Website Terms of Use

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These Website Terms of Use (“these Terms”) are the terms and conditions on which PBIS makes the website at powerbisentinel.com (“Website”) available to you for use. Please read these terms carefully before you browse the Website. Your attention is particularly drawn to clause 8 below, where we limit our liability in respect of your use of this Website.

These Terms cover the use and access by you of all of our websites, the web pages published on them and all of the content made available to you. Please note that these are not terms and conditions for professional services offered by PBIS. Additional terms and conditions will apply to those.  If you access and/or use the secured parts of this Website which require you to login  (including any of its subdomains), the Acceptable Use Policy which appears in the Annex applies in addition to these Terms.

This Website and its subdomains are operated by Power BI Sentinel UK Ltd, formed in England with registered company number 14575568, with registered address of Quantum House, Hadley Park East, Telford TF1 6QJ, United Kingdom (“PBIS”). You are able to contact us by email at help@powerbisentinel.com.

1          Use of the Website

1.1       By using this Website you agree to be legally bound by these terms and conditions. If you do not agree to use this Website in accordance with these terms, please do not use it.

1.2       We take data security and protection of your personal data seriously. For more information, please refer to the Privacy Policy at https://www.powerbisentinel.com/privacy-policy/ and Cookie Policy at https://www.powerbisentinel.com/cookie-policy/ for information we collect and use as a result of your use of this Website.

2          Changes

2.1       We reserve the right to:

a.   update and change the Website at any time for any reason;

b.   change these Terms from time to time as we see fit and your continued use of the Website constitutes your acceptance of any change to these Terms;

c.   cease publishing any or take offline any or all parts of the Website at any time, without notice to you; and

d.   interrupt the operation of the Website, or any part of the Website as we see fit to perform routine or non-routine maintenance, error correction and/or any other purpose whatsoever.

3          Website Materials

3.1       The Website contains materials which we believe are useful, come from reliable sources and third parties, and/or are produced by us (“Website Materials”).

3.2       We make no representation and give no warranty, whether express or implied, that Website Material is accurate, complete or up to date.

3.3       Website Materials are provided on an "as is" basis. Website Materials are not intended to amount to advice on which you should rely. You must obtain professional and specialist advice before taking or refraining from any action in connection with Website Materials.

3.4       You accept as a condition of your use of the Website that you will not make any claim against us or seek to be indemnified by us for any loss, damage, expenses or other consequences that may arise or be connected with your conduct.

3.5       You will not take any action, make any commitment, or provide any undertaking based on Website Materials or part of them and/or in respect of any loss, damage, expense or other consequences which could have been avoided by you.

4          Use of Website

4.1       You agree not to use the Website for any commercial or business purposes other than where expressly permitted in writing by us.

4.2       You agree that you will not take any action which initiates and/or imposes an unreasonable or disproportionate load on the infrastructure of the Website, systems or networks, or any systems or networks connected to the Website.

4.3       You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmission you cause to be sent to the Website. You may not pretend that you are, or that you represent someone else or impersonate any other individual or entity.

4.4       By using the Website you agree that you:

a.   will use the Website in a manner consistent with all applicable laws and regulations which may apply to you in respect of a website in the United Kingdom and the country from which you access it;

b.   are responsible for the security and proper use of all your user names and passwords used in connection with the Website and will take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to any other person;

c.   are responsible for all activities that occur under your password and account;

d.   will inform us immediately if there is any reason to believe that your username or password has, or is likely to, become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way at help@PowerBISentinel.com;

e.   will adhere to any security policies we publish and provide any details reasonably requested to maintain the security of the Website; and

f.    must not attempt to gain unauthorised access to the Website, the servers on which the Website is operates, or any server, computer, database used by the Website and/or interfere with the proper operation of the Website and related services, such as email communications.

4.5       We may establish general practices and limits concerning use of the Website, including without limitation the maximum number pages or bandwidth you may access within any particular period of time, or deny you access to the Website for security reasons without notice.

