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TERMS OF SERVICE

Last Updated: Aug 29, 2022




THE GIST


We (the team at Yavda) are on a mission to use technology for improving
efficiency and experience. We hope you love our products and services — from
data analytics services to technology solutions to the next great idea that we
haven’t even thought of yet — as much as we love creating them. These Terms of
Service (“Terms”) describe our commitments to you, and your rights and
responsibilities when using our services. Please read them carefully and reach
out to us if you have any questions. If you don’t agree to these Terms, don’t
use our services.

If you are a user in countries located in the European Economic Area,
Switzerland, or the United Kingdom (“European User”), some special terms apply
to you as mentioned below.



TERMS OF SERVICE


These Terms govern your access to and use of the products and services we
provide through or for PBIVizEdit.com and Yavda Analytics services
(collectively, “Services”). Please note that both our products and services are
intended for commercial use and you acknowledge that your use is that of a
representative of a business (as defined by applicable law) and not that of a
consumer.

Please read these Terms carefully before accessing or using our Services. By
accessing or using any part of our Services, you agree to be bound by all of the
Terms and all other operating rules, policies, and procedures that we may
publish via the Services from time to time (collectively, the “Agreement”). You
also agree that we may automatically change, update, or add on to our Services
as stated in the Terms, and the Agreement will apply to any changes.


1. Who’s Who



“You” means any individual or entity using our Services. If you use our Services
on behalf of another person or entity, you represent and warrant that you’re
authorized to accept the Agreement on that person’s or entity’s behalf, that by
using our Services you're accepting the Agreement on behalf of that person or
entity, and that if you, or that person or entity, violates the Agreement, you
and that person or entity agree to be responsible to us.

We refer to Yavda Analytics Private Limited as “Yavda” “us,” or “we” throughout
these Terms.


2. Your Account



When using our Services requires an account, you agree to provide us with
complete and accurate information and to keep the information current so that we
can communicate with you about your account. We may need to send you emails
about notable updates (like changes to our Terms of Service or Privacy Policy),
or to let you know about legal inquiries or complaints we receive about the ways
you use our Services so you can make informed choices in response. We may limit
your access to our Services until we’re able to verify your account information,
like your email address. When you create a pbivizedit.com account, we consider
that to be an inquiry about our products and services, which means that we may
also contact you to share more details about what we have to offer (i.e.,
marketing). Don’t worry — if you aren’t interested, you can opt out of the
marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re
also fully responsible for maintaining the security of your account (which
includes keeping your password secure). We’re not liable for any acts or
omissions by you, including any damages of any kind incurred as a result of your
acts or omissions. Don’t share or misuse your access credentials. And notify us
immediately of any unauthorized uses of your account, store, or website, or of
any other breach of security. If we believe your account has been compromised,
we may suspend or disable it. If you'd like to learn about how we handle the
data you provide us, please see our Privacy Policy.


3. Minimum Age Requirements



Our Services are not directed to children. You’re not allowed to access or use
our Services if you’re under the age of 13 (or 16 in Europe). If you register as
a user or otherwise use our Services, you represent that you’re at least 13 (or
16 in Europe). You may use our Services only if you can legally form a binding
contract with us. In other words, if you’re under 18 years of age (or the legal
age of majority where you live), you can only use our Services under the
supervision of a parent or legal guardian who agrees to the Agreement.


4. Responsibility of Visitors and Users



We haven’t reviewed, and can’t review, all of the content (like data, charts,
and other materials) posted to or made available through our Services by users
or anyone else (“Content”). So, for example:

 * We don’t have any control over custom visuals created by you using our Editor
   on our website.
 * A link to or from one of our Services does not represent or imply that we
   endorse any third-party website.
 * Any custom visuals that are shared between users is the sole responsibility
   of the users involved


5. Fees, Payment, and Renewal



a. Yavda Fees



Fees for Paid Services- Some of our Services are offered for a fee, like certain
pbivizedit.com plans or Yavda Analytics Services (collectively, “Paid
Services”). This section applies to any purchases of Paid Services.

