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Miix Analytics' Terms of Use
Miix Analytics' Terms of Use
LAST UPDATED: January 14, 2025
1. OVERVIEW
These Terms of Use form a legally binding contract between Miix Analytics Inc. (“Miix Analytics”, "we" or "us") and the people and companies (“Users” or “you”) that access and use:
i. the Miix Analytics website (including the website hosted at https://www.miixanalytics.com/ and any other web domain used by Miix Analytics to communicate with users now or in the future);
ii. any mobile, computer, or tablet-based application currently offered by Miix Analytics or developed in the future by Miix Analytics; and
iii. all other services provided by Miix Analytics, as described on the Website (Items 1 to 3 are collectively referred to as the "Website").
These Terms of Use apply to all services provided through our Website and any other software application we operate, and all content, services, and products available at or through the Website.
It is very important that you read and fully understand these Terms of Use before using the Website. By agreeing to these Terms of Use and using the Website, you are entering into a legally binding contract which will impact your rights.
By accessing any part of the Website, you agree to be bound by these Terms of Use. You are also confirming that you have read and fully understood these Terms of Use. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or use any services available on the Website.
PLEASE REVIEW THE “GOVERNING LAW AND DISPUTE RESOLUTION” AND “WAIVER OF CLASS ACTION” OF THESE TERMS OF USE (SECTIONS 13 AND 14) CAREFULLY, AS THEY REQUIRE YOU TO RESOLVE ANY FUTURE DISPUTES WITH MIIX ANALYTICS THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY, AND YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST MIIX ANALYTICS.
You should also read Miix Analytics’s separate Privacy Policy , which explains how Miix Analytics handles and uses the data that Miix Analytics collects when you use the Website, and which is incorporated by reference in these Terms of Use. By agreeing to these Terms of Use, you also consent to the collection and use of data as set forth in Miix Analytics’ Privacy Policy.
These Terms of Use should be read in conjunction with the Privacy Policy and any other rules, guidelines, or policies posted on the Website.
2. SERVICES AVAILABLE ON THE WEBSITE
Without restriction, we generally offer the following services through the Website:
Miix Analytics is a Marketing Mix Modeling (MMM) boutique which leverages analytics to help clients get the most ROI from their marketing budgets.
The services we offer are subject to change over time. By using the Website, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your specific purposes.
3. USE RESTRICTIONS
The Website is not intended for use by any person who is, and you are not permitted to use the Website if you are, under the age of 18 or under the legal age of majority in the jurisdiction in which you reside. Miix Analytics does not knowingly collect personal identifiable information from minors under the age of 18. If a minor under 18 has provided us with personal information without parental or guardian consent, the parent or guardian may contact us by emailing us at info@miixanalytics.com, in which case we will remove the information and unsubscribe the minor from any of our electronic marketing lists.
You may not use the Website if you are identified on any Canadian government list of prohibited, sanctioned, or restricted parties, or if you are located in a country that is subject to a Canadian government embargo, or that has been designated by the Canadian government as a "terrorist supporting" country.
You may not attempt to access, copy, decompile, disassemble, or reverse-engineer, distribute, sublicense, publish, interrupt, destroy, or interfere with the source code, libraries, databases, algorithms, data, or Miix Analytics systems or networks that make up the Website, or attempt to circumvent any security controls included in the Website. You may not attempt to access the Website using any automated tools, including without limitation the use of bots, spiders, crawlers, scrapers or other similar tools, or other technology not authorized by Miix Analytics. You may not deep-link to any portion of Website or frame, mirror or otherwise incorporate any part of the Website into any other app or website without Miix Analytics’ prior express written authorization. You may not use the Website for any purpose that is fraudulent or deceptive. If your right to access the Website has been previously revoked by Miix Analytics, all use of the Website is prohibited.
Miix Analytics may update the Website and services from time to time in order to improve the Website and/or services. You agree to install all updates in a timely manner. If you delay or refuse updates to the application, this may compromise or prevent us from delivering the services.
