Date: 12th July 2017
Version number: 3.0
These Terms of Services (the "Agreement") are a legal agreement between You as the user and Hotjar Limited, a private limited liability company registered under the Laws of Malta with company number C 65490, having its registered address situated at Level 2, St Julian's Business Centre, 3, Elia Zammit Street, St Julian's STJ 1000, Malta ("Hotjar", or "We" "Our" or "Us"), that governs Your limited, non-exclusive and terminable right to the use of the Hotjar Site and Services as defined herein. By clicking on the "Start Using Hotjar" button, or otherwise making use of the Services, You agree to be bound by the terms of this Agreement.
If You do not agree to this Agreement, You must not sign up for an account and shall not make use of any of the Services or the Site. By agreeing to this Agreement, you acknowledge that You have read this Agreement, understood it, and agree to be bound by its terms and conditions.
We may amend this Agreement from time to time. We will provide You with advance notice of the modifications via email to the email associated to Your account and by posting a written notice on Our Site and You hereby agree that this shall constitute adequate notice in this regard. All amended terms automatically take effect on the sooner of the day You use the Site and/or Services, or 30 calendar days after they are initially posted on the Site. Your use of the Site and/or Services following the effective date of any modifications to this Agreement will constitute Your acceptance of the Agreement, as modified.
"Account" shall mean an account with Hotjar to use the Services;
"Agreement" shall mean these Terms of Service, including any annexes thereto which form an integral part thereof and which in their totality, govern Your relationship with Hotjar;
"Applicable Law" shall mean the Laws of Malta;
"Confidential Information" shall mean all information provided by You or Us (the "Disclosing Party"), to the other party (the "Receiving Party"), whether orally or in writing, which information is designated as being confidential. Provided that for all intents and purposes, Confidential Information shall not be construed to include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party's prior written approval;
"Data" shall mean content, data, information, Know-How and Confidential Information relating to Your business, some of which may not be publicly available, including but not limited to technical and commercial information concerning Your, or any of Your parent company's or subsidiaries'' business, systems, processes, software and services, as the case may be;
"Intellectual Property Rights" shall mean the copyright, including the moral and related rights, rights to use, musical works, literary works, designs, databases or any other copyright protected works, trade names, protected business identifiers, patents, utility models and trademarks, and all other industrial and intellectual property rights, in each case whether registered or unregistered, which currently subsist, or will subsist, now or in the future, in any part of the world;
"Know-How" shall mean unpatented information, knowledge, experience, formula, research, processes, studies, reports, data and designs developed by and/or in Your possession;
"Service/s" shall mean the software as a service (SaaS) offered by Hotjar and having a variety of resources including but not limited to heatmaps, visitor recordings, funnels and form analysis, feedback polls, surveys, recruiters and other functionalities as developed and introduced by Hotjar from time to time and as further described on the Site in Our Product Tour;
"Site/s" shall mean the website hotjar.com, in addition to any sub-pages that are integrated within this website;
"Subscription Plan" shall mean one of the different subscription packages through which You can use the Services as further described in Our Product Tour;
"Subscription Term" shall mean the period of time for which subscription to the Services shall be made available by Hotjar to You, subject to Your adherence to the obligations undertaken by virtue of this Agreement;
"Third Party/ies" shall mean any persons, whether legal or natural, which are neither You nor Hotjar;
"Trial Period" shall mean free access provided to You by Hotjar for a limited and established period of time, to the Services, which shall be granted at the sole discretion of Hotjar, which access may be revoked by Hotjar at any time without need of any prior notice;
"You" / "Your" shall mean a person, whether natural or legal, acting in the course of a trade or business, and who agrees to be bound by the terms contained in this Agreement.
THE MATERIALS CONTAINED ON THE HOTJAR SITE AND SERVICES ARE PROVIDED "AS IS". OTHER THAN FOR THE EXPRESS WARRANTIES CONTAINED IN CLAUSE 10 OF THIS AGREEMENT, HOTJAR HEREBY MAKES NO FURTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER VIOLATION OF RIGHTS INFRINGEMENT. FURTHER, HOTJAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR SERVICES, OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY THIRD PARTY SITES OR SERVICES LINKED TO WITHIN THE SITE OR SERVICES OR THAT THE SERVICES WILL BE ERROR-FREE OR PROVIDE CERTAIN RESULTS.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS.
Hotjar Ltd, Level 2
St Julians Business Centre,
3, Elia Zammit Street
St Julians STJ 1000, Malta, Europe
+1 (855) 464-6788