ATTRIBOOST TERMS OF SERVICE

1. The Attriboost website offers its customers applicable services regarding the collection, storing, attributing of information and further analytics of user’s behavior while they are using customer’s Roku application(s), help with tracking, understanding and improving user experience in such Roku application(s) (together, the “Attriboost Services”) are owned and operated by Bearvid Limited, a Hong Kong Private company limited by shares with its registered address at Room 7B, One Capital Place, 18 Luard Road, Wan Chai, Hong Kong and its company number 2780914 (“Attriboost” or “We”, or “Us”).

2. Use of Attriboost Services is governed by these Attriboost Terms of Service, Attriboost Data Processing Addendum posted at https://www.attriboost.com/dpa and the Attriboost Privacy Policy posted at https://www.attriboost.com/privacy. These documents should be read carefully and in their entirety before advancing to any of the pages or other areas of the Attriboost Services. If you have any questions regarding the Terms of Service, please contact us at: legal@attriboost.com.

3. These “Terms of Service” are effective as of October 30th, 2020.

4. These Terms of Service apply to all customers of the Attriboost Services, whether you are simply browsing or interacting with the Attriboost Services in any other way. The term “Customer” or “Customers”, “you” or “your” therefore applies to anyone performing any of the above actions.

5. By using the Attriboost Services, including but not limited to clicking on the «Sign up», «Request a Demo» or «Log in» button on, and by supplying Attriboost with all the information required to create an account on the Attriboost Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, and affirm that you are over the age of 18. If you are entering into these Terms of Service on behalf of a business or other legal entity, you represent that you have the authority to bind the entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to the entity and its affiliates.

6. Attriboost Services are operated at the internet address https://www.attriboost.com (the “Domain”). Attriboost may transfer or copy the website, in whole or in part, to any other domain and/or change the name of the Attriboost Services or add features and services. The Terms of Service shall continue to apply whether the Attriboost Services are operated on this or another domain, and whether operated under the current name or any other name.

7. We may amend these Terms of Service at any time, and the most recent version will always be available by selecting the “Terms of Service” link displayed prominently on the Attriboost Services. The revised Terms of Service will come into effect and bind customers once posted on the Attriboost Services, and if you access or use the Attriboost Services after that date, your use will constitute acceptance of such revised Terms of Service. If any change to these Terms of Service is not acceptable to you, your only remedy is stop accessing and using the Attriboost Services. Therefore, customers are encouraged to check the Terms of Service frequently for amendments.

ACCESS AND USE OF THE ONLINE SERVICES

1. Unless you have been specifically granted a broader license, Attriboost grants you permission to use the Attriboost Services on the condition that you accept and abide by all the Terms of Service.

2. No part of the Attriboost Services may be copied, reproduced, published, publicly performed or displayed, transmitted, communicated, made available to the public, stored in any electronic retrieval system or distributed in any manner or medium without the prior written consent of Attriboost.

3. You may not: (i) alter, modify, reverse-engineer or amend any part of the Attriboost Services, other than by submitting relevant content, under the rules set out in these Terms of Service; (ii) use the Attriboost Services or any information on or about other customers obtained from the Attriboost Services to send any spam or other unauthorized or unsolicited commercial communications or publicity materials, solicitations, chain-letters and the like; (iii) transmit to or by way of the Attriboost Services any content which contains any software viruses, bugs, Trojan horses, worms or other computer program or content that is or could be harmful to other computers or computer programs or could interrupt their use.

4. You may not circumvent, disable or otherwise interfere with any technological measures used in connection with the Attriboost Services, which are designed to prevent or restrict use of, or access to any content or materials, or any copying or distribution of content or materials, or to protect the privacy of customers.

5. Customers agree not to operate or use any automated system or program, including any robot (bot), spider, crawler and the like, that sends user requests to the Attriboost Services in a quantity that exceeds the number of requests that a human being, not using such a system or program, would be able to send in any given period of time using a standard web browser, or at intervals that are less than those at which regular requests are sent during the normal course of browsing, or that exceeds the number of requests that a reasonable customer would send during the normal course of personal, non-commercial use of the Attriboost Services. Notwithstanding the following, the operators of publicly accessible search engines may use industry standard automated programs that do not unduly burden the Attriboost Services or our servers solely for the purpose of indexing the Attriboost website and its contents in the search engine.

