Welcome! By signing up for a Free Trial or by using any RateGain services (“Services”), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”)

ACCEPTANCE OF TERMS

By accepting the Terms of Service, either through (1) clicking a box indicating acceptance, or (2) using the Free Trial, Customer agrees to these Terms of Service and Privacy Policy. The individual accepting the Terms of Service on behalf of a company or other legal entity represents that they have the authority to bind such entity and its affiliates to these terms and conditions, in which case the term “Customer” shall refer to such entity and its affiliates. If the individual accepting the Terms of Service does not have such authority, or does not agree with these terms and conditions, such individual must not accept the Terms of Service and may not use the Services.

ACCOUNT INFORMATION; SHARING

Registration; Username and Passwords. Customer may be required to provide information to register for and to access or use the Services. Customer represents and warrants that any such information and/or data being shared by or on behalf of the Customer (“Customer Data”), is and will remain accurate and complete, and that RateGain has no liability whatsoever for errors and omissions in the Customer Data. Customer may also be asked to choose a username and password to access or use the Services and Software. RateGain may reject, or require to change, any such username or password, in its sole discretion. Customer is entirely responsible for maintaining the security of the username and password, and agrees not to disclose or make the username or password accessible to any third party.

Prohibition on Sharing. Customer shall not share an account, Host rights, or any other user rights with any other individual, unless otherwise expressly pre-approved by RateGain in writing. Customer may not share any login credentials or passwords regarding the foregoing with any other individual. Customer acknowledges that sharing of any such rights is strictly prohibited. Customer’s right to use or access the Services is personal and not assignable or transferable.

INTELLECTUAL PROPERTY

RateGain shall always retain all its Intellectual Property rights, title, and interest in the Services, and/or any related technology used in delivering the Services under the Terms of Service or otherwise. These terms do not in any way diminish and/or alter RateGain’s absolute ownership of Intellectual Property of the technology used and its associated software. RateGain has and shall continue to have absolute ownership of the Intellectual Property of all of its software tools, techniques and processes that would be used to deliver reports to Customer, as well as the data shared with the Customer, whether they exist as of date of acceptance or are developed during the course of the Terms of Service. Nothing provided in these terms would give the Customer any rights or lien on any such Intellectual Property of RateGain. It is expressly agreed between the Parties that no ownership in the Intellectual Property or the rights to the Intellectual Property in the web platform or data is transferred to the Customer by virtue of the rights given to the Customer under the Terms of Service.

CONFIDENTIALITY

“Confidential Information” means all information furnished by one party to the other in connection with RateGain’s delivery of the Services that is designated or treated as confidential by the disclosing party and all information concerning the design, functionality and operation of the RateGain systems used to provide the Services. Confidential Information does not include any information that (a) is already lawfully known by the receiving party when received as a matter of record; (b) is independently developed by the receiving party; (c) is now or hereafter becomes generally available to the public other than as a result of disclosure by the receiving party; (d) is received by the receiving party from a third party legally entitled to make such disclosure; or (e) is disclosed after the receiving party obtains prior written approval from the disclosing party for such disclosure. Neither party will use the other party’s Confidential Information for any purpose other than to fulfill its obligations arising under the Terms of Service. Each party will use reasonable efforts to keep confidential the other party’s Confidential Information and the terms and pricing contained in the Terms of Service and will not disclose such information to any person or entity other than its employees, agents, and affiliates who agree to comply with this section or other than as required to fulfill its obligations arising under the Terms of Service. Each party will be responsible for the breach of this section by its employees, agents, and affiliates. A party may disclose the other party’s Confidential Information to the extent required by law, regulation, judicial process or order of a governmental authority, provided that the disclosing party discloses only that Confidential Information necessary to comply with such requirement and that the disclosing party gives the other party prompt notice of such requirement following the disclosing party’s receipt of notice, or determination of the existence, of such requirement. After the expiration/termination of the Terms of Service, each party will promptly return to the other party or destroy and/or delete all of the other party’s Confidential Information furnished to it upon the written request of the other party, provided that RateGain may retain in its physical and electronic records relating to its performance of the Services Customer’s Confidential Information that is incorporated into such records in the normal course of RateGain’s business. Each party will confirm any such destruction and deletion in writing to the other party within thirty (30) days of receipt of such written request. Notwithstanding any provision of the Terms of Service, RateGain may use and disclose data derived by RateGain from its performance of the Services for purposes of reporting and analysis, provided that neither Customer nor any Affiliate, nor any customer or guest of Customer or any Affiliate, is identifiable from such reporting or analysis.

DISCLAIMER OF WARRANTIES

Notwithstanding anything contrary in the Terms of Service, the Free Trial is being provided “AS-IS” without any warranty and RateGain shall have no liability of any type with respect to the services provided in the Free Trial unless such exclusion of liability is not enforceable under applicable law. Without limiting the foregoing, RateGain, its affiliates and its licensors do not represent or warrant to the Customer that: (a) Customer’s use of the services provided in the Free Trial will meet Customer’s requirements, (b) Customer’s use of the services provided in the Free Trial will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the Free Trial will be accurate. Customer shall be fully liable under these Terms of Service to RateGain and its affiliates for any damages arising out of Customer’s use of the services under the Free Trial, any breach by Customer of the Terms of Service and any of Customer’s obligations.

TERM AND TERMINATION

Customer is being provided a 14-day Free Trial of the Services. The Free Trial shall begin upon the Customer's registration and acceptance of the Terms of Service.

RateGain may extend or suspend the Free Trial, at its sole discretion, with or without any prior intimation to the Customer.

Customer agrees and acknowledges that RateGain reserves all rights to immediately terminate the Services without prior notice and showing any reason, if it reasonably believes that the Customer has breached or violated the Terms of Service or other incorporated agreements/guidelines or requests by law enforcement or other government agencies or unexpected technical issues or problems. Customer further understands and agrees that all terminations shall be made at RateGain’s sole discretion and that RateGain shall not be liable to the Customer or any third party for any such termination.

GOVERNING LAW

These Terms of Service and any matter relating thereto and/or arising therefrom shall be governed by and under the laws of England and Wales, without regard to its conflict of laws principles.

The courts at London, United Kingdom shall have the sole jurisdiction for the purpose of the Terms of Service and any dispute(s) arising therefrom and/or in relation thereto, without regard to any conflict of laws principle. Each Party waives any defense that it may have that any such court lacks jurisdiction over it or is an inconvenient or improper forum.

MISCELLANEOUS

The Terms of Service and its attachments constitute the entire terms between the Parties and supersedes all prior negotiations, representations, agreements, and understandings. No agreement changing and/or supplementing these terms may be made except by written documents signed by duly authorized representatives of both Parties to these terms.

The Terms of Service do not in any way create a relationship of principal–agent, employer–employee, agency, etc. between Parties. Parties are independent of each other and each Party undertakes not to act, attempt, or represent itself of being an agent, representative of the other Party.

If any provision of the Terms of Service are found by a court to be void, invalid or unenforceable, the same shall either be reformed to comply with applicable law or stricken if not so comfortable, so as to not affect the validity or enforceability of all of the rest of the provisions of these Terms of Service.

Any notice required to be sent under the Terms of Service shall be given through Email to: help@rategain.com