Terms



These Terms of Service are a contract between you and Text-Analyzer.com. Text-Analyzer.com Natural Language Processing, Scripts and Reports and other services therein is collectively the Service. By using the Text-Analyzer.com site and any services accessible from the Text-Analyzer.com site, you are agreeing to be bound by the following terms and conditions (Terms of Service). If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Text-Analyzer.com site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE Text-Analyzer.com site, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE Text-Analyzer.com site AT YOUR OWN RISK.


Account

In order to open an Account on the Text-Analyzer.com site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by Text-Analyzer.com during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. Text-Analyzer.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the Text-Analyzer.com site (Content) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to the Text-Analyzer.com Privacy Policy on this page.

One person or legal entity may not maintain more than one Free Account. Accounts registered by bots or other automated methods are not permitted.


License Grants & Restrictions

Text-Analyzer.com hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Text-Analyzer.com site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the Text-Analyzer.com site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the Text-Analyzer.com site. All rights not expressly granted to you are reserved by Text-Analyzer.com and its licensors. You shall not (i) modify or make derivative works based upon the Text-Analyzer.com site; (ii) reverse engineer or access the Text-Analyzer.com site in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the Text-Analyzer.com site, or (c) copy any features, functions or graphics of the Text-Analyzer.com site. You further acknowledge and agree that, as between the parties, Text-Analyzer.com owns all right, title, and interest in and to the Text-Analyzer.com site, including all intellectual property rights therein.

Your Responsibilities

You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Text-Analyzer.com site, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Text-Analyzer.com immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to Text-Analyzer.com immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Text-Analyzer.com site, including, without limitation, modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding the Text-Analyzer.com site itself (collectively, Equipment). You shall be responsible for ensuring that such Equipment is compatible with the Text-Analyzer.com site. You shall also be responsible for the use, and maintaining the security, of the Equipment.

Impermissable Acts

As a condition to your use of the Text-Analyzer.com site, you agree not to: upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; phish, collect, upload, post, email, transmit or otherwise make available any login data and/or passwords for other web sites, software or services; phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Text-Analyzer.com site; upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; use any manual or automated software, devices, or other processes to crawl, spider or screen scrape any web pages contained in the Text-Analyzer.com site; reverse engineer, decompile or disassemble any of the software used to provide the Text-Analyzer.com site; reproduce, duplicate or copy or exploit any other portion of the Text-Analyzer.com site, without the express written permission of HeatMap; interfere with or disrupt the Text-Analyzer.com site, or any servers or networks connected to the Text-Analyzer.com site, or disobey any requirements, procedures, policies or regulations of networks connected to the Text-Analyzer.com site; obtain, collect, store or modify the personal information about other users; modify, adapt or hack the Text-Analyzer.com site or falsely imply that some other site is associated with the Text-Analyzer.com site or HeatMap; or use the Text-Analyzer.com site for any illegal or unauthorized purpose. You must not, in the use of the Text-Analyzer.com site, violate any laws in your jurisdiction (including but not limited to copyright laws).

Indemnification

You agree to indemnify, hold harmless and defend Text-Analyzer.com, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Text-Analyzer.com or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by Text-Analyzer.com or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the Text-Analyzer.com Script. In such a case, Text-Analyzer.com will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Text-Analyzer.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Feedback

In the course of using the Text-Analyzer.com site, you may provide Text-Analyzer.com with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Text-Analyzer.com site (collectively Feedback). You hereby grant Text-Analyzer.com a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.

Payment, Refunds, Upgrading & Downgrading

A valid credit card is required for paying accounts. Free accounts which provide limited access to the Service are not required to provide a credit card number. The Text-Analyzer.com site is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. You will be billed immediately upon signing up for a paying account. An upgrade from the free account to any paying account will end your free trial. You will be billed monthly at the posted rate. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein. Text-Analyzer.com does not provide any tax reciepts for services rendered. DOWNGRADING THE Text-Analyzer.com site MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. Text-Analyzer.com DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Violation of the Terms of Service

Text-Analyzer.com reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Text-Analyzer.com may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Text-Analyzer.com has no obligation to pre-screen or monitor your access to or use of the Text-Analyzer.com site or any information, materials or other content provided or made available through the Text-Analyzer.com site, but has the right to do so. You hereby agree that Text-Analyzer.com may, in the exercise of HeatMap's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account. You can cancel your account at any time by replying to the setup email with the word CANCEL in the subject or by cancelling your PayPal Subscription with Text-Analyzer.com/FormThis Ltd. Any cancellation of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account on or after the day of cancellation either in writing from you or via a PayPal subscription cancellation. This information cannot be recovered from Text-Analyzer.com once your account is cancelled. Please be aware that Text-Analyzer.com may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. Cancellations will take effect immediately. Upon the commencement of a new Service period the Service will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your Service period.

Limits & Termination

Text-Analyzer.com reserves the right to terminate any Free Plan without notice.

Text-Analyzer.com in its sole discretion, has the right to suspend or terminate your Account if (1) you breach these Terms of Service or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service.  If Text-Analyzer.com determnes that you have more than one account under another Free Plan, it may be remvoed without notice or notification . In each such case Text-Analyzer.com may refuse to provide you any current or future use of the Text-Analyzer.com site, or any other Text-Analyzer.com Service.