4. INTELLECTUAL PROPERTY
4.1. The Website downloaded or accessed by you pursuant to these Terms of Use, including without limitation all of the text, images, sound, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content contained therein, and all software, source or object code, systems, data, and algorithms embodied in or supporting the Website, or otherwise used by Miix Analytics to deliver the Website, and all intellectual property rights therein including without limitation patent, copyright, trademark rights (collectively, the “Miix Analytics Property”), is the sole and exclusive property of Miix Analytics and/or of third parties provided under license to, or used with permission by, Miix Analytics, and is protected under United States, Canada, and international laws. Miix Analytics reserves all rights in the Miix Analytics Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Miix Analytics Property are granted except as expressly provided herein. You are hereby granted a limited, personal, non-exclusive, non-transferrable, non-sublicensable, and revocable right to access, download, and use the Website solely for the purposes expressly authorized by these Terms of Use, provided that you comply with these Terms of Use.
4.2. The marks “MIIX,” the Miix Analytics logos/images, among other marks, are registered or unregistered trademarks of Miix Analytics, protected under the laws of the United States, Canada, and other countries around the world, and may not be used in connection with any service or products other than those provided by or expressly authorized by Miix Analytics, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Miix Analytics. The Website and services provided to you through the Website may also incorporate protected trademarks of third parties, and the use of such trademarks does not constitute an affiliation, endorsement or sponsorship of Miix Analytics by any third party.
4.3. The Miix Analytics Website may feature the trademarks, service marks, images, logos, and data of third parties, including those of Miix Analytics’ third-party clients and business partners (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such Third-Party Property provided or displayed on the Website, inures solely to the benefit of their respective owners.
4.4. You have no obligation to provide Miix Analytics with ideas, suggestions, recommendations, enhancement requests, testimonials, endorsements, product reviews or information regarding your experience using Miix Analytics' Website or the services provided to you through the Website (“Feedback”). However, if you submit Feedback to or about Miix Analytics, either directly or indirectly via a third-party review site or a survey initiated by Miix Analytics, then you grant to Miix Analytics a non-revocable, non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, reproduce, publicly display, distribute, sell, modify or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
5. WARRANTIES AND REPRESENTATIONS
5.1. The Website and the services provided to you through the Website, are provided on a “AS IS” and “AS AVAILABLE” basis. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MIIX ANALYTICS DISCLAIMS, WITH RESPECT TO THE WEBSITE AND THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, AND ALL CONTENT THEREIN, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Miix Analytics does not warrant that the Website and the services provided to you through the Website will operate error-free or without downtime. Miix Analytics may pause or interrupt the Website and the services provided to you through the Website at any time, and users should expect periodic downtime for updates. Miix Analytics does not warrant or make any representations regarding the use or the results of the Website and the services provided to you through the Website in terms of their correctness, accuracy, reliability, timeliness, completeness, currentness, or otherwise. Miix Analytics shall not be liable for delay, damage, or failure in performance resulting from causes beyond Miix Analytics’ reasonable control, including, without limitation, delays and other problems inherent in the use of the internet and electronic communications, force majeure, or the actions or omissions of third-parties. All content in the Website is provided for informational purposes only. Reliance on any information provided through the Website is solely at your own risk, including, without limitation, business partner information, and Miix Analytics’ recommendations. While unanticipated, errors and bugs may occur in Website and the services provided to you through the Website from time to time that may impact you. This may result in incorrect pricing or other offers. Miix Analytics reserves the right to correct any pricing errors on Website, and it is in Miix Analytics’ sole discretion to honor any incorrect pricing error.
5.2. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THESE ABOVE EXCLUSIONS MAY NOT FULLY APPLY TO YOU.
