Terms and Conditions of Use

Last update: May 2020

Odysci manages, develops and commercializes the site https://www.odysci.com, as well as all its subdomains, and all its associated tools and services. The set of all web pages under the above domains are referred in this document as the “Site“. All products and services offered by ODYSCI on the Site through a protected login procedure are referred in this document as “Services“. Any person, individually, or representing a company, who completes a registration on the Site, or accesses our Services (via a password-protected login) is referred in this document as a “User“, or simply, as “you”.

We reserve the right to make changes to this Terms at any time. We will notify you via email of any changes that could materially impact your use of the Services or the way we process your personal data. Your continued use of our Services covered by these Terms will signify your acceptance of any and all changes to these Terms made by us from time to time.

1. ACCEPTING THE TERMS

1.1. By accessing the Site and/or using the Services, the User agrees to these Terms and to our Privacy Policy. Agreement to these Terms and to our Privacy Policy forms a legally binding agreement between the User and Odysci in relation to the use of the Site and the Services.

1.2. Users who do not agree with these Terms, or with our Privacy Policy, should NOT access any of the Services offered by Odysci.

2. DATA COLLECTED FROM SOCIAL PLATFORMS

2.1. The Services offered by Odysci allow users to monitor their social media business profiles, to create graphs and dashboards, and to analyze the data present in their social media pages. These data are collected by Odysci using the platforms’ (Facebook, Instagram, Twitter, YouTube) public APIs and include the publicly available data, as well as data for which the user explicitly authorizes the Services to gather using the platforms’ access dialogs.

  1. If you access YouTube data using the Services, you also agree to the bound by YouTube Terms of Service.
  2. If you access Facebook data using the Services, you also agree to the bound by Facebook Terms of Service.
  3. If you access Instagram data using the Services, you also agree to the bound by Instagram Terms of Use.
  4. If you access Twitter data using the Services, you also agree to the bound by Twitter Terms of Service.

2.2. The Services use the platform APIs to collect data from users’ social media profiles, which include various metrics, such as, number of fans, subscribers or followers, number of postings, number of comments received, etc. The collection of this data, extracted from the social platforms, is called API Data. The integration of the Services with the platform APIs is solely for reading data, and never for writing

2.3. The Services do NOT allow for any changes to be made to the user’s social network profiles through the use of the Services. This includes, but not limited to:

  • The user cannot post any content onto their social media pages.
  • The user cannot “like” any posting made by another user.
  • The user cannot remove any content posted by himself/herself or by any other user, from his/her own social profiles.

2.4. Odysci does not modify any data collected from the social networks through their public APIs, nor does it present the data in any different way that it was originally available in the social network itself. Some of the graphs available in the Services display API Data exactly as collected (for example, number of “likes”). Alternatively, other graphs available in the Services display data computed by Odysci, and not directly available from the API Data. In accordance with the platforms’ Terms of Service, these Odysci-computed metrics and graphs are clearly identified as “not part of Social Platform API Data, and solely part of the Odysci Services”.

3. ACCESSING THE SITE AND USING THE SERVICES

3.1. REGISTRATION

In order to register for the Services, the user has to accept and comply with the following requirements:

  1. The User must be at least 18 years old to register and use the Services.
  2. The User who wishes to register for the Services, under free or paid plans, must access the Site and provide the requested information regarding his/her name and affiliation. Odysci is not responsible for any incorrect, incomplete, or false information provided by the User. The data provided by the User will be processed by ODYSCI as described in our Privacy Policy.
  3. The User, who has his registration submitted and confirmed, accepts, in full and for all purposes, the terms of this document.
  4. The User, who has his registration submitted and confirmed, automatically authorizes ODYSCI to send emails to the User with notices, alerts, and information about the available services currently and in the future.
  5. The User registration may be cancelled at any time, without prior notice, at ODYSCI’s discretion, if any act or conduct that violates any part of these Terms, on the part of the User, is found.

3.2. USING THE SERVICES

You may use the Services for lawful, authorized purposes and in accordance, but are not limited to, the following terms:

  1. After the registration is confirmed, the User may log into the Site, access and use the Services.
  2. The User shall be fully responsible for his/her use of the Services.
  3. The Services provided by Odysci rely on basic infrastructure provided by third parties, such as power or internet connection. While we plan for a certain level of contingency, Odysci will not be responsible for any damages or losses incurred by our Users, due to Services interruptions caused by infrastructure problems beyond our control.
  4. ODYSCI reserves the right to change, expand or cancel part, or all of the Services provided, unilaterally, at any time and without notice, as well as the conditions for the use of the Services. In such cases, the User may request the cancellation of the registration or business relationship, if desired.
  5. ODYSCI accesses Users’ data from their social network profiles via the Internet and using computer programs (APIs) made available by the companies that own the networks (e.g., Facebook, Instagram, Twitter, YouTube). These public APIs are made available by the social networks and can be modified, blocked, or cancelled by social networks at any time and without notice. Considering that ODYSCI has no control over these APIs, ODYSCI offers no guarantee that the data from any given social network will be available without any interruption or cancellation. Similarly, ODYSCI does not offer any guarantee regarding the information obtained via APIs, including, without limitation, whether this information is correct, complete, or truthful. ODYSCI shall be exempt from any liability for damages or losses suffered by the User, as a result of his/her use of the information collected and made available by ODYSCI.
  6. Due to the large volume of data collected by the ODYSCI Services, and in the interest of maintaining the continuity of the Services, ODYSCI reserves the right to restrict the volume of data collected, if necessary, for the maintenance of the Services. Therefore, it is possible that the data made available to the user is incomplete, in which case it will be clearly indicated as such. ODYSCI shall be exempt from any liability for damages or losses suffered by the user, as a result of the use of incomplete information made available by the ODYSCI Services to the User.
  7. ODYSCI will apply industry-standard methods to protect the User‘s access to the Services and the integrity of the data made available. However, ODYSCI will not be liable for damages suffered by the user due to any illegal acts committed by third parties who illegally use the Internet to violate security systems and access internal data of ODYSCI and its Users.

