Maralytics Terms of Service
- the Terms of Service for customers of Maralytics, the cloud-based marketing analytics software.
Thus, throughout the entirety of this document, we will refer to both our website visitors and customers as “Users”. We will also refer to maralytics.com as the “Website”, whereas the software solution will be referred to as the “Service”. Both also refer to Maralytics, the company, and the brand.
Acceptance of Terms
Please be reminded that by using and accessing this Website, along with using any of its services, you acknowledge that you have read, understood, and comply to be bound by the Agreement.
We control and operate this Website from our offices within Australia, and thereby make no assurances that its content and resources are legal, appropriate nor available for use in territories elsewhere. Those who choose to access this Website from locations outside Australia are responsible for compliance with all applicable laws.
Website Use, Content, and Prohibitions
Our Website visitors are free to use the content that is available on our Website for non-commercial purposes.
Our Website content is intended for business purposes and thus entails that Users should be at least of legal age (18 years old). Users should have the legal capacity to understand and formulate decisions on how they handle our Website’s content. This includes interacting with our online assets, notably filling up our forms.
Users may only access and use our Website’s services in accordance with the Agreement. Users should agree to:
- Provide accurate, complete, and current information;
- Promptly update their information to ensure it is accurate, complete, and current;
- Website Users must comply with applicable laws based on their location, including those involving, but not limited to online use, privacy and safety, fraud and abuse, electronic communications, as well as child protection and safety; and
- Use our website only for lawful purposes.
We prohibit the following:
- Activities that undermine the security or integrity of our computing systems or networks;
- Use of our Website services in a way that may impair functionality or interfere with other people’s use;
- Stealing information from others;
- Harming, abusing, or exploiting children;
- Spreading, exchanging, or soliciting materials and information that are false, obscene, malicious, hateful, discriminatory, or can be used in committing criminal actions;
- Any unpermitted leasing, reselling, of and through our services, including sub-licensing of data and leads;
- Hacking, or any unauthorized access to any of our systems;
- Performing activities that may be used to modify, copy, reproduce, disassemble, decompile, reverse-engineer, and extract the source code of our services;
- Use or upload any viruses or malicious code;
- Sharing content or material that is offensive, violates any law, or infringes on the rights of others; and
- Act in a manner that is abusive or disrespectful to any Maralytics employees, partners, or customers. We will not tolerate any abuse towards Maralytics employees in any situation including interactions with our support teams.
Thus, we may limit access of Users on our Website if they are found to have committed any actions enumerated above.
You agree to defend, release, and hold Maralytics, including its employees, management, and directors from any liabilities, losses, damages, and expenses, including without limitation, reasonable legal and accounting costs and fees, arising out of or in any way connected with:
- Your improper use of our Website, landing pages, social media pages, promotional materials, as well as other online assets;
- Your interactions, communications, as well as transactions, with another User of the Website; and
- Your interactions with a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
You shall cooperate as required by us, in the defense of any claim. We reserve the right to assume the exclusive defense and control of any subject matter to indemnification by you. You will not, in any circumstance, settle any claims without our prior written consent.
Software Terms of Service
The Maralytics Software Terms of Service was last updated on May 12, 2021.
Our Terms of Service is vital in how we conduct business with the general public and our customers. There are two sections to this document, namely:
- the Terms of Service for customers of Maralytics, the cloud-based marketing analytics software.
Thus, throughout the entirety of this document, we will refer to paying and on trial subscription plan users of Maralytics as “Customers”. We will also refer to maralytics.com as the “Website”, whereas the software solution will be referred to as the “Service”. Both also refer to Maralytics, the company, and the brand.
About the Service
Maralytics is a unique cloud-based marketing analytics solution software developed by Maralytics, Inc. It primarily targets hospitality and retail businesses, integrating marketing analytics with their POS solutions.