4.6       We may report any breach to relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

5          Linking and Framing

5.1       You may link to the Website from a property that you own, provided that you do so in a manner which is fair and legal, and does not:

a.   damage the reputation of PBIS;

b.   suggest an endorsement, business connection, form of association or approval where to do so would be misleading and/or unlawful.

5.2       You will remove links to the Website upon request.

5.3       You may not use any software or device to crawl and/or copy the content of the Website.

5.4       You will not frame the Website, and otherwise not hold out the Website in a manner which would mislead or tend to mislead any person as to the source of the Website.

6          Intellectual Property Rights

6.1       PBIS and its third party licensors retain all intellectual property rights in Website Materials. You will not use the Website or Website Materials for any purpose other than those expressly stated in these Terms.

6.2       You may print and download electronic copies of Website Materials for your own personal use and refer Website Materials to persons within your company for the purposes for acquiring services made available on the Website.

6.3       You will not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any Website Materials without the consent of PBIS, given in writing.

6.4       You will not remove, alter, cover or obfuscate any copyright notices, trademark notices, watermarks, disclaimers, warnings or other notices placed on or embedded on materials published on the Website.

6.5       You are not permitted to use the trade marks and trade names of PBIS or its group of companies, which include “Purple Frog” and “Power BI Sentinel”.

6.6       Power BI® is the property of Microsoft Corporation.  These Terms do not imply any affiliation, sponsorship, endorsement, or approval by Microsoft Corporation of our services. If you wish to use that trade mark, it is your responsibility to obtain a licence from Microsoft.

6.7       You must not use any part of the content on the Website for commercial purposes without obtaining written permission from us and/or the licensors of PBIS to do so.

7          Third Party Content

7.1       The contents of other websites to which we link from the Website are not approved or endorsed by us. The references are intended to be useful to you, however we do not control the content on those websites.

7.2       You are solely responsible for evaluating the suitability of any information for your circumstances at other website. We will not be party to or in any way responsible for any transactions between you and third parties. You should verify the suitability of such content for your purposes with a suitably skilled and experienced person.

7.3       The links to other websites may result in cookies being sent to your computer or solicit personal information. Please check the privacy policy of the external site.

7.4       Where parts of the Website contain advertising and other material made by third parties please note that those providers are responsible for ensuring that material submitted for inclusion on the Website complies with all legal requirements. We do not accept liability in respect of any such materials.

8          Liability

8.1       We do not warrant that the Website will be error-free or uninterrupted, or that any defects or errors will be corrected.

8.2       We do not exclude or limit in any way the liability of PBIS to you where it would be unlawful to do so. This includes liability for death or personal injury caused by the negligence or the negligence of PBIS’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Nothing in these Terms affects your statutory rights which cannot be excluded by law.

8.3       We exclude all implied conditions, warranties, statements, representations or other terms which may apply to the Website and/or Website Materials. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (1) use or inability to use this Website and/or Website Materials; and/or (2) use of or reliance on any content displayed and/or available through the Website.

8.4       We will not be liable for any loss of profit, sales, business or revenue; business interruption; loss of anticipated savings; wasted expenditure; corruption of data; loss of opportunity; goodwill or reputation or any indirect or consequential loss or damage. We will not be liable for any loss or damage caused by a virus, denial-of-service attack, and/or technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material arising from or connected with your use of the Website, Website Materials or any website to which Website Materials may link.

9          Indemnities

9.1       You will indemnify us against all losses, liabilities, costs and expenses suffered or incurred by us, all claims made against us, together with any judgment or settlement sums paid by us as a result of any settlement agreed by us arising from or connected with:

a.   damage caused to the Website which may be caused by you or result from a breach of these Terms and/or your negligence;

b.   use of Website Materials by you; and/or

c.   any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with your use of the Website.