By using a Paid Service, you agree to pay the specified fees. Depending on the
Paid Service, there may be one-time fees or recurring fees. For recurring fees
(AKA subscriptions), your subscription begins on your purchase date, and we’ll
bill or charge you in the automatically-renewing interval (such as monthly,
annually, or biennially) you select, on a pre-pay basis until you cancel, which
you can do at any time by contacting the relevant support team.



Taxes- To the extent permitted by law, or unless explicitly stated otherwise,
all fees do not include applicable federal, provincial, state, local or other
governmental sales, value-added, goods and services, harmonized or other taxes,
fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes
relating to your use of our Services, your payments, or your purchases. If we’re
obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re
responsible for those Taxes, and we may collect payment from you.



Payment- You must provide accurate and up-to-date payment information. By
providing your payment information, you authorize us to store it until you
request deletion. If your payment fails, we suspect fraud, or Paid Services are
otherwise not paid for or paid for on time (for example, if you contact your
bank or credit card company to decline or reverse the charge of fees for Paid
Services), we may immediately cancel or revoke your access to Paid Services
without notice to you. You authorize us to charge any updated payment
information provided by your bank or payment service provider (e.g., new
expiration date) or other payment methods provided if we can't charge your
primary payment method.



Automatic Renewal- By enrolling in a subscription, you authorize us to
automatically charge the then-applicable fees and Taxes for each subsequent
subscription period until the subscription is cancelled. If you received a
discount, used a coupon code, or subscribed during a free trial or promotion,
your subscription will automatically renew for the full price of the
subscription at the end of the discount period. This means that unless you
cancel a subscription, it'll automatically renew and we'll charge your payment
method(s). You must cancel at least one month before the scheduled end date of
any annual subscription and at least 24 hours before the end of any shorter
subscription period. The date for the automatic renewal is based on the date of
the original purchase and cannot be changed. If you’ve purchased access to
multiple services, you may have multiple renewal dates.

You can get information on your renewal date(s), cancel, or manage subscriptions
by contacting the support team.



Fees and Changes- We may change our fees at any time in accordance with these
Terms and requirements under applicable law. This means that we may change our
fees going forward, start charging fees for Services that were previously free,
or remove or update features or functionality that were previously included in
the fees. If you don’t agree with the changes, you must cancel your Paid
Service.



Excess Use- Excess Use of the Software by Customer may accrue interest at the
lower rate of 1.5% per month or the maximum rate permitted by law. In addition,
if Excess Use continues for more than 30 days, we may suspend Support and/or
revoke the license to our Services and Software until the amount is paid in
full.



Refunds- We may have a refund policy for some of our Paid Services, and we’ll
also provide refunds if required by law. In all other cases, there are no
refunds and all payments are final.

European Users: You have the right to withdraw from the transaction within
fourteen (14) days from the date of the purchase without giving any reason as
long as your purchase was not of a customized nature, the service has not been
fully performed, or subject to other limitations as permitted by law. For
digital content, you agree that any purchase of digital content will be made
available to you immediately and as a result you waive any right of withdrawal
to such content.

If you cancel this contract, we will reimburse you all payments we have received
from you, including delivery costs (with the exception of additional costs
resulting from the fact that you have chosen a type of delivery other than the
most favorable standard delivery offered by us), without undue delay and no
later than within fourteen days from the day on which we received the
notification of your cancellation of this contract. For this repayment, we will
use the same means of payment that you used for the original transaction, unless
expressly agreed otherwise with you; you will not be charged for this repayment.
If you have requested that we begin our services during the withdrawal period,
you will pay us a reasonable amount corresponding to the services already
provided up to the time you notify us of the exercise of the withdrawal right
compared to the total scope of the services provided for in the contract. If you
cancel your contract with us, you will refrain from using the digital content or
digital services or making them available to third parties.

You may exercise your right to withdrawal by sending a clear, written request
to: PBIVizEdit support


6. Feedback

We love hearing from you and are always looking to improve our Services. When
you share comments, ideas, or feedback with us, you agree that we're free to use
them without any restriction or compensation to you.


