Last Updated: feb, 2022
Thank you for visiting www.elysiumanalytics.ai (the “Site”) and learning more about our log analysis service (the “Service”). Your use and access of the Site is governed by and subject to the following terms of use (“Terms”). If you do not agree to these Terms, or if you do not agree with our Privacy Policy, which is available at https://www.elysiumanalytics.ai/privacy-policy, please do not use the Site or the Service. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SITE, YOU REPRESENT THAT: (I) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE, (II) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ELYSIUM ANALYTICS, INC. (“ELYSIUM ANALYTICS”), AND (III) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
1. Member Accounts—In order to use certain features of the Service, you may be asked to create an account (“Member Account”). You may never use another’s Member Account without permission. As part of the account set-up and registration process, you may be asked to select a username and password. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site, and will maintain the accuracy of such registration data. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such user name impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. You agree to notify Elysium Analytics immediately of any unauthorized use of your password or any other breach of security. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. Your Use of The Service—Subject to these Terms and our Privacy Policy, you are granted a limited license to use Site to learn about and potentially access the Service and to copy, display, and use the functionality, materials, features, and services provided by the Site solely for your personal, non-commercial use. If you use the Service, including via your Member Account, you acknowledge and agree that in addition to these Terms, your access to and use of the Service will be subject to the terms and conditions of Elysium Analytics’ Software Subscription Agreement (“Subscription Agreement”). In the event of a conflict between these Terms and the Subscription Agreement, the Subscription Agreement will prevail.
3. Intellectual Property Ownership—All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Site (the “Materials”) are owned by Elysium Analytics and its affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Elysium Analytics and you, all right, title and interest in and to the Materials will at all times remain with Elysium Analytics and/or its Owners. The word “Elysium Analytics”, “Elysium Analytics” and the “Elysium Analytics” logos, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Elysium Analytics. Elysium Analytics reserves all other rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under Elysium Analytics’ and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Elysium Analytics may revoke any of the foregoing rights and/or your access to the Site, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
4. Restrictions on Use— You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or posting of Materials on other websites is strictly prohibited. The use or misuse of the Site of any Materials, except as provided in these Terms is strictly prohibited. You shall not, without Elysium Analytics’ express written consent:
(a) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or re-use all or part of the Materials on this system or any other system;
(b) use any tradename, trademark, or brand name of Elysium Analytics in metatags, keywords and/or hidden text;
(c) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes or modify, translate, alter or create any derivative works thereof;
(d) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way;
(e) use the Site, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to Elysium Analytics, the Owner, or any third party referenced therein;
(f) use the Materials, and/or any services and products on the Site or accessible via the Site for unlawful purposes;
(g) alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials;
(h) disassemble, decompile, reverse compile or reverse engineer any part of the Site;
(i) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site;
(j) use the Site or Materials for any illegal, fraudulent, misleading or deceptive purposes;
(k) interfere with or damage the Site or Materials, including without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
(l) disrupt, overburden, or aid or assist in the disruption or overburdening of (x) any computer or server used to offer or support the Site or Services; or (y) the enjoyment of the Site or Services by any other person;
(m) upload an content to the Site that (1) infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity; or (2) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive or profane; or
(n) engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise)
5. Arbitration; Applicable Law
PLEASE READ THIS CAREFULLY. IT IS PART OF YOUR AGREEMENT WITH ELYSIUM ANALYTICS AND AFFECTS YOUR RIGHTS. IF CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER
Except for a claim by Elysium Analytics of infringement or misappropriation of Elysium Analytics’ patent, copyright, trademark, or trade secret, any and all disputes between you and Elysium Analytics arising under or related in any way to these Terms must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site.
YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ELYSIUM ANALYTICS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ELYSIUM ANALYTICS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section. For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Developer must abide by the following rules: (a) the arbitration shall be conducted solely based on written submissions; and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in Los Angeles, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles, California. Claims of infringement or misappropriation of Developer’s patent, copyright, trademark, or trade secret shall be exclusively brought in the state and federal courts located in Los Angeles, California.
The laws of the State of California, excluding its conflicts of law rules that would result in the laws of a State other than California, govern your use of the Site and the Service.
