Terms and Conditions

Thank you for using NativeBI.
The NativeBI service is provided by NativeBI Inc., located at N Broad St., Suite 201, city of Middletown, 19709, county of Newcastle, Delaware, United States.

The following terms and conditions apply to all our services that you currently or in the future use without the need to further reference specifically to these Terms and Conditions.
In the case your company or service has contradicting terms and conditions we explicitly exclude their applicability.
Our products are not consumer oriented but intended for use in a business environment. In case that you are a consumer, please notify us explicitly before registering to our services.

1. Registration
1.1. By signing up on our website, you enter into an agreement for our services which will be available to you via the credentials that you provided during the sign up process (email and password).

1.2. When registering with us you have to provide correct and complete information as required by us, e.g. your first name, your last name, your country, company, email address, and valid payment details.

1.3. In the event that the information stated above changes, you are required to update it as soon as possible.

2. Communication
2.1. All our communication will be delivered electronically, either via email or via an announcement in your user account. You will only receive electronic invoices.

2.2. Please ensure that the email address you signed up with and the billing email address are valid and capable of receiving our messages (e.g. check your spam settings and your spam folder regularly).

3. Your Account, your usage
3.1. We issue you a master user account to our services. With this master user account you may setup and manage user accounts for your employees and agents. In this case you are responsible for all actions of your subaccounts and liable for any payments. Please ensure that the users of your subaccounts comply with the terms of these Terms and Conditions.

3.2. Any user account may only be used by the specified individual. Sharing account credentials with others is not permitted.

3.3. Please ensure that the account credentials remain secure. Do not give away any username/password to any third party. Please notify us immediately in the event that one of your accounts is compromised. We will never ask for your password outside our login-process.

3.4. We reserve the right to temporarily disable your access in case there is reason to believe that your account is compromised.

4. Availability
4.1. We are strongly committed to exclude any unavailability, loss of connection or other forms of service limitations. However, please be aware that even though we use latest technology and best practice cloud architecture for scaling and high availability, such issues cannot be fully avoided. This applies especially to any content, systems and connections beyond our sphere of direct management.

4.2. We offer a 98% availability of our services, based on an annual average (we certainly intend to do a much better job).

5. Confidentiality, Reference
5.1. Any Confidential Information (see 5.2) acquired in connection with our mutual agreement is to be kept secret at least for a period of three years after the end of our agreement. Confidential Information may only be disclosed where necessary under this agreement or required by law to third parties who are under obligations of confidentiality substantially similar to this agreement.

5.2. Confidential Information is any information (a) that is neither known to the recipient nor the general public prior to its disclosure and (b) for which the disclosing party has a legitimate interest in keeping such information secret. In particular, the following information is deemed confidential:
• information on the functionality of NativeBI;
• training materials and analysis;
• content of our agreement, e.g. including the pricing, duration and payment terms.
5.3. We are a young company and need your help to tell the world about our product. Therefore, we will occasionally use your company name and logo as a reference on our website, in company presentations or other forms of communication. You may object to this use by notifying us via [email protected]

6. Payment
6.1. Prior to signing up to any of our paid services we will display the costs and features to you.

6.2. When you use paid services, we ask you to provide a valid payment method. Please ensure that the payment method stays valid during the term of the paid service.

6.3. All invoices are to be paid within 14 days.

6.4. Any chargeback fees that result from a failure to provide or keep a valid payment method will be covered by you.

6.5. You may object to our invoices for a period of two months in writing (email). If you do not raise any objection in time the respective invoice will be deemed to be accepted by you. We will specifically notify you about this consequence in our invoice.

6.6 In case you do not pay our invoices in time, we may – after an unsuccessful reminder – disable your account temporarily or exclude you from using certain features of our services until we receive the open amounts. For the time of such deactivation or limitation of service you are still liable for paying our fees.

7. Your data and content
7.1. We do not hold any rights to your data and to content that you process on our platform. You have to ensure that all data and content is rightfully yours.

7.2. Where there is substantiated evidence that your data or content is illegal or being used in illicit activities, we reserve the right to block access to such data. Such conclusive evidence exists inter alia when there is a government investigation, criminal investigation or an injunctive measure against you relating to your use of our service.

7.3. In case of termination of your subscription, we retain your account and content for a period of six months. You should export the data and content before the end of your subscription. We may charge a fee in case you need to export your data after the subscription has ended. We will delete the account and content (a) when you explicitly ask us to do so (b) where the content is evidently illegal or (c) after six months after the termination being effective.

7.4. We may use anonymized data for benchmarking, internal analytics and to improve our services unless you explicitly opt-out to such usage by sending an email to [email protected]

8. Term and Termination
8.1. When you sign up to one of our products, you agree to the fixed term of the relevant service stated in the service description displayed in the payment process.

8.2. In case we do not state a specific term in our signup process the standard fixed term for our services is one month starting the day of the signup.

8.3. The fixed term of the service will auto-renew for the same term unless you terminate by giving us notice not later than one month prior to the end of the term. Please send your notice to [email protected]

8.4. The right to terminate the agreement for cause remains unaffected.

8.5. In the event that we terminated your account, you are not allowed to sign up again without our explicit prior written consent.

9. Liability
9.1. We provide you with a tool designed to help you understand your data. This means that the quality and reliability of the results of your analysis depend on your interpretation of your data and the correct use of our tools. Make sure that you ask our tool the right questions.

9.2. We are liable in cases of
• intent, we are liability to the full loss;
• gross negligence, our liability is limited to the amount of the typical foreseeable loss that would have been prevented through the exercise of due care;
• absence of a guaranteed quality, liability is limited to the amount of foreseeable loss that would have been prevented by the presence of the guaranteed quality.
In other cases, we are not liable except for breach of a major obligation (Kardinalpflicht). Such major obligation is assumed where the duty itself is a necessary prerequisite for the contractual performance, or where the breach of the relevant duty jeopardizes the purpose of the contract and where you could legitimately rely upon its fulfilment.

9.3. The limits of liability do not apply to claims
• for personal injury or death,
• under the German Product Liability Act (Produkthaftungsgesetz) or
• damages incurred as a result of fraud or fraudulent misrepresentation.

9.4. Our service is not intended for any tasks that are of high risk such as air traffic, operating power plants, public transportation and medical treatments.

9.5. Notwithstanding the foregoing provisions, any liability for damages caused by us by simple negligence is excluded with regard to services which we offer free of charge.

10. Copyright
The code of our platform and software is protected by copyright law. This for example means that you may not
• reverse engineer, decompile, disassemble or otherwise attempt to discern
• copy, modify, distribute or make available
our software without our prior consent.

11. Change of Terms & Conditions
11.1. We may change these Terms & Conditions provided that the change does not have any impact on the contractual content that is material for the provision of our services and their equivalent price.

11.2. We will inform you about such changes in text form, inter alia via email to the address provided by you.

11.3. In case, you do not expressly disagree in writing within four weeks after receipt of the change notice, the change will be deemed to be effective and from this point in time, the changed version of the Terms & Conditions will govern your use of our service. We will inform you about this consequence in our notification.