Terms and Conditions of Use

Revision Date: January 11, 2016

Please read the following Terms and Conditions carefully as they may have changed since your last visit. By choosing to continue to use the site; accessing our services or contacting our service agents, you indicate your acceptance of all Terms and Conditions which form our Agreement. . If you do not agree to the Terms of Use, please do not use this Website, our services or contact our agents. 


AGREEMENT BETWEEN CLIENT AND SPIKEFLI ANALYTICS CORP.

The website (“Website”) is provided solely to assist Clients/Users in gathering and assessing information on their telecommunication accounts; and for no other purposes. The terms "we,” "us,” "our" and "SpikeFli" refer to SpikeFli Analytics, Corp., an Alberta corporation. The terms "you,” “your” and “client" refer to the user visiting the Website, or any other individual; department of group who makes decisions relating to the management of their telecommunications accounts as a result of any information they may have received by way of this site.


USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website in accordance with these Terms of Use;
  4. you will only use this Website to access telecommunications accounts for which you are legally authorized to act.
  5. all information supplied by you on this Website is true, accurate, current and complete; and
  6. you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. 

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.


PROHIBITED ACTIVITIES

The content and information on this Website, as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your reports (and related documents) for evaluation, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to: 

  1. use this Website or its contents for any commercial purpose;
  2. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  5. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

It is illegal to subscribe to services in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

 If your account shows signs of fraud, abuse or suspicious activity, we may cancel any service subscription associated with your name, email address or account, and close any associated SpikeFli accounts.  If you have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you may be liable for monetary losses to SpikeFli, including litigation costs and damages


CARRIER RULES AND RESTRICTIONS

Additional terms of use may apply to your subscription to SpikeFli services as they relate to private information gathered from your carrier’s web portal. Please read these additional terms of use carefully. They can be found on the carriers’ websites. You agree to abide by the terms of use imposed by any carrier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the carriers rules and restrictions regarding access and distribution of confidential information


REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Site or otherwise, including any service reviews, photos,  videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant SpikeFli and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, "SpikeFli Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that SpikeFli may choose to provide attribution of your comments or reviews (for example, listing your name and company on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You acknowledge and agree that Submissions are non-confidential and non-proprietary.  You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the SpikeFli Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms of use, please do not provide us with any Submissions. 

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future programs. 


NO WARRANTIES

Unless a Carrier or supplier has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the availability of products and/or services through this Site (ii) that use of this Site and all software, products or services associated with this Website will be error-free; (iii) regarding the results that may be obtained from the use of this Website; (iv) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Website; or, (v) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website is at your sole risk.

In no event shall SpikFli be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your ability to access, display or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website).


INDEMNIFICATION

You agree to defend and indemnify SpikeFli Analytics Corp, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Terms of Use or the documents referenced herein;
  2. violation of any law or the rights of a third party;
  3. your use of this Website; or
  4. your use of this Website for, or on behalf of, a Third Party.


LINKS TO THIRD PARTY WEBSITES

This Website may contain hyperlinks to websites operated by parties other than SpikeFli. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.


TERMINATION OF USAGE

User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.


SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that we make available to download from this Website ("Software") or through your mobile application store, including a mobile application (the “Mobile Application”) is the copyrighted work of SpikeFli Analytics Corp. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application in accordance with these terms of use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by SpikeFli Analytics Corp., and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges.


PAYMENT METHODS

All Subscription requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the same currency associated with the telecom billing accounts.


COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: © 2017 SpikeFli Analytics Corp.  All rights reserved. The SpikeFli.com logo are either registered trademarks or trademarks of Spikefli Analytics Corp. in Canada and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by contacting us.


PATENT NOTICES

One or more patents may be owned by SpikeFli Analytics or pending, which may apply to this Website and to the features and services accessible via the Website.


GENERAL

You agree that no joint venture, partnership, or employment relationship exists between you and SpikeFli as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.


ENTIRE AGREEMENT

This Agreement and any other terms and conditions referenced herein, constitutes the entire agreement between the user and SpikeFli with respect to this Website; our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


SERVICE HELP

For quick answers to your questions, please contact us, or you can write to us at:

Attn: Customer Service

SpikeFli Analytics Corp.

#114, 7710 5 Street SE
Calgary, Alberta
Canada, T2H 2L9

©2017 SpikeFli Analytics Corp.. All rights reserved.