3.3. USERS’ RESPONSIBILITIES AND OBLIGATIONS

The User responsibilities and obligations, while using the Services, include, but are not limited to, the following:

  1. The User agrees to use the Services solely for the purposes described in these Terms, and in accordance to the laws and regulations about the use of software programs and data protection, applicable to the countries where Odysci does business.
  2. The User acknowledges that he/she is solely responsible for the use of the Services. Odysci will not be responsible, nor liable, for any use of the Services for unlawful purposes or for purposes for which the Services are not designed, on the part of the User.
  3. The User is expressly prohibited from:
    • Using the Services for purposes other than the legal uses described in these Terms.
    • Inserting into the Site any content that disseminates viruses or other digital elements that may cause damage or prevent the normal functioning of the Site, the network, and third-party equipment or software.
    • Inserting into the Site any content that is unlawful, pornographic, defamatory, unethical, or in any way violates the rights of others.
    • Gaining or attempting to gain unauthorized access to any other computer system on the network, through an initial valid or invalid access to the Services.
    • Circumventing or attempting to circumvent any authentication or security system present on the Site.
    • Accessing or attempting to access sensitive information from other users of the Site, such as name, passwords, credit card number, among others.
  4. The User understands that the Services are accessed via the Internet with individual user authentication (via email and password). The User is responsible for not sharing their authentication with third parties. ODYSCI cannot be held responsible for changes in the user data or Services caused by third parties who may have gained access to the user’s account through the User himself/herself.

3.4. TERMINATION AND ERASURE OF DATA

  1. The minimum term for this agreement may vary and it is determined at the time the User signs up for a plan (free or paid). If the User does not cancel the subscription with the Services, the term will automatically be extended by the minimum term.
  2. The User’s right to use the Services automatically terminates at the end of the agreement, or earlier, if the User violates these Terms. Odysci reserves the right, at its own discretion, to terminate the User access to all or part of the Services, in the event of breach by the User of any of the clauses in these Terms of Service, with or without notice.
  3. The User is solely responsible for requesting cancellation of the account. The User can cancel the account at any time by contacting Odysci. Any pending financial obligations specified in the contracted plan may have to be met by the User.
  4. All personal data that Odysci may have stored about the User shall be erased upon termination of the agreement. The User may temporarily suspend the plan, without terminating it – in which case the data will be preserved.
  5. All data collected from the social networks through explicit User authorization will be delete upon termination of the agreement.

4. THE CONTENT PROVIDED BY THE SERVICES

4.1. By using the Services, the User may have access to data on their social networks, which may include texts, images and videos posted by third parties.

4.2. All or some of the content made available by the Services to the user may be protected by copyrights belonging to third parties. The User, by accessing any copyrighted content, agrees not to modify, alter, distribute or sell the content, and also not to create derivations from the original content; except in cases where the owner of the content explicitly allows such use in a separate agreement.

4.3. The User understands that, by using the Services, he/she may be exposed to content that can be perceived as offensive, indecent or controversial, and agrees to use the Services at his/her own risk.

4.4. The User shall be solely responsible for any and all content created by the User while using the Services, and for all the consequences of their actions arising from that content and its use.

5. COPYRIGHT AND INTELLECTUAL PROPERTY

5.1. The User who registers for the Services (under a free or paid plan) receives a personal, non-transferable, limited, temporary and non-exclusive license to use the Services in accordance with these Terms. This license does not allow the User or third parties with access to the User‘s account, copy, modify, create derivative works, reverse engineer, or perform any act to discover the internal functioning of the software. Any attempt to perform such acts will be considered illegal and punishable in the form of the law, and, will immediately cause the cancellation of the user account.

5.2. The intellectual property associated with the software, algorithms, methods, graphical interfaces and all content developed by ODYSCI and used in the Services belongs solely to ODYSCI; except for computer programs and libraries developed by third parties or Open Source, used by Odysci under licenses. The license to use the software, granted to the User who purchases the Services, does not include any rights to the intellectual property developed by ODYSCI, whether related or not to the Services.

6. FINAL PROVISIONS

6.1. If any one or more provisions contained in these Terms are held by a court or tribunal of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, each and every other provision shall continue to apply and remain in full force and effect.

6.2. ODYSCI’s tolerance of the User‘s failure to comply with any item, clause or obligation described in these Terms shall not be deemed a waiver of any right, constituting mere liberality, which shall not prevent ODYSCI from requiring the user to faithfully comply with these Terms at any time.

6.3. The Services developed and offered by ODYSCI are not considered risky. Thus, the User, registered in Brazil, agrees that the objective liability described in Article 927, sole paragraph, of the Brazilian Civil Code is not applicable to Odysci Services.

6.4. These Terms shall be governed by the laws of the Federative Republic of Brazil. The User and ODYSCI agree to submit any disputes arising from this instrument or the use of the Services to the forum of the City of Campinas, São Paulo, Brazil.

7. CONTACT

In case of any questions regarding the content of these Terms, please contact ODYSCI by e-mail at policy@odysci.com.

 

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