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TERMS OF SERVICE

Last updated on November 17, 2021.


THIS AGREEMENT

This agreement (“Agreement”) is a binding legal contract between you and Tubular
Labs Inc. (and any predecessor and successor entities) (“Tubular Labs”),
covering your use of the website www.tubularlabs.com and other Tubular Labs
websites (“Sites”) and any of our services, including without limitation our
cross-platform video analytics and intelligence software platform (“Services”).
If you do not agree to all of the terms in this Agreement, please do not use the
Sites or the Services – if you visit the Sites or use any Services, you are
necessarily agreeing to this Agreement.


AUTHORIZATION

You may access and use the Sites and/or Services only if you are 18 years or
older and capable of forming a binding contract with Tubular Labs and are not
barred from accessing and using the Sites and/or Services under applicable law.
 If you are accessing and using the Sites or Services on behalf of a company
(such as your employer) or other legal entity, you represent and warrant that
you have the authority to bind that company or other legal entity to this
Agreement. In that case, “you” and “your” will refer to that company or other
legal entity.


YOUR ACCOUNT

 1.  Some portions of the Sites and some Services can only be accessed with an
    account (“Account”).  You can create an Account via the Sites.
 2.  You are responsible for everything done through your Account so please do
    not share your ID and password with anyone you do not want to be accountable
    for. Please notify us right away if you have lost control of your Account ID
    or password or you suspect there is unauthorized activity in your Account.


THINGS YOU CANNOT DO

 1. Lie to us in connection with your use of the Sites or the Services. This
    includes but is not limited to giving false information in your Account
    registration.
 2. Post anything that could be considered defamatory, libelous or criminal.
 3. Open a new Account without our written permission if we have terminated a
    prior Account or suspended your access to the Sites or any Services.
 4. Transfer your Account to someone else.
 5. Do anything that smacks of bad online citizenship such as spam our users,
    distribute spyware or viruses, collect personal information without
    disclosing and abiding by your privacy policy, or attempt to reverse
    engineer or hack into our systems.
 6. Bypass any technical protections or throttling that we institute, or access,
    use or scrape the Sites or the Services by any automated means unless you
    are a search engine crawling the Sites for the sole purpose of creating a
    publicly accessible search index.
 7. Do anything we ask you not to.




INFRINGEMENT

Tubular Labs is strongly committed to respecting intellectual property and other
rights. To report infringement, please email us right away
at privacy@tubularlabs.com.