10       General

10.1    These Terms supersede all prior agreements, arrangements and understandings between us and constitutes the entire agreement between us relating to its subject matter. We do not  seek to exclude liability for any fraudulent pre-contractual misrepresentation upon which you can show you have relied.

10.2    You confirm that these Terms contain all matter upon which you have relied to use the Website and Website Materials and you have not relied on any matter not contained in these Terms.

10.3    No forbearance, delay or indulgence by us in enforcing the provisions of these Terms shall prejudice or restrict our rights nor shall any waiver of our rights operate as a waiver of any subsequent breach and no right, power or remedy set out in these Terms conferred upon or reserved for us is exclusive of any other right, power or remedy available to us and each such right, power or remedy shall be cumulative.

10.4    Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.

10.5    The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

10.6    These Terms and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and the parties hereby irrevocably submit to the jurisdiction of English Courts.

 

Annex to Website Terms of Use

Acceptable Use Policy

1          Use of the Website

1.1       By using the secured parts of the Website and/or the subdomains of the Website (“the Secured Websites”), you agree to be legally bound by this Policy. If you do not agree to use the Secured Websites in accordance with these terms, you must not use them.

1.2       You derive your permission to access and use the Services by a contract between PBIS and one of (1) your employer, or (2) a person which engages you to supply services to it for the benefit of a client of PBIS (in either case, “our Client”). If your employer or the person which engages you is not entitled to access the Secured Websites or use the Services, you to do have the authority of PBIS to access the Services, and you may not use the Secured Websites or the Services.

2          Website Materials

2.1       Website Materials include without limitation, data, compilations of data, compiled documents, reports, and information made available using the Services, whether it is made, created or compiled by PBIS, supplied to PBIS by a third party, a person which has the authority to give you permission to access use the Services, and/or that which you access, download and/or upload to the Secured Websites.

2.2       Website Materials are the Confidential Information of one or more of (1) PBIS, (2) our Client, (3) a supplier and/or customer of our Client, (4) the person which has authorised you to access the Secured Websites, and/or (5) a third party licensor of any of the foregoing. All Website Materials are also protected by Intellectual Property Rights.

3          Access to the Secured Websites and Services

3.1       You warrant that you are duly authorised to view, upload and download materials from the Secured Websites for the purposes which the Services are made available to our Client, and shall not use the Services for any other purpose.

3.2       By accessing the Secured Websites and Services you agree that you:

a.   shall use the Services as authorised by this Policy and the Website Terms of Use;

b.   shall use the Services in a professional, ethical and business-like manner, and not further or otherwise;

c.   shall not attempt to gain unauthorised access to or interfere with the operation of the Secured Websites, the Services and/or the infrastructure upon which the Services rely to operate;

d.   shall cooperate with PBIS to keep the Secured Websites and the Services secure;

e.   shall adhere to security directives and security practices PBIS may notify to you in writing from time to time in respect of accessing the Secured Websites and/or using the Services; and

f.    shall provide any details reasonably requested by PBIS to maintain the security of the Secured Websites and the Services.

3.3       You must ensure that Website Materials uploaded by you or otherwise caused to be uploaded by you and/or with third parties:

a.   are properly licensed for inclusion and use on the Secured Websites and as part of the Services;

b.   you grant to PBIS a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute the content uploaded for the purposes of making it available on the Secured Websites for the purpose of furthering the Services for the benefit of our Client for the duration of our legal relationship with our Client;

c.   are true, accurate, current, complete and not misleading; and

d.   do not infringe the Intellectual Property Rights of any person.

3.4       PBIS reserves the right, in its sole discretion, to deny you access to the Secured Websites in the event of a suspected security threat caused by or associated your login details, and/or such other security threat by which your account may be compromised or effected.