6. We permit and encourage links to the Attriboost website, provided the link is made and used in an acceptable and non-misleading manner and that the website is not framed by the linking Attriboost Services. We reserve the right to revoke permission to any Attriboost Services to link to the Attriboost Services in our absolute discretion.

7. We may provide links to third parties that are not owned or operated by Attriboost. These links are provided as a service to our customers, because we think those Attriboost Services may be of interest to them. We do not endorse such services or warrant or approve of any content contained therein and will not in way be responsible for them or their contents.

8. Attriboost may cease or terminate the operation of the Attriboost Services, or any part, or area of the Attriboost Services, either temporarily or permanently, and may transfer the Attriboost Services, in whole or in part, to another domain at any time at Attriboost’s discretion.

9. To access Attriboost Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Attriboost Services that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with Attriboost Services (if applicable) or otherwise, including but not limited to through the use of any interactive features on Attriboost Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Attriboost may, in its sole discretion, confirm or otherwise verify or check, the truth and accuracy of any registration information provided by you. You hereby covenant and guarantee to provide to Attriboost only the truthful and valid information regarding your identity and location. In case Attriboost or third-party payment provider requests you to prove your identity and location, you shall reply within 2 (two) business days from the day of request and provide valid proof of your identity and location. If at any time Attriboost, in its sole judgment and discretion, determines your registration information to be misleading, inaccurate or untruthful, Attriboost may restrict, deny or terminate your account, your access and use of, and/or any benefits derived from Attriboost Services.

10. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Attriboost Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

11. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service. You hereby agree that we shall have a non-exclusive, royalty free, irrevocable, worldwide license to use your general anonymized info (excluding your name and contact details) for doing case studies for the unlimited term.

12. You will be allowed to create only 1 (one) account by using your own identity and/or legal information; any additional account must be expressly preapproved with Attriboost’s representative in writing. If at any time Attriboost becomes aware of more than one account related to one and the same private individual or legal entity, created to deceive Attriboost or its partners, Attriboost may restrict, deny or terminate such accounts and/or any benefits derived from such accounts.

13. In case your account is not active for a period of 12 (twelve) months and your account may be terminated.

14. If you conduct any type of fraudulent activity within and/or connected to your account, as shall be determined by Attriboost at its sole discretion, Attriboost may terminate your account.

15. You may terminate your account at Attriboost Services at any time by giving Attriboost a 48 (forty-eight) hours’ prior written notice. If Attriboost believes that you breached any provision of these Terms of Service, Attriboost reserves the right to suspend your account immediately. The account can later be restored if the situation is resolved amicably.

16. If you submit any content to Attriboost or provide any own online properties within your account at Attriboost Services, you hereby represent and warrant that such content/online properties does not and will not in any way: (a) violate any third-party copyright, trademark, trade name trade secret or other form of intellectual property; (b) violate any applicable laws rules and/or regulations; (c) contain false or deceptive advertising or any machine-readable code including but not limited to any virus, Trojan-horse or other self-executing program; (d) contain any content that can be classified as defamatory, obscene, misleading, deceptive, fraudulent or otherwise inappropriate, or (e) violate any applicable law or regulation. You hereby accept that if you are in breach of any of the above representations and warranties, then Attriboost has the right to immediately terminate your account at Attriboost Services without any liability to you and take any other necessary step and/or action deemed appropriate.

17. Right now, Attriboost offers Attriboost Services to its customers for free. However, Attriboost reserves the right to: (i) implement any subscription plans it deems fit on an indefinite basis; (ii) change the prices for or alter the features and options in a particular subscription plan without prior notice to the customer; and (iii) suspend the provision of free Attriboost Services at any time.

RELIANCE ON INFORMATION POSTED

1. The information presented on or through the Attriboost Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to Attriboost Services, or by anyone who may be informed of any of its contents.