OWNERSHIP; LICENSES

Content and Content Rights For purposes of this Agreement: (i) “Content” means
text, graphics, images, music, software, audio, video, works of authorship of
any kind, and information or other materials that are posted, generated,
provided or otherwise made available through the Sites or Services; and (ii)
“User Content” means any Content that users (including you) provide to be made
available through the Sites or Services. Content includes without limitation
User Content. Content Ownership and Responsibility Tubular Labs does not claim
any ownership rights in any User Content and nothing in this Agreement will be
deemed to restrict any rights that you may have to use and exploit your User
Content. Subject to the foregoing, Tubular Labs and its licensors exclusively
own all right, title and interest in and to the Sites and Services and Content,
and all underlying software, technology and processes and any enhancements or
modifications thereto, including all associated intellectual property rights
therein. You acknowledge that the Sites, Services and Content are protected by
copyright, trademark, and other laws of the United States and foreign countries.
You agree not to remove, alter or obscure any copyright, trademark, service mark
or other proprietary rights notices incorporated in or accompanying the Sites,
Services or Content. Rights in User Content Granted by You By making any User
Content available through the Sites or Services you hereby grant to Tubular Labs
a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license
to use, copy, modify, create derivative works based upon, publicly display,
publicly perform and distribute your User Content in connection with operating
and providing the Services and Content. You are solely responsible for all your
User Content. You represent and warrant that you own all your User Content or
you have all rights that are necessary to grant us the license rights in your
User Content under this Agreement. You also represent and warrant that neither
your User Content, nor your use and provision of your User Content to be made
available through the Sites or Services, nor any use of your User Content by
Tubular Labs on or through the Services will infringe, misappropriate or violate
a third party’s intellectual property rights, or rights of publicity or privacy,
or result in the violation of any applicable law or regulation. Rights in
Content Granted by Tubular Labs Subject to your compliance with this Agreement,
Tubular Labs grants you a limited, non-exclusive, non-transferable,
non-sublicensable license to view, copy, display and print the Content solely in
connection with your permitted use of the Sites and Services. Content from
YouTube: Tubular Labs accesses public Content from third-party social networking
services, such as YouTube. Tubular Labs uses YouTube APIs, and by using YouTube
Content within Tubular Labs’ Sites and Services you are agreeing to be bound to
YouTube’s Terms of Service, which can be found
at https://www.youtube.com/t/terms and Google’s Privacy Policy, which can be
found at http://www.google.com/policies/privacy. Third-party social networking
services, such as Google and YouTube, may update their Terms of Service and
Privacy Policies from time to time, and Tubular Labs is not responsible for your
review of any changes or updates to these. We recommend that you review
YouTube’s Terms of Service and Google’s Privacy Policy regularly. Content from
Authenticated SNS Accounts If you have an Account, you may choose to link your
Account with third-party social networking services (such as Facebook, Google,
or YouTube) (each, a social networking service or “SNS”) with which you have an
account (each such account, a “Third Party Account”) by either: (i) providing
your Third Party Account login information to Tubular Labs through the Sites or
Services; or (ii) allowing Tubular Labs to access your Third Party Account, as
is permitted under the applicable terms and conditions that govern your use of
each Third Party Account in the manner described above.  You represent that you
are entitled to disclose your Third Party Account login information to Tubular
Labs and/or grant Tubular Labs access to your Third Party Account (including,
but not limited to, for use for the purposes described herein), without breach
by you of any of the terms and conditions that govern your use of the applicable
Third Party Account and without obligating Tubular Labs to pay any fees or
making Tubular Labs subject to any usage limitations imposed by such third party
service providers.  By granting Tubular Labs access to any Third Party Accounts,
you understand that Tubular Labs may access, make available  and store (if
applicable) any Content that you have provided to and stored in your Third Party
Account (“Third Party Account Content”) so that it is available through the
Sites and/or Services (as further described in our Privacy Policy).  Unless
otherwise specified in this Agreement, all Third Party Account Content, if any,
will be considered to be User Content for all purposes of this Agreement.
 Please note that if a Third Party Account or associated service becomes
unavailable or Tubular Labs’ access to such Third Party Account is terminated by
the third party service provider, then the Third Party Account Content that was
available from such Third Party Account will no longer be available through the
Sites or Services.  You have the ability to disable the connection between your
Account and your Third Party Accounts, at any time, through the Sites and/or
Services.  PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE
PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.  Tubular Labs makes no
effort to review any Third Party Account Content for any purpose, including
without limitation for accuracy, legality or non-infringement and Tubular Labs
is not responsible for any Third Party Account Content.


TUBULAR PATENTS

Patent NamePatent Issue DatePatent NumberDetermining audience members associated
with a set of videos January 13, 20158,935,713Determining an influential
audience memberNovember 22, 20169,501,574Efficient aggregation of time series
dataOctober 5, 202111,138,200Efficient uniques queryingAugust 10, 202111,086,947


FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Sites
and/or Services (“Feedback”). You can submit Feedback by emailing us
at privacy@tubularlabs.com. You grant to us a non-exclusive, worldwide,
perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable
license under any and all intellectual property rights that you own or control
to use, copy, modify, create derivative works based upon and otherwise exploit
the Feedback for any purpose.