6. Links—The Site may contain links allowing you to leave the Site for other Site that are not under our control (“Linked Site”). Elysium Analytics provides the linked Site to you only as a convenience and does not endorse any Linked Site. Elysium Analytics is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Site contains no errors or viruses. Elysium Analytics is not responsible for the terms of use or privacy practices of the Linked Site or any link contained in the Linked Site. Your linking to any Linked Site or any other off-site page or other site is entirely at your own risk. Elysium Analytics encourages you to carefully read the policies of each site you visit.
7. Submitted Ideas—While Elysium Analytics appreciates your interest in Elysium Analytics and the Site, Elysium Analytics does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personal information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of Elysium Analytics. Further, you understand and acknowledge that Elysium Analytics employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Elysium Analytics is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that Elysium Analytics assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. You hereby grant Elysium Analytics a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, create derivative works of, and otherwise commercially exploit any suggestion, feedback or ideas you submit to Elysium Analytics.
8. Elysium Analytics Online Privacy Policy—Elysium Analytics takes your privacy very seriously. Elysium Analytics’ online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Site. Please read and understand our Privacy Policy before accessing or using the Site.
9. Community Guidelines—The Website may include certain functionality that allows users to post information, provide feedback and comments, or provide other content (“User Content”). Although Elysium Analytics may from time to time review User Content, you acknowledge that is under no obligation to monitor or control, and shall have no liability for, any User Content. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated or contained in User Content are those of their respective authors who are solely responsible and liable for their User Content. Elysium Analytics reserves the right, in its sole discretion, to refuse to post or remove any User Content at any time, without notice, for any reason or for no reason. In the event you upload, post or otherwise transmit any content, text, information, works of authorship or other materials on or to the Site (“Your Content”), you shall and hereby do grant Elysium Analytics a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, license, reproduce, modify, distribute, perform, display, and transmit Your Content for the purposes of providing the Site to you and other users.
10. Digital Millennium Copyright Act—Elysium Analytics is committed to respecting and protecting the legal rights of copyright owners. As such, Elysium Analytics adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Materials infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Elysium Analytics’ designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
(1) 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 claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
(2) Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
(3) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(4) A statement that you have 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; and
(5) A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Elysium Analytics’ Copyright Agent to receive DMCA Takedown Notices is: dmca@Elysiumanalytics.ai
11. Disclaimers—Without limiting the foregoing, the Site and the Materials and all other features offered via the Site, are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then Elysium Analytics hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from Elysium Analytics, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Elysium Analytics does not make any warranties that the Site will be uninterrupted, secure or error free or that your use of the Site will meet your expectations, or that the Site, Materials, or any portion thereof, is correct, accurate, or reliable. Elysium Analytics reserves the right to change any part of the Site at any time without notice.
12. Limitation of Liability—Your use of the Site is at your own risk. Neither Elysium Analytics, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Site or arising out of any action taken in response to or as a result of any Materials or other information available on the Site, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if Elysium Analytics was advised of the possibility of such damages. If you become dissatisfied in any way with the Site, or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Site. You hereby waive any and all claims against Elysium Analytics and its affiliates, agents, representatives and licensors arising out of your use of the Site. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Elysium Analytics and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Site would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
13. Ability to Accept Terms of Use—You affirm that you are more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with these Terms.
14. Assignment—These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Elysium Analytics without restriction.
15. Changes to these Terms—From time to time, Elysium Analytics may revise these Terms. When changes are made, Elysium Analytics will make a new copy of the Terms available at the Site, and will also update the “Last Updated” date above. If Elysium Analytics makes any material changes, and you have registered to create a Member Account with Elysium Analytics, Elysium Analytics will also send an email to you at the last email address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Site and will be effective thirty (30) days after posting notice of such changes on the Site for existing users. Your use of the Site following the posting of any revised Terms shall be deemed acceptance of the revised policy. Elysium Analytics strongly recommends checking Terms periodically. If you disagree with the provisions of these Terms at any time, your sole remedy is to terminate your use of the Site. Continued use of the Site constitutes your agreement to these Terms as in effect.
16. Miscellaneous—Elysium Analytics’ failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.