2. Attriboost Services may include content provided by third parties, including materials provided by other Customers, third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Attriboost, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Attriboost. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

INTELLECTUAL PROPERTY RIGHTS

1. Any and all intellectual property rights, including patents, copyrights, trademarks, trade-dress and designs in the Attriboost Services and any materials on the Attriboost Services, including its source program and any and all texts, graphics, artwork, photographs, logos, audio-visual and musical works, sound recordings, interactive materials and any other materials (“Materials”) are owned by, or licensed to Attriboost and are protected by law, as well as under international treaties. All rights in such Materials are reserved. No licenses of any kind to such Materials are granted or implied other than as specifically set out hereunder. These Materials are provided for the personal, non-commercial use of Customers and may not be published, copied, reproduced, publicly performed or displayed, transmitted, or made available to the public, distributed, sold, licensed or otherwise exploited without the specific, written authorization of Attriboost or the Licensor of the Materials (in regard to all materials other than your submitted content) or the owner (in regard to your submitted content).

2. The Attriboost and Attriboost names, marks and logos may not be used for any purpose without the prior written consent of Attriboost.

3. Any materials, including any software, text, graphics, audiovisual works, music and recordings which may be downloaded from the Attriboost Services, are licensed to you solely for your own, personal and non-commercial use and enjoyment on one computer, or other device to which materials may be downloaded, and for no other use, unless otherwise agreed by Attriboost or granted via separate agreement with Attriboost. This license is non-exclusive and non-transferable and may be revoked by Attriboost at any time. The prohibitions above, such as against copying, reproduction and distribution apply to all such materials. In addition, you may not remove any copyright or other notice or mark appearing on the materials.

COMPLAINTS OF INFRINGEMENTS

1. Attriboost respects the rights of others and expects you to do so also.

2. If you are the owner of a copyright or the authorized agent of any copyright holder and you believe that any content on the Attriboost Services includes any content that infringes upon your copyright, you may submit a written notification to us under 17 U.S.C. Section 512(c) (3) (the “Digital Millennium Copyright Act” or “DMCA”) including the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work or works claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Attriboost to locate the material.
  • Information reasonably sufficient to permit Attriboost to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our email for DMCA complaints under this Section above is legal@attriboost.com.

3. Under 17 U.S.C. Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

4. If you believe that any content on the Attriboost Services infringes any other intellectual property right, other than copyright, or any other right of yours, or is harmful to you or your rights in any other manner harms you, or if you have any other complaint regarding the Attriboost Services, please notify us so that we may review your complaint. All complaints under this section should be sent in writing to the above email and should give the following details:

  • Your full name and contact details, including physical address and email, and, when available a fax number and telephone number;
  • Full details of the complaint, detailing: i) the rights claimed to have been infringed or the harm claimed to have been caused to you;
  • a statement that you own the rights claimed to have been infringed, or are the authorized agent of the owner;
  • a detailed statement identifying as fully as possible the allegedly infringing material and its location on the Attriboost Services.
  • Information reasonably sufficient to permit Attriboost to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. Attriboost will review all complaints promptly but reserves the right to decide whether to act on such complaints.

DISCLAIMER OF WARRANTY

1. ALTHOUGH WE WILL DO OUR BEST TO PROVIDE CONTINUOUS SERVICE, ATTRIBOOST DOES NOT AND CANNOT GUARANTY THAT THE ATTRIBOOST SERVICES WILL BE AVAILABLE TO CUSTOMERS AT ALL TIMES. IN PARTICULAR, THE ATTRIBOOST SERVICES MAY BE SHUT DOWN FOR MAINTENANCE AND REPAIR AND MAY BE TEMPORARILY DISABLED DUE TO TECHNICAL PROBLEMS, INCLUDING NETWORKING PROBLEMS.

2. USE OF THE ATTRIBOOST SERVICES IS AT THE SOLE RISK OF CUSTOMER. TO THE FULLEST EXTENT PERMITTED BY LAW, ATTRIBOOST, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND USE THEREOF BY ANY CUSTOMER.