6. LIMITATION OF LIABILITY
6.1. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL MIIX ANALYTICS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF MIIX ANALYTICS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE. MIIX ANALYTICS ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE OR THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, OR VIA ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THE WEBSITE.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT WHERE PROHIBITED BY LAW IN NO EVENT SHALL MIIX ANALYTICS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO MIIX ANALYTICS OR A THIRD-PARTY SERVICE PROVIDER VIA THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, IF ANY, OR (B) $1,000 (WHICHEVER IS GREATER). IN NO EVENT SHALL MIIX ANALYTICS BE LIABLE FOR ANY FAILURE TO COMPLY WITH THESE TERMS OF USE, OR FAILURE TO PROVIDE THE WEBSITE OR SERVICES PROVIDED TO YOU THROUGH THE WEBSITE, TO THE EXTENT THAT SUCH FAILURE ARISES FROM FACTORS OUTSIDE MIIX ANALYTICS’ REASONABLE CONTROL.
6.2. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6.3. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS OF USE, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY HEREUNDER AND IN THE DECISION BY EACH PARTY TO CONTRACT WITH THE OTHER. YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MIIX ANALYTICS WEBSITE AND THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE.
6.4. An action or proceeding relating to any claim arising out of the Website or services provided to you through the Website must commence pursuant to Section 10 within the shorter of the applicable statute of limitations or one year after the cause of action has accrued, or it shall be waived.
7. INDEMNIFICATION
If you use the Website or services provided to you through the Website for commercial purposes, you agree to indemnify and hold harmless Miix Analytics and its officers, directors, employees, agents, and affiliated companies against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including reasonable legal and accounting fees, caused by, arising out of, or related to your use of the Website or services provided to you through the Website or the breach of these Terms of Use.
8. COMPLIANCE WITH LAWS
You represent and warrant that:
i. You have the authority to bind yourself to these Terms of Use;
ii. Your use of the Website will be solely for purposes that are permitted by these Terms of Use;
iii. Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and
iv. Your use of the Website will comply with all local, provincial and federal laws, rules and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.
9. AGE RESTRICTIONS
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.
10. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.
If any claim, dispute or controversy occurs between MIIX ANALYTICS INC. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or MIIX ANALYTICS INC. Arbitration shall be held in the Province of Ontario, unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MIIX ANALYTICS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
11. WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against MIIX ANALYTICS INC. or its affiliates related to any claim, dispute or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against MIIX ANALYTICS INC. otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
12. GENERAL TERMS
a. LANGUAGE
You and Miix Analytics have agreed that these Terms of Use and all related documents be drawn up in the English language. Les parties aux présentes reconnaissent avoir convenu que la présente entente et les documents connexes soient rédigés en langue anglaise.
b. AMENDING THESE TERMS OF USE
These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time at our discretion, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion or where required by law, via email or notifications on the Website and give you the opportunity to review the amended Policy before you choose to continue using the services provided through the Website. It is your responsibility to monitor the Website regularly for changes to these Terms of Use. You agree that if you do not agree to any such change, you shall immediately stop using the Website and the services provided to you through the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.
c. ASSIGNMENT
We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under these Terms of Use, without our prior written consent, and any unauthorized assignment and delegation is void.
d. NO WAIVER
No waiver of a provision, right or remedy of this Agreement shall operate as a waiver of any other provision, right or remedy or the same provision, right or remedy on a future occasion.
e. NO AGENCY
The parties to these Terms of Use are independent contractors and are not partners or agents. MIIX ANALYTICS INC. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.
f. SEVERABILITY
In the event that any provision or part of this Agreement is found to be void or invalid by a court of law, the remaining provisions, or parts thereof, shall be and remain in full force and effect.
g. ENTIRE AGREEMENT
These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to any Privacy Policy), incorporated by reference, constitute the entire agreement between you and MIIX ANALYTICS INC. and supersede all prior communications, agreements and understandings, written or oral, with respect to the subject matter of these Terms of Use.
13. QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: info@miixanalytics.com
14. CONFIRMATION OF AGREEMENT TO TERMS OF USE
BY PROCEEDING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY POLICIES AND NOTICES POSTED ON THE WEBSITE.
Effective Date of these Terms of Use: January 14, 2025
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