with that of any other person. However, you will continue to have access to Content which was transmitted through the Service prior to the date of our receipt of your downgrade request. Please note that fees for Paid Subscription Accounts which are downgraded to Free Accounts will NOT be refunded.

(f) Termination by User. You may terminate your Paid Subscription Account at any time by sending an email to sales@6thsenseanalytics.com. All termination requests are made effectively upon receipt. Upon termination of your account, you will no longer have access to any Content transmitted by you through the Service, however, any identifiable aggregated data will be retained for the sole purpose of use by Paid Subscribers in the same company (if any). All personally identifiable Content will be immediately deleted from the Service. 6SA may retain Content, including aggregated data, which is not personally identifiable for community analytics purposes only.

(g) Support. Please contact 6SA at sales@6thsenseanalytics.com for information about support terms for Paid Subscription Account.

YOUR REGISTRATION OBLIGATIONS

Account registration and verification is required in order to create any type of 6SA account. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to 6SA, you are required to update that information as soon as possible. Should 6SA suspect that your personal information is not complete, current, or accurate, your account may be subject to suspension or termination.

6SA PRIVACY AND SECURITY POLICY

Your use of the Service is subject to 6SA's privacy and security policy. For information on 6SA's privacy and security practices, please see the entire privacy and security policy at http://www.6thsenseanalytics.com/company/privacy/.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service.

MODIFICATIONS OF SERVICE

6SA reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that 6SA shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

TERMINATION BY 6SA

(a) Termination for Cause. You agree that 6SA, in its sole discretion, may terminate your password, or account, and remove and discard any Content within the Service, for any reason, including and without limitation, if 6SA believes that you have violated or acted inconsistently with the letter or spirit of the TOS or TOU. Any contracts, verbal or written or assumed, in conjunction with your deleted Content and all its parts, at 6SA's discretion, will be terminated as well. 6SA reserves the right to bar any further access to such files or the Service. You agree that 6SA shall not be liable to you or any third-party for any termination of your access to the Service. Paid Subscription Accounts that are terminated for cause will not be refunded.

(b) Termination for Convenience. 6SA may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that 6SA may immediately deactivate or delete your 6SA account and all related information and files. You agree that 6SA shall not be liable to you or any third-party for any termination of your access to the Service. Paid Subscription Accounts are not refundable for any reason.

PROPRIETARY RIGHTS

(a) User Proprietary Rights. 6SA claims no ownership or control over any Content posted by its users. The author or the rightful owner retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the 6SA staff in protecting such Content. The user transmitting any Content through the Service represents that it has all rights necessary to transmit such Content (and for 6SA to serve such Content) without violation of any intellectual property or other rights of third parties, or any laws or regulations.

(b) 6SA Proprietary Rights. You acknowledge and agree that the Service, and any necessary software and desktop downloads used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All 6SA code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. Except as expressly authorized by 6SA, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content, the Service or the Software, in whole or in part.

(c) Open Source Sensors. 6SA is using the Hackystat server and making certain open source sensors available to users to modify and use as governed by the terms and conditions located at http://www.hackystat.org/hackyDevSite/doc/LicenseInfo.html or other open source license modules and which are incorporated herein by reference. In the event that you modify an open source sensor you agree to comply with the terms and conditions located at http://www.hackystat.org/hackyDevSite/doc/LicenseInfo.html.

DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 6SA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) 6SA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 6SA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

(e) 6SA CANNOT GUARANTEE THE SECURITY OF YOUR DATA WHILE IT IS BEING TRANSMITTED OVER THE INTERNET AND THROUGH SERVERS THAT ARE OUT OF OUR CONTROL. ANY DATA TRANSMISSIONS YOU MAKE OVER THE INTERNET ARE DONE SO AT YOUR OWN RISK. ONCE WE RECEIVE THE DATA TRANSMISSION, WE USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE ITS SECURITY AND PRIVACY ON OUR SYSTEMS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 6SA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 6SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

U.S. GOVERNMENT RESTRICTED RIGHTS

The materials on 6SA are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Service by the U.S. Government constitutes acknowledgment of 6SA's proprietary rights in them.

INTERNATIONAL USERS

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. The Services are administered by 6SA from its offices in the United States. Materials published at www.sixthsenseasnalytics.com may refer to products, programs, or services that are not available in your country. Furthermore, 6SA makes no representation that the Services are appropriate or available for use at other locations outside of the United States and access to them from territories where their content is illegal is prohibited. You may not use the Services, export or import information and materials in violation of the export laws of the United States or any other country.

GENERAL INFORMATION

The TOS constitutes the entire agreement between you and 6SA and governs your use of the Service, superseding any prior agreements between you and 6SA (including, but not limited to, any prior versions of the TOS) and any prior representations by 6SA. The laws of the State of North Carolina, U.S.A, shall govern the TOS and the relationship between you and 6SA, without regard to its conflict of law provisions. You and 6SA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Durham, California, U.S.A. The failure of 6SA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.