Modifications to the Text-Analyzer.com site & Prices or the Text-Analyzer.com site & Prices

Text-Analyzer.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Text-Analyzer.com site and Service (or any part thereof) with or without notice. Prices of Text-Analyzer.com sites, including but not limited to annual or monthly subscription plan fees to the Text-Analyzer.com site, are subject to change at anytime. Such notice may be provided at any time by posting the changes to the Text-Analyzer.com site. Text-Analyzer.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Text-Analyzer.com site. Text-Analyzer.com reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Text-Analyzer.com site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Text-Analyzer.com site after any such changes shall constitute your consent to such changes.

Copyright & Content Onwershihp

We claim no intellectual property rights over the material you provide to the Text-Analyzer.com site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content. Text-Analyzer.com does not pre-screen Content, but Text-Analyzer.com and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Text-Analyzer.com site. Notification of Claims of Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify HeatMap's agent for notice of claims of copyright or other intellectual property infringement (Agent), at supportatText-Analyzer.com (replace at with @) or: Copyright Agent Text-Analyzer.com 6 Smith Rd RR1 Oxford Stn Ontario, K0G 1T0 Canada Please provide our Agent with the following Notice: Identify the material on the Text-Analyzer.com site that you claim is infringing, with enough detail so that we may locate it on the website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature. Text-Analyzer.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Disclaimer of Warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE Text-Analyzer.com site ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITH NO WARRANTIES WHATSOEVER. Text-Analyzer.com AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Text-Analyzer.com AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Text-Analyzer.com DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE Text-Analyzer.com site WILL BE CORRECTED. Text-Analyzer.com AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. Text-Analyzer.com AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Text-Analyzer.com SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE Text-Analyzer.com site.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE Script, Reports and ANY CONTENT ON THE Text-Analyzer.com site AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is provided to all customers via email. Paid customers recieve support in under 72 hours via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL Text-Analyzer.com, OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR Text-Analyzer.com site ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Text-Analyzer.com OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR Text-Analyzer.com site, FROM INABILITY TO USE THE SERVICES OR Text-Analyzer.com site, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR Text-Analyzer.com site (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR Text-Analyzer.com site OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Text-Analyzer.com SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Text-Analyzer.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

General

These Terms of Service will be governed by and construed in accordance with the laws of Ontario Canada, without giving effect to its conflict of laws provisions or your actual province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of HeatMap. Questions about the Terms of Service or Billing should be addressed to the supportatText-Analyzer.com email account.

Privacy


Text-Analyzer.com is committed to protecting your privacy and the protection of the data it captures. We are not in the business of selling private data to third parties. This Statement of Privacy applies to the Text-Analyzer.com Web site and governs data collection and usage. By using the Text-Analyzer.com website, you consent to the data practices described in this statement.

Collection of your Personal Information

Text-Analyzer.com clients may use tools to analyze click data results and potentially make modifications to their site to improve the effectiveness of their business, increase traffic and make it easier for visitors to use. This data may include how visitors navigate around a web page and the most commonly clicked links on a specific page. Text-Analyzer.com also collects certain technical information, such as the browser version and operating system, etc.

There is also information about your computer hardware and software that is automatically collected by Text-Analyzer.com. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Text-Analyzer.com for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Text-Analyzer.com Web site.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Text-Analyzer.com public message boards, this information may be collected and used by others. Note: Text-Analyzer.com does not read any of your private online communications.

Text-Analyzer.com encourages you to review the privacy statements of Web sites you choose to link to from Text-Analyzer.com so that you can understand how those Web sites collect, use and share your information. Text-Analyzer.com is not responsible for the privacy statements or other content on Web sites outside of the HeatMap, and Text-Analyzer.com family of Web sites.

Use of your Personal Information

Text-Analyzer.com collects and uses your personal information to operate the Text-Analyzer.com Web site and deliver the services you have requested. Text-Analyzer.com also uses your personally identifiable information to inform you of other products or services available from Text-Analyzer.com and its affiliates. Text-Analyzer.com may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Text-Analyzer.com does not sell, rent or lease its customer lists to third parties. Text-Analyzer.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Text-Analyzer.com may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to HeatMap, and they are required to maintain the confidentiality of your information.

Text-Analyzer.com does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.

Text-Analyzer.com keeps track of the Web sites and pages our customers visit within Text-Analyzer.com, in order to determine what Text-Analyzer.com services are the most popular. This data is used to deliver customized content and advertising within Text-Analyzer.com to customers whose behavior indicates that they are interested in a particular subject area.

Text-Analyzer.com Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Text-Analyzer.com or the site; (b) protect and defend the rights or property of Text-Analyzer.com; and, (c) act under exigent circumstances to protect the personal safety of users of Text-Analyzer.com, or the public.

Use of Cookies

The Text-Analyzer.com web site and services use "cookies" to help you personalize you or your visitors online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Text-Analyzer.com pages, or register with Text-Analyzer.com site or services, a cookie helps Text-Analyzer.com to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Text-Analyzer.com web site, the information you previously provided can be retrieved, so you can easily use the Text-Analyzer.com features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Text-Analyzer.com services or web sites you visit.

Security of your Personal Information

Text-Analyzer.com secures your personal information from unauthorized access, use or disclosure. Text-Analyzer.com secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure.

Changes to this Statement

Text-Analyzer.com will occasionally update this Statement of Privacy to reflect company and customer feedback. Text-Analyzer.com encourages you to periodically review this Statement to be informed of how Text-Analyzer.com is protecting your information.

Contact Information

Text-Analyzer.com welcomes your comments regarding this Statement of Privacy. If you believe that Text-Analyzer.com has not adhered to this Statement, please contact us at supportatText-Analyzer.com and we will use commercially reasonable efforts to promptly determine and remedy the problem.