Last modified: 26/02/2024
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Skein website http://www.skein.co/ (the “Site”), Tara-Skein app and Niffler service https://www.nifflerai.com/ (the “Service”) operated by Skein (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
INTRODUCTION AND ACCEPTING THE TERMS
Welcome to Skein! These Terms of Service (“Terms”), which include and hereby incorporate the Privacy Policy (“Privacy Policy”) at http://skein.co/privacy-policy, are a legal agreement between Skein Ltd. and its related companies (the “Company” or “we”) and you (“you”). By using or accessing the Niffler application (the “App”) at https://app.niffler.ai/ or the website located at http://skein.co/ (the “Site”), which are collectively referred to as the “Service”, you agree (i) that you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms. The Company reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective seven (7) days following posting on the Service, and your continued use of the Service after the effective date will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
THE WEBISTE
www.skein.co is a website operated by Skein LTD (“Skein”). Skein LTD is registered in England No 6963635, 565-567 Kemp House, 152-160 City Road, London, EC1V 2NX, United Kingdom, VAT Registration No 174955565. Please contact us with all questions at team@skeingroup.com.
RIGHTS TO USE THE SERVICE
The Service provides a web data analytics platform. The Service may allow you to extract insights about user behaviour and provide recommendations on design and user experience optimisation. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms. Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
Pricing Plans
Niffler Application Services are comprised of three different Pricing Subscription Plans including, a free “Niffler Start” plan, a “Niffler Light” plan and “Niffler PRO” plan and “Niffler Enterprise” plan which can be purchased separately or jointly, each with features and functionality set forth on the Subscription Pricing Page or Proposal document which should be send to the client.
Niffler supports certain legacy pricing plans which remain grandfathered in until the end of their current term or as otherwise terminated. Niffler reserves the right to discontinue supporting legacy pricing plans at any time with prior notice. Niffler may modify its Pricing Page at any time and add new services or pricing plans for additional fees and charges, or amend fees and charges for existing services, at any time and in its sole discretion without prior notice to you.
Free Services
Niffler Free Subscription Plan “Niffler Start” is offered at no charge, but have limited features and functionality, as set forth on the Pricing Page. Plan have a monthly term and automatically renew unless Customer terminates the applicable plan by writing to Niffler’s at support@skeingroup.com, Niffler terminates the Agreement or Customer otherwise purchases a paid plan. Skein may modify the services offered with either free plan at any time in its sole discretion or even discontinue them entirely without prior notice to you.
Paid Services
Skein offers “Niffler Light” subscription plan with a length of term and in the volume tiers set forth on the Pricing Page. In addition, Skein offers “Niffler PRO” and “Niffler Enterprise” plans with custom services. These Plans are all billed in advance of their respective terms and automatically renew at the end of their respective terms for an equivalent term, unless Customer chooses not to renew such plan by writing to Skein at support@skeingroup.com or Skein terminates the Agreement.
Account Cancellation
If you cancel your Plan before the end of your current pre-paid period, you will not be charged again for your Plan beginning with the next billing cycle. If you cancel your Plan, you will lose all access, upon the expiration of your current pre-paid period, to the Niffler Service.
Payment Terms, Refunds, and Upgrade and Downgrade Terms
The fees for your Plan are billed in advance, are non-refundable, and automatically renew on a monthly or annual basis, as specified in your Plan.
If you downgrade your Plan level, your credit card will automatically be charged the new rate beginning with your next billing cycle. Downgrading your Plan may cause the loss of account content, features, or capacity. Skein does not accept any liability for such loss.
If you upgrade your Plan level, your credit card will immediately be charged a pro-rated amount reflecting the increased rate, and you will be charged the full amount of the new rate beginning with your next billing cycle.
Any discounts applied to a previous subscription may not apply to a renewed subscription, including to any automatic renewals.
Fees
We will not charge you a fee to use the basic functionality of the Service. However, you may have to pay a fee to use additional services related to customisation of the Service. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
Fees paid hereunder, including Overage Fees, are non-refundable and shall be billed in Great Britain Pounds (GBP). Except as otherwise set forth in an Order Form, fees due hereunder will be billed to Customer’s credit card and Customer authorizes the card issuer to pay all such amounts and authorizes Niffler (or its billing agent) to charge the credit card account until Customer or Niffler cancels or terminates the Application Services as set forth herein; provided that if payment is not received from the credit card issuer, Customer agrees to pay all amounts due upon demand. Customer must provide current, complete and accurate billing and credit card information. Customer agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which Customer shall be responsible to pay.
Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for payment of all Taxes associated with its purchases hereunder (excluding taxes based on Skein net income or property), and any related penalties and interest. Customer will make all required payments to Niffler free and clear of, and without reduction for, any withholding taxes. Customer will, upon Skein request, provide Skein with official receipts issued by appropriate taxing authorities, or such other evidence as Skein may reasonably request, to establish that such Taxes have been paid.
YOUR ACCOUNT
You are responsible for your login credentials and for any activity resulting from the use of your login credentials or other activity on your account (“Account”) on the Service. Upon launching the App or the Service, you will need to log-in with your Google Analytics account. if you do not already have a Google Analytics account, you will be prompted to create one using your Google account. You may also be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You will ensure that your e-mail address is kept accurate and up-to-date at all times. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your login credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
COMMUNICATIONS
We may communicate with you by email. You agree to receive email from us at the email address you provided to us for customer service-related purposes. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If you believe spam originated from the Service, please email us immediately at support@skeingroup.com.
INTELLECTUAL PROPERTY RIGHTS
All rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software and other files, and their selection and arrangement), except for Your Content, collectively referred to as the “Service Materials”, are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials. You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
COPYRIGHT; PROPRIETARY INFORMATION
The Service, the Site, the Software, the Content and any and all intellectual property rights associated and related to them, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned and/or be licensed to Company and are protected by copyright and other applicable intellectual property rights under the laws of the UK and other laws. Unless expressly permitted in these conditions, you may not copy, distribute, display, publicly perform, make available to the public, disassemble, separate, modify, sublicense to ,commercial use, sell, rent, lend, process, connect, reverse engineer, combine with other software, translate, modify, or create derivative works of intellectual property, yourself or by someone acting on your behalf in any way.
Trademarks. “Skein”, Skein™, “Niffler”, Niffler™, “Niffler marks and logos” and all other proprietary identifiers used by Niffler in connection with the Site and/or Service (“Trademarks of the Company”) are all trademarks and/or trade names of the Company, whether registered or not. All other trademarks, trade names, other distinguishing marks, and other trademarks (including different types of logos ) that may appear in the Service and/or Site belong to their owners (”Trademarks of Third Parties”). Unless otherwise explicitly permitted this Agreement does not hereby grant any right, license or trademarks to the Trademarks of the Company or the Trademarks of Third Parties.
FEEDBACK
We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send to us any comments, suggestions or recommendations regarding the Service (“Feedback“) you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your Feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any Feedback. Also, we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
THIRD-PARTY SERVICES
We use third-party services, such as Google Analytics, to help us provide the Service, but such use does not indicate that we endorse them or are responsible or liable for their actions. In addition, the Service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave the Service. Some of these third-party websites may use Service Materials under license from us. We are not responsible for nor do we endorse these third-party websites or the organizations sponsoring such third-party websites or their products or services, whether or not we are affiliated with such third-party websites. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Service.
To give you the most privacy guarantees and data protection assurance, we have carefully reviewed and vetted our third parties. Our third-party service providers do not have any right to use the information we share with them beyond what is necessary to assist us. We have no control over and are not responsible for the privacy policies and practices of third parties. You have the right to know who these are:
- Cloud Storage: Amazon Web Service (AWS)
- Email Marketing Solutions: MailChimp
- Website Analytics: Google Analytics
TERMINATION
You may terminate your Account at any time and for any reason by sending an email to support@skeingroup.com. The Company may terminate your Account and your access to the Service (or, at the Company’s sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated.
On the other hand Skein may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INTERNATIONAL USE; EXPORT CONTROLS
Software available in connection with the Service and the transmission of applicable data, if any, is subject to United Kingdom export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of UK export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
USER DISPUTES
You are solely responsible for your interaction with other parties that you come in contact with through the Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other parties.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party web sites or services that are not owned or controlled by Skein. Skein has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Skein shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
DATA PROTECTION OFFICER
You can contact our Data protection officer via email data@skeingroup.com or phone +44 (20) 3239 3323.