4          Subscriptions of Clients

4.1       You will not interfere with or otherwise inhibit howsoever our Client or any of its associated companies from receiving the full benefit of the relevant Power BI subscription and shall not cause our Client or any of its associated companies to be in breach of:

a.    the Power BI API Terms, for the time being published at powerbi.microsoft.com/en-us/api-terms/;

b.   any relevant Microsoft Online Subscription Agreement or equivalent or replacement agreement in force between our Client and Microsoft, and/or

c.   any other relevant agreement in force between our Client and Microsoft directly or indirectly connected with the proper supply of the Services by PBIS to our Client,

each as may be updated by Microsoft from time to time.

5          Warranties

5.1       You will not and will not attempt to:

a.   disseminate Malware to the Secured Websites or the Services;

b.   probe, scan or test for vulnerabilities of the Secured Websites without the  permission of PBIS given in writing;

c.   circumvent any authentication or security systems or processes on or relating to the Secured Websites;

d.   use login details which have not been assigned to you personally;

e.   impose an unreasonable load on the Website resources or resources of the Secured Websites (including bandwidth, storage capacity and processing capacity) by your own activity and/or in conjunction with any other person;

f.    cause a security breach to any network resources;

g.   conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction and data harvesting, save as authorised by our Client, as agreed with PBIS in advance in writing;

h.   use the Services other than by means of a Supported Browser;

i.    use data collected from the Services for any marketing activity; or

j.    hack or otherwise tamper with the Secured Websites or the Services.

6          Confidential Information

6.1       You agree to hold Confidential Information in confidence, treat the same as confidential, and not to disclose it to any third party, other than in accordance with this Policy. You agree to use a degree of care to preserve the secrecy and confidentiality of Confidential Information which is no less than a reasonable standard of care having regard for best practices of information security in the IT industry, and if higher, the same standard of care which our Client uses to protect its own confidential information.

7          Export Controls

7.1       You shall not export, directly or indirectly, any technical data acquired through PBIS under this Agreement and/or make the Services available in contravention of any applicable laws or regulations in force in the UK, United States and/or European Union to any person or country:

a.   in respect of which the government or any agency thereof at the time of export requires an export licence or other governmental approval without first obtaining such licence or approval; and/or

b.   which is referred to in UK Sanctions List, or equivalent in the United States and European Union; and/or

c.   which is subject to trade sanctions, financial sanctions, arms embargoes and/or any other relevant sanction or prohibition.

8          Resources

8.1       In the event the bandwidth or disk space usage of in respect of your login account presents a risk to the stability, performance or up time of our servers, data storage, networking or other infrastructure, you may be required to cease all activity, and PBIS may take action to restrict the resources you may use and/or end your permission to use the Secured Websites and/or the Services.

8.2       Proxy services and VPNs are often used to hide users’ true IP address and/or location. This presents PBIS with a number of legal and security issues. Accessing our services with proxy services is expressly prohibited. Where PBIS finds proxy services or VPNs have been used to login to the Secured Websites or to disguise your location, PBIS reserves the right to terminate your account and services used in this manner without notice and report the matter to our Client and/or the Information Commissioner.

9          Definitions

9.1       Unless the context necessarily requires, the terms above shall have the following meanings:

Confidential Information means any information, data, material or document (a) made available to you by accessing and/or using the Services, (b) disclosed to you by or on behalf of PBIS, our Client, and/or any supplier or customer of our Client, where at the time of disclosure was marked as "confidential”, “sensitive” or in similar terms and/or (c) should have been reasonably understood by you to be confidential;

Intellectual Property Rights means all intellectual property rights of any sort whatsoever, including patents, trade marks, service marks, trade names, design rights, copyright, confidential information, rights in know-how, design rights and database related rights, in each case whether registered or unregistered and including applications for the grant of any of the foregoing and all rights or forms of protection having equivalent or similar effect to any of the foregoing which shall subsist anywhere in the world

Malware means malicious code, including without limitation viruses, worms, trojan horses, email bombs, spyware, adware, and keyloggers, socially engineered or otherwise howsoever

Supported Browser means a browser for a computer within the meaning of support.google.com/mail/answer/6557, with JavaScript and cookies enabled.

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