This section of our Terms of Service applies to our customers who have an active plan or subscription, whether paid or on trial, with our Service. You, as a Customer of our Service, affirm that you have read, understood, and have given your approval of our Terms of Service, manifested through the following:
- Log into Maralytics;
- Submit your information to Maralytics;
- Have your data migrated to Maralytics;
- Perform any actions through Maralytics; and
- Secure payment for our Service, including its add-ons.
Maralytics provides access to its Customers for the duration of their paid or trial subscription, whether monthly or yearly.
Customers may change their subscription plan anytime, so you can, for example, upgrade your monthly subscription plan to an annual subscription plan. The total cost for the annual plan will be charged immediately and will take effect immediately as well.
However, an annual subscription plan cannot be downgraded to a monthly subscription plan within a billing cycle. We will not provide a refund for this. We recommend that Customers wait till the end of the annual subscription plan before making the change.
To get the best experience during your subscription to our Service, we recommend that you be aware of the following:
Your billing cycle officially starts on the day that we successfully receive your first payment. For example, if your payment was received on May 6, 2021, then the billing cycle starts on that day.
- If you chose a monthly plan, your next payment due date will be on June 6, 2021.
- If you chose an annual plan, your next payment due date will be on May 6, 2022.
There are two available subscription terms for Maralytics customers:
- Monthly subscription – charged monthly and renewed monthly unless cancelled.
- Annual subscription – charged at the beginning of the subscription term and renewed yearly unless cancelled.
Your subscription continues for the period covered for when the subscription fee is paid. These terms automatically continue for a further period of the same duration as the previous one, at the end of each billing period. This is presumed that you continue to pay the subscription fees in accordance with your subscription’s pricing plan.
You may choose to cancel your subscription at any time through the dashboard or by providing advance notice by emailing firstname.lastname@example.org. However, you will still need to pay all relevant subscription fees up to and including the day of cancellation.
For our add-on services and features, your billing cycle follows the same billing cycle as your main subscription plan.
If you availed of an add-on service in the middle of a billing cycle, the add-on service will start immediately but will be billed as an additional charge in your next bill, which will be generated at the start of the next billing cycle. Fees charged for the add-on service for the next bill can be computed like this: Add-on service prorated fee + Add-on service fee for the next billing cycle.
Payment Dates and Due Dates
There may be some instances wherein your payment date may change. These may take place during the following:
- Your payment was not settled successfully when you modified your subscription plan.
- Your paid subscription commenced on a day that was not contained in a given month.
In case you miss a payment for your subscription, your plan will be automatically switched to the free plan. You can then opt or request for an upgrade to a paid subscription plan anytime, prompting a new billing cycle that will commence on the day when we successfully receive your payment for this new subscription. This new billing cycle will be different from your previous billing cycle.
All payment due dates follow Sydney time.
Pricing and Payment
- Pricing varies per subscription plan. See the complete information about our pricing plans here.
- At times, a Customer may need to undergo a verification process for your account before you can complete payment for your chosen subscription plan.
- You will need to provide your credit cards details for your account, and in doing so, thereby authorising Maralytics to charge any subscription fees, as well as any ensuing add-on purchases to your credit card.
- In charging your credit card, the system may attempt three times if ever the first and second attempts are not successful. Should the third attempt still prove unsuccessful, your paid plan will be downgraded to the free plan.
- You likewise authorize Maralytics to charge your credit card with the amount of your subscription plan, unless you request for a downgrade towards the free plan or if you cancel your subscription.
- Certain fees such as tax and surcharges may apply, depending on your credit card issuer.
- Maralytics does not refund payments previously made nor do we provide credits for unused services.
Customers who wish to cancel their subscription can do so anytime, and will still be able to access their plan’s premium features until the end of that plan’s billing period. However, Customers must provide advance plan cancellation notice by emailing email@example.com.
Maralytics may also cancel your subscription plan, or your access to all or any data immediately if:
- you breach any terms of the Agreement and do not remedy the breach within 14 days after receiving notice of the breach;
- you breach any terms of the Agreement and the breach cannot be remedied;
- you fail to pay your subscription fees;
- you or your business become insolvent, or:
- your business goes into liquidation;
- your business has a receiver or manager appointed over any of its assets;
- you become insolvent or make any arrangement with your creditors; and
- you become subject to any similar insolvency event in any jurisdiction.