3. ATTRIBOOST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT OF THE ATTRIBOOST SERVICES, INCLUDING CUSTOMER CONTENT, OR OF ANY ATTRIBOOST SERVICES LINKED HERETO; (II) HARM, INJURY OR DAMAGE TO PERSONA OR PROPERTY OF ANY KIND OR NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE ATTRIBOOST SERVICES, INCLUDING CUSTOMER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THE ATTRIBOOST SERVICES; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, TROJAN HORSES, WORMS AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THE ATTRIBOOST SERVICES BY ANY THIRD PARTY; (VI) ANY OTHER LOSSES, DAMAGES OR HARM RESULTING FROM USE OF THE ATTRIBOOST SERVICES, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR PROSPECTIVE OPPORTUNITY, LOSS HARM OR DAMAGE TO NAME OR GOODWILL.

LIMITATION OF LIABILITY

1. IN NO EVENT SHALL ATTRIBOOST, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY LOSS OF INCOME, PROFITS, BUSINESS OR OPPORTUNITY, OR ANY LOSS HARM OR DAMAGE TO NAME OR GOODWILL RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT OF THE ATTRIBOOST SERVICES, INCLUDING CUSTOMER CONTENT, OR ANY ATTRIBOOST SERVICES LINKED HERETO; (II) HARM, DAMAGE OR INJURY TO PERSON OR PROPERTY OF ANY NATURE OR KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ATTRIBOOST SERVICES, INCLUDING CUSTOMER CONTENT; (III) DAMAGE, LOSS OR HARM RESULTING FROM ANY MALFUNCTION OR UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) DAMAGE, LOSS OR HARM RESULTING FROM ANY INTERRUPTION TO OR CESSATION OF COMMUNICATION WITH THE ATTRIBOOST SERVICES; (V) ANY DAMAGE, LOSS OR HARM RESULTING FROM ANY VIRUSES, BUGS, WORMS, TROJAN HORSES AND OTHER HARMFUL PROGRAMS TRANSMITTED TO, THROUGH OR FROM THE ATTRIBOOST SERVICES BY ANY THIRD PARTY; (VI) ANY STATEMENTS OR CONTENTS CONTAINED IN ANY CUSTOMER CONTENT, ALL OF THE ABOVE WHETHER THE CLAIM AGAINST US IS BASED ON WARRANTY, CONTRACT, TORT, THE LAW OF PROPERTY, OR ANY OTHER LEGAL GROUNDS OR THEORY, AND WHETHER OR NOT SUCH DAMAGES ARE OR WERE FORESEEABLE OR FORSEEN BY ATTRIBOOST . THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT SHALL THE LIABILITY OF ATTRIBOOST EXCEED THE TOTAL AMOUNT OF $100. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR ATTRIBOOST SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNITY

You agree and undertake to fully indemnify Attriboost, its parent companies, officers, directors and employees from and against any and all damages, loses, costs and expenses of whatever kind, including attorney’s fees and any sums paid under any settlement, incurred or suffered as a result of any claim, demand or suit by any third party, whenever and wherever filed, arising out of: (i) your access and use of the Attriboost Services or use of it; (ii) any infringement of these Terms of Service by you; (iii) any other act or omission of yours, including any infringement of any intellectual property right or any other right of any third party.

ASSIGNMENT

1. These Terms of Service and Attriboost Privacy Policy located at https://www.attriboost.com/privacy, together with any legal notices that may be posted by Attriboost on the Attriboost Services constitute the entire Agreement between You and Attriboost regarding the Attriboost Services and your use thereof. Any previous Agreements, representations or undertaking between the Parties regarding the subject matter of the Agreement are null and void, unless specifically agreed in a separate Agreement with Attriboost.

2. The headings to this Agreement are intended for convenience only and shall not be used for interpretation.

3. If any provision or provisions of this Agreement should be held to be unenforceable, such holding will not affect the other provisions hereof which shall remain in full force.

4. No failure of Attriboost to invoke or enforce any of the Terms of Service shall be considered as a waiver of any right of Attriboost.

5. This Agreement shall be governed and construed under the laws of Hong Kong. Exclusive jurisdiction over any dispute arising out of or under these Terms of Service shall be with the courts of Hong Kong. You hereby waive any right to file a claim in any other jurisdiction.