7. General Representation and Warranty

Our mission is to improve efficiency and experience through technology, and our
Services are designed to give you control over your data. You represent and
warrant that your use of our Services:

 * Will be in strict accordance with the Agreement;
 * Will comply with all applicable laws and regulations (including, without
   limitation, all applicable laws regarding online conduct and acceptable
   content, privacy, data protection, the transmission of technical data
   exported from the country in which you reside, the use or provision of
   financial services,);
 * Will not be for any unlawful purposes, to publish illegal content, or in
   furtherance of illegal activities;
 * Will not infringe or misappropriate the intellectual property rights of Yavda
   or any third party;
 * Will not overburden or interfere with our systems or impose an unreasonable
   or disproportionately large load on our infrastructure, as determined by us
   in our sole discretion;
 * Will not involve reverse engineering, decompiling, disassembling,
   deciphering, or otherwise attempting to derive the source code for the
   Services or any related technology that is not open source; and
 * Will not involve renting, leasing, loaning, selling, or reselling the
   Services or related data without our consent.


8. Specific Service Terms



pbivizedit.com Website, custom visuals and Accounts- pbivizedit.com enables you
to create beautiful and insightful custom visuals, and we would love for you to
use it. A pbivizedit.com account allows you to sign into our PBIVizEdit
Services. pbivizedit.com’s custom visuals are free for Power BI Desktop use, and
we offer paid plans that add additional environments like Power BI Pro, Power BI
Premium, Power BI Embedded, Power BI Report Server and Power BI Web in addition
to ability for customizing a visual. If you choose our editor to create custom
visuals, you would be required to upload sample data or actual data as per your
choice. We don't own your data, and you retain all ownership rights you have in
the data you upload on our website. Even though we securely store any data
upload by you, we recommend using sample, non-confidential data for the purpose
of creating these custom visuals on our Editor. Our custom visuals are bound by
constraints and limitations that Microsoft imposes on our custom visuals either
directly or indirectly. We are forced to operate within the guidelines and
restrictions imposed by Microsoft, and for that reason, if Microsoft decides to
remove, delete or make obscure a feature or property, our custom visuals will
follow suit. By using our custom visual, you understand and accept this
limitation in our products and services.



Free Services and Trial period- For any Free Services provided by us, or for
Services that are in a trial phase, you understand that the Services are
available as-is without any warranty or support. We may at our discretion extend
support or assistance during this trial period (or for Free services as
applicable), but we are under no obligation to do so. You further acknowledge
and accept that, if for any reason, the free service or trial is terminated by
either party (you or us), you will immediately stop these Services and Software
and remove all copies from your systems (including PCs, servers, and any
electronic devices).



Audit Rights- We may audit your usage of the Services in order to verify that
the usage is in compliance with the terms of this Agreement, and you agree to
cooperate with such audit. You agree to immediately pay any fees applicable to
your usage in excess of the number of licenses purchased under the agreement
(Excess Use), beginning from the date of initial license or subscription
purchase. In the event of Excess Use, you are responsible for any costs and
expenses associated with the audit.



pbivizedit.com as a plugin to a Third Party Service- Our services are a plug-in
to the Power BI service provided by Microsoft Corporation. The use of our
Services requires that you have an active license for Power BI which you must
purchase separately (Third Party Service). You understand that our Services are
an add-on software developed using the Third Party Service’s Software
Development Kit (SDK), and follows the Third Party Service protocols
(https://docs.microsoft.com/enus/power-bi/developer/visuals/power-bi-custom-visuals).


Open Source Software Licenses- Our Services use open source software components
listed in open source attribution You acknowledge and agree that it is also
subject to the license terms of each such component.



Reseller terms- If you are purchasing on behalf of another entity with
authorization from the said entity, you must use that entity’s details during
the purchase and have the license issued to said entity. This will allow the
final buyer to avail support from us. Instead, if you provide your organization
details during the purchase the sale will be in your name and we cannot
guarantee transfer of licenses for the duration of the purchase. However, you
can make any necessary changes during the subsequent annual renewal of the
licenses by giving at least 30 days and no more than 60 days written notice to
us to make that change.


Use in Microsoft Appsource- Publishing our custom visuals or custom visuals that
were generated using our editor, to the Microsoft Appsource
(appsource.microsoft.com) is not permitted, unless approved by us in writing.



