Parabola

Parabola Labs, Inc.

Beta Agreement

The services available at parabola.io (and our mobile application) ("Service") are owned or operated by Parabola Labs, Inc. ("Company") may be accessed only by you and only if you fully comply with the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW). BY ACCESSING ANY PART OF THE SERVICES, YOU (AND, IF APPLICABLE) THE COMPANY YOU REPRESENT ("YOU" OR "YOUR") AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS HEREUNDER, THEN YOU MAY NOT ACCESS THE SERVICES. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

License. Subject to Your full compliance with all the terms and conditions of this Agreement, Company grants You a nontransferable, nonsublicensable, nonexclusive license to use the Services solely for the purposes for which the Service is provided, and only in accordance with the documentation and instructions (if any) provided by Company. To the extent the Services include any downloadable software (such as a mobile client), the foregoing license will be only with respect to object code version of such software. Company is not obligated to provide technical support or maintenance for the Service.

Restrictions: Ownership. You shall not, nor permit anyone else to, directly or indirectly: (i) copy, modify, or distribute the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) use the Service to develop any other product or service. You shall maintain and not remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. Any developments or modifications (including all related intellectual and proprietary rights) made during the term of this Agreement by Company or You, either independently or at Company’s direction, in any way relating to the Service, whether or not influenced or suggested by You, are the sole property of Company. Company may automatically receive and store certain types of information related to Your use of the Service (including, without limitation, configuration data). Any such information is the sole property of Company. In addition, if You provide Company with feedback relating to the Service (including, without limitation, feedback related to usability, performance, interactivity, bug reports and test results) ("Feedback"), Company shall own all right, title and interested in and to such Feedback. You hereby make all assignments necessary to effect the foregoing ownership. You understand that Company or its licensors may modify or discontinue offering the Service at any time. For clarity, all restrictions contained herein will apply to any software that is provided. This Agreement does not give You any rights not expressly and unambiguously granted herein.

Google Privacy: Parabola receives data from your Google Drive/Sheets or Google Analytics account through the secure permission process built in to Google products. Individual users can authorize Parabola to connect with a Google Drive/Sheets or Google Analytics account, from which point Parabola is able to view your Google Drive/Sheets & Google Analytics data (for Parabola imports) and edit your Google Drive/Sheets data (for Parabola exports). Apart from caching specific options or selections for Parabola objects (like column names), Parabola never stores or collects any of your Google data. When you run a flow, the necessary Google APIs are called to directly access your data from Google. You can revoke Parabola’s access to your Google data through your Google account here: https://myaccount.google.com/u/1/permissions.  Parabola is committed to following Google’s best-practices for interacting with your data.

Confidentiality. You acknowledge that, in the course of using and accessing the Service and performing your duties under this Agreement, You may obtain or develop information relating to the Service and/or to Company ("Confidential Information"), including, but not limited to the Service, code, technology, algorithms, schematics, testing procedures, user interface, documentation, problem reports, analysis and performance information, inventions (whether patentable or not), and other technical, business, product, marketing, financial and customer information, plans and data. During and after the term of this Agreement, You shall hold in confidence and protect, and shall not use (except as expressly authorized by this Agreement) or disclose, Confidential Information, unless such Confidential Information becomes part of the public domain without breach of this Agreement by You. You shall not, without the prior written consent of Company, disclose or otherwise make available the Service, documentation or other supporting materials, including any information relating to the performance or operation of the Service (including any testing results, opinions, benchmarking or other evaluation conclusions), or copies thereof to any third party. You acknowledge and agree that due to the unique nature of Company’s Confidential Information, there can be no adequate remedy at law for any breach of Your obligations hereunder, that any such breach may allow You or third parties to unfairly compete with Company resulting in irreparable harm to Company, and therefore, that upon any such breach or threat thereof, Company shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law. For clarity, Feedback constitutes Confidential Information.

Warranty Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SERVICE IS CURRENTLY BETA IN NATURE AND THAT THE SERVICE IS PROVIDED "AS IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, COMPANY DOES NOT WARRANT RESULTS OF USE OR THAT THE SERVICE IS BUG FREE OR ERROR FREE OR THAT ITS USE WILL BE UNINTERRUPTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) OR (II) FOR ANY MATTER BEYOND ITS REASONABLE CONTROL. COMPANY’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO COMPANY (IF ANY) OR $100 (U.S.), WHICHEVER IS GREATER, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW, IN WHICH CASE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. ALL THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Termination. This Agreement may be terminated by either party for any reason or no reason at any time upon notice (or if Company deactivates Your account). For clarity upon such date of termination, the Service will automatically be disabled and no longer usable by You. Upon termination, the license granted hereunder shall terminate and You shall immediately delete any and all documents, notes and other materials associated with the Service, including, without limitation, all Confidential Information and all copies and extracts of the foregoing. Sections which by their nature should survive termination shall survive (including, without limitation, all obligations with respect to confidentiality, all limitation on liability, all warranty disclaims and all license restrictions).

Miscellaneous. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind Company in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California. Notwithstanding the foregoing sentence, (but without limiting Company’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with the Judicial Arbitration and Mediation Services, Inc. ("JAMS"). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of (and administered by) JAMS. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement and, except as otherwise provided herein, that all modifications must be in writing.

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