No refund is due to you if you terminate your subscription plan or Maralytics terminates it in accordance with the terms of the Agreement.
All usernames and passwords should be kept confidential and should not be shared with anyone else.
For cases of forgotten and/or lost passwords, Customers may request here.
Customers should be responsible for keeping all their account information current, accurate, and complete.
Maralytics will deactivate or even terminate your account if there is proven malicious or fraudulent activity used by or within your account login.
Use of Data
When you enter or upload your data into our Service, we do not own that data but you grant us a licence to use, copy, transmit, store, analyze, and back up all data you submit to us. This includes the personal data of yourself and others.
We use your data for the following:
- Enable you to use our services;
- Allow us to improve, develop and protect our services;
- Create new services;
- Communicate with you about your subscription; and
- Send you information we think may be of interest to you based on your marketing preferences.
While using our services, you may share confidential information with us, and you may also become aware of confidential information about us. Both Maralytics and its Customers agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. We may share each other’s confidential information with legal or regulatory authorities when required to do so.
Maintenance and Service Availability
We strive to maintain the availability of our Service, as well as provide Customers with online support, 24 hours a day. We try to minimize any downtime, but sometimes it’s necessary so we can keep our services updated and secure. Prior to any planned maintenance, we will notify Customers beforehand. It is best practice to back up your data regularly. There will be no compensation for any access issues or data loss caused by any downtime.
Maralytics has heavily invested in technical, physical and administrative safeguards so we can do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and thus, we cannot guarantee absolute security. We will notify you if there appears to be unauthorized access to your account, and we may also restrict access to certain parts of our services until we’re able to confirm that access was by an authorized Customer.
As we are continuously improving the Service and our other services, some modifications and improvements may take effect. These may or may not affect the price of your subscription. Should there be any changes, we will communicate them to you through our different marketing channels.
For price changes, these will take effect not earlier than 30 days from the date of our notice to our Customers.
While we frequently release new updates, modifications and enhancements to our services, we also discontinue some features. Should this occur, we’ll endeavor to notify you where practical (for example, by email, on our blog, or within our services when you log in).
We prohibit specific activities when using our Service, so we advise our Customers to avoid the following:
- sell any information that is stored in Maralytics, to other parties;
- store Customers’ credit card details and other financial information;
- use the software other than its intended use;
- deliberate misuse, hacking, sabotaging, or any other malicious activities that could impair the Service, as well as other services and features.
- resell or redistribute Maralytics to other practices. Interested customers should apply for an account directly with Maralytics only. Sign up here.
- Maralytics will not be liable for any profit loss, increase in expenses, or any financial damage incurred by the practice whilst using the software.
- Maralytics is highly secure and is very safe to use. We will not be liable for any hardware or software damages that might happen in the device where Maralytics is being accessed or to any device that is in the same network as the device where Maralytics is being accessed.
- Maralytics will not be liable for any damages including criminal charges arising from the actions listed under the Prohibitions section in this Customers Terms of Service.
- As with any other cloud-based programs, Maralytics Customers may sometimes experience errors, issues, and downtimes. In our effort to be transparent to our Customers, we will publish details about these concerns, including resolutions and updates, on our Website and social media channels. If these errors are affecting your practice and you need urgent assistance, please contact us here or email us at firstname.lastname@example.org.
- Customers agree to release, indemnify, and hold Maralytics and its employees, management, and directors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising from breach of this entire Customers Terms of Service.
Changes to Terms of Service
These terms may be updated anytime without prior notice and are effective immediately. Customers will be updated through email or a notification when they log on to Maralytics.
Alternatively, you can contact:
Miriam van Heusden
Maralytics Pty Ltd.
PO Box 283, Broadbeach