Use in public websites or materials- You can purchase appropriate license to use
our custom visuals (Services) on publicly available media and channels,
including but not limited to websites on the internet, your own corporate
website that are not restricted to your own employees, Power BI dashboards and
.pbix files published to the web or shared with parties external to your
organization (governed by our reseller terms above). Sharing our Services on
public media without the appropriate paid license is a violation our Terms of
Service.



Compatibility, access, updates, and support- When you purchase Paid Services for
pbivizedit.com, you’ll receive access to any necessary downloads along with
updates and support for those Paid Services for a period of one year, starting
on the date of your purchase. Once your year is up, you’ll need to renew your
subscription if you’d like continued access to updates or support, or if you
need to download any files again. Please see our Support Policy for more
information.


9. Copyright Policy



As we ask others to respect our intellectual property rights, we respect the
intellectual property rights of others. If you believe any of our materials,
content or media violates your copyright, please send us a notice.


10. Intellectual Property



The Agreement doesn’t transfer any Yavda or third-party intellectual property to
you, and all right, title, and interest in and to such property remains (as
between Yavda and you) solely with Yavda. Yavda, pbivizedit.com, and all other
trademarks, service marks, graphics, and logos used in connection with our
websites or Services are trademarks or registered trademarks of Yavda (or
Yavda’s licensors). Other trademarks, service marks, graphics, and logos used in
connection with our Services may be the trademarks of other third parties. Using
our Services doesn’t grant you any right or license to reproduce or otherwise
use any Yavda or third-party trademarks.


11. Third-Party Services



While using the Services, you may enable, use, or purchase services, products,
software, embeds, provided or manufactured by a third party or yourself
(“Third-Party Services”).

If you use any Third-Party Services, you understand that:

 * Third-Party Services aren’t vetted, endorsed, or controlled by Yavda.
 * Any use of a Third-Party Service is at your own risk, and we won’t be
   responsible or liable to anyone for Third-Party Services.
 * Your use is solely between you and the respective third party (“Third Party”)
   and is governed by the Third Party’s terms and policies.


12. Changes



We may modify the Terms from time to time, for example, to reflect changes to
our Services (e.g., adding new features or benefits to our Services or retiring
certain features of certain Services) or for legal, regulatory, or security
reasons. If we do this, we’ll provide notice of the changes, such as by posting
the amended Terms and updating the “Last Updated” date or, if the changes, in
our sole discretion, are material, we may notify you through our Services or
other communications. Any changes will apply on a going-forward basis, and,
unless we say otherwise, the amended Terms will be effective immediately. By
continuing to use our Services after we’ve notified you, you agree to be bound
by the new Terms. You have the right to object to any changes at any time by
ceasing your use of our Services and may cancel any subscription you have.


13. Termination



We may terminate your access to all or any part of our Services at any time,
with or without cause or notice, effective immediately, including if we believe,
in our sole discretion, that you have violated this Agreement, any service
guidelines, or other applicable terms. We have the right (though not the
obligation) to

     (i) reclaim your username due to prolonged inactivity,

     (ii) refuse or remove any content that, in our reasonable opinion, violates
any part of this Agreement or any Yavda policy, or is in any way harmful or
objectionable,

     (iii) ask you to make adjustments, restrict the resources your account
uses, or terminate your access to the Services, if we believe your usage burdens
our systems (which is rare and typically only occurs when an account is wilfully
using an automated script to overburden our resources), or

     (iv) terminate or deny access to and use of any of our Services to any
individual or entity for any reason. We will have no obligation to provide a
refund of any fees previously paid.


You can stop using our Services at any time, or, if you use a Paid Service, you
can cancel at any time, subject to the Fees, Payment, and Renewal section of
these Terms.


14. Disclaimers



Our Services are provided “as is.” Yavda and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, to the maximum extent
allowed by applicable law, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither
Yavda, nor its suppliers and licensors, makes any warranty that our Services
will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services
through, our Services at your own discretion and risk.