PRIVACY

Tubular Labs’ Privacy Policy is located here. You will not use the Services to
collect any personally identifiable information and you will not associate any
data gathered through any Service from your website(s) with any personally
identifying information from any source. You will post and abide by a privacy
policy that meets or exceeds good industry practices and you will comply with
all applicable laws covering collection of user information. If you use our
analytics Services, your privacy policy must disclose that you use a third party
service that collects anonymous information about users and user behavior on
your website(s) and/or related to your advertising. 


INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY

 1. You will indemnify, defend, and hold harmless Tubular Labs, its affiliates,
    officers, directors, shareholders, employees, contractors, licensors,
    licensees, agents, and representatives (the “Covered Entities”) against all
    liability, claims, costs, damages, settlements, and expenses (including
    interest, penalties, attorney fees and expert witness fees) (“Liabilities”)
    incurred by any Covered Entity in any way arising out of or relating to this
    Agreement, your violation of this Agreement, your User Content, or your use
    of the Sites and/or our Services. Tubular Labs reserves the right, at your
    expense, to assume the exclusive defense and control of any matter otherwise
    subject to indemnification by you, and in such case, you agree to cooperate
    with our defense of such claim.
 2. THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED,
    STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE
    COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES
    OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SITES AND THE
    SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. WE DO NOT REPRESENT THAT THE
    SITES OR THE SERVICES WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF
    VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet businesses,
    our Sites and Services are vulnerable to down time (1) caused by outages to
    any public Internet backbones, networks or servers, (2) caused by any
    failures of your equipment, systems or local access services, (3) for
    previously scheduled maintenance or (4) relating to events beyond our
    control such as strikes, riots, insurrection, fires, floods, explosions,
    war, governmental action, labor conditions, earthquakes, natural disasters,
    or interruptions in Internet services to an area where our or your servers
    are located. We cannot guarantee complete accuracy in the information we
    report.
 3. THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS
    TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL
    RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
 4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COVERED ENTITIES SHALL NOT BE
    LIABLE FOR DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR
    OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
    INTERRUPTION OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED TO
    THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITES OR ANY SERVICES,
    EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
    JURISDICTIONS DO NOT ALLOW LIMITS OF LIABILITY FOR SOME DAMAGES SO THIS
    LIMITATION MAY NOT APPLY TO YOU.


PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

 1.  All paid plans must enter a valid credit card. Free accounts are not
     required to provide a credit card number.
 2.  You must be authorized to use the payment method that you enter when you
     create a billing account.
 3.  You authorize us to charge you for the Services using your credit card and
     for any paid feature of the Services that you choose to sign up for or use
     while this Agreement is in force.
 4.  The Services are billed in advance on a monthly basis and are
     non-refundable. There will be no refunds or credits for partial months of
     service, upgrade/downgrade refunds, or refunds for months unused with an
     open account.
 5.  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 United States (federal or state) taxes.
 6.  For any upgrade in plan level, you will be charged a prorated amount for
     the partial month of use of the new plan on your next billing cycle. The
     next billing cycle will reflect any such upgrades. Your account Services
     and features will upgrade immediately.
 7.  For any downgrade in plan level, the credit card that you provided will
     automatically be charged the new rate on your next billing cycle. Your
     account Services will also be downgraded on your next billing cycle.
 8.  Downgrading your Tubular Services will cause the loss of features in your
     account. Tubular Labs does not accept any liability for such loss.
 9.  If you cancel the Services before the end of your current paid up month,
     your cancellation will take effect at the next billing cycle and you will
     not be charged again.
 10. Prices of all Services, including but not limited to monthly subscription
     plan fees to the Services, are subject to change upon 30 days notice from
     us. Such notice may be provided at any time via the email you have provided
     or by posting the changes to the Tubular Site (www.tubularlabs.com).
 11. All enterprise level accounts registered to pay via check, wire-transfer,
     or Automated Clearing House (ACH), are due within thirty (30) days of
     billing date unless otherwise agreed-to by the parties in writing. If
     payment is not received by Tubular on the due date, the user’s account will
     be frozen and inaccessible until all outstanding payments have been
     processed by Tubular.
 12. If you’re participating in any trial period offer, you must downgrade to a
     free plan or cancel the Services before the end of the trial period to
     avoid incurring new charges. If you do not downgrade to a free plan or
     cancel your Services and we have told you by email (or other means) that
     the Services will convert to a paid subscription at the end of the trial
     period, you authorize us to charge your payment method for the Services.
 13. If your credit card information has expired, you must update the
     information when requested. If not, you agree that we have the right to
     close your account or downgrade your account to a free plan without any
     liability for any loss of data or loss of Services.
 14. Tubular uses a third-party intermediary to manage credit card processing
     and this intermediary is not permitted to store, retain or use your billing
     information except to process your credit card information for Tubular
     Labs.