15. Jurisdiction and Applicable Law



Except to the extent any applicable law provides otherwise, the Agreement and
any access to or use of our Services will be governed by the laws of the state
of California, U.S.A., excluding its conflict of law provisions and the
application of the United Nations Convention of Contracts for the International
Sale of Goods, and the proper venue for any disputes arising out of or relating
to the Agreement and any access to or use of our Services will be the state and
federal courts located in San Francisco County, California, U.S.A. Nothing in
this Agreement affects your rights as a consumer to rely on mandatory provisions
in your country of residence.


16. Limitation of Liability



In no event will Yavda, or its suppliers, partners, or licensors, be liable
(including for any third-party products or services purchased or used through
our Services) with respect to any subject matter of the Agreement under any
contract, negligence, strict liability or other legal or equitable theory for:

     (i) any special, incidental or consequential damages;
     (ii) the cost of procurement for substitute products or services;
     (iii) for interruption of use or loss or corruption of data; or
     (iv) for any amounts that exceed $50 or the fees paid by you to Yavda under
the Agreement during the twelve (12) month period prior to the cause of action,
whichever is greater.


Yavda shall have no liability for any failure or delay due to matters beyond its
reasonable control. The foregoing shall not apply to the extent prohibited by
applicable law.


     European Users: If we cause damage to you and you are a consumer in Europe,
we limit our liability to the maximum amount permissible in your country of
residence. Liability will be limited to foreseeable damages arising due to a
breach of material contractual obligations typical for this type of contract.
Yavda isn’t liable for damages that result from a non-material breach of any
other applicable duty of care. This limitation of liability will not apply to
any statutory liability that cannot be limited, to liability for death or
personal injury caused by our negligence, liability caused by our wilful
misconduct or gross negligence, or our responsibility for something we have
specifically promised to you. You and we agree that we and our affiliates’ total
liability is limited to the greater of $50 or the amount paid by you to use our
Services during the 12 months preceding the claim; To the extent that our
liability is limited or excluded, the limitations or exclusions will also apply
to the personal liability of our employees, legal representatives, and vicarious
agents.


17. Indemnification

You agree to indemnify and hold harmless Yavda, its contractors, and its
licensors, and their respective directors, officers, employees, and agents from
and against any and all losses, liabilities, demands, damages, costs, claims,
and expenses, including attorneys’ fees, arising out of or related to your use
of our Services, including but not limited to your violation of the Agreement or
any agreement with a provider of third-party services used in connection with
the Services and Content that you post.


18. US Economic Sanctions

You agree that our ability to provide our Services to you is subject to
compliance with US sanctions that restrict or prohibit who or from where our
Services can be accessed. By using the Services, you represent and warrant that
you

     (i) are not located or residing in any country or territory subject to
comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk
People’s Republic, Luhansk People’s Republic, and Syria);

     (ii) are not listed on any United States list of prohibited or restricted
parties, such as OFAC’s Specially Designated Nationals and Persons List, or
otherwise subject to US sanctions that would prohibit your access to or use of
our Services; and

     (iii) shall not use or allow access by any of your customers or potential
customers (if applicable) to the Services in any manner that may cause
Automattic to violate US export controls and sanctions. We reserve the right to
restrict or block your access, or access by any of your customers or potential
customers (if applicable), to the Services and/or to terminate the Agreement at
any time without notice if we determine, at our sole discretion, that such
access may cause a violation or create unacceptable risk to us under export
controls or sanctions.


19. Translation

These Terms were originally written in English (US). We may translate these
terms into other languages, and in the event of a conflict between a translated
version of these Terms and the English version, the English version will
control.


20. Miscellaneous

The Agreement (together with any other terms we provide that apply to any
specific Service) constitutes the entire agreement between Yavda and you
concerning our Services. If any part of the Agreement is unlawful, void, or
unenforceable, that part is severable from the Agreement, and does not affect
the validity or enforceability of the rest of the Agreement. A waiver by either
party of any term or condition of the Agreement or any breach thereof, in any
one instance, will not waive such term or condition or any subsequent breach
thereof. Yavda may assign its rights under the Agreement without condition. You
may only assign your rights under the Agreement with our prior written consent.

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