TERMINATION

 1. We reserve the right to suspend or terminate your access to the Sites and
    the Services and/or your Account at any time for any or no reason. This is
    not our exclusive remedy under any circumstances.
 2. No refunds or credits for subscription plan charges or other fees or
    payments will be provided to you if you elect to terminate your Services
    plan or cancel your Account prior to the end of your then effective billing
    cycle. Following the termination or cancellation of your subscription to the
    Services and/or Account, Tubular Labs reserves the right to close your
    Account and delete any associated data in the normal course of operation.
 3. If you close your Account voluntarily, we may retain your Account
    information and use it in accord with our Privacy Policy.
 4. This Agreement will survive termination or suspension of your access to the
    Sites and/or Services and/or closure of your Account.


MISCELLANEOUS

 1. The Agreement incorporates all Tubular Labs policies, which can be found on
    the Sites.
 2. We reserve the right to change the Agreement and our policies at any time.
    When we make such changes, we will post them to our websites and you will be
    able to access them through the same link you used before. Your use of the
    Sites and/or the Services after such changes constitutes acceptance of the
    new terms and/or policies.
 3. Tubular Labs will be entitled to recover any legal fees and other costs
    associated with enforcing the Agreement.
 4.  We will communicate with you either by emailing the address associated with
    your account or by posting to a blog on the Sites or on the Sites
    themselves. You and we will give any notices required or permitted by the
    Agreement (other than legal process) by email with the proviso that we will
    email your account address and you will email us at privacy@tubularlabs.com.
    Emails to other addresses will not satisfy any notice requirement.
 5. You are responsible for being informed about and complying with all laws,
    rules and regulations that apply to your use of the Sites and all Services.
 6. The Agreement is the entire agreement between you and Tubular Labs and it
    replaces any other agreement between us on this subject. Aside from our
    right to make changes described in this Agreement, any amendments to the
    Agreement must be in a writing signed by both parties.
 7. You cannot assign the Agreement without our written agreement. We can assign
    the agreement to any entity that agrees to be bound by the terms of the
    Agreement.
 8. The Agreement is governed by California State law. The parties will resolve
    any disputes in the courts of the Santa Clara County of California to whose
    exclusive jurisdiction and venue they irrevocably submit, except for any
    optional arbitration as described next. Excluding claims for equitable
    relief, if the total amount in dispute is less than $10,000, either party
    may elect to resolve the claim through binding arbitration by initiating
    arbitration through an established provider that is agreed by the parties.
    The arbitration must be conducted under the following rules: (a) at the
    choice of the party seeking relief, the arbitration shall be conducted by
    telephone, online, or solely on written submissions; (b) no party or witness
    will make any personal appearance unless the parties agree otherwise; and
    (c) the winning party may have the arbitrator’s award entered as a judgment
    in any court of competent jurisdiction.
 9. If any provision of the Agreement is unenforceable, the validity and
    enforceability of the remaining provisions will not be affected. No waiver
    will be effective unless it is in an explicit writing and signed by an
    authorized representative of the waiving party.

Last updated on November 17, 2021.

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