Terms of Service

Our services

We provide a social networking service where people, organizations and companies can post and share data and files; text, photos, videos and more. The following terms and conditions ("Terms") govern all use of Cannlytics, all content, all our services, and all our products available at or through the websites, including, but not limited to, Cannlytics and cannlytics.com, (taken together, our "Services"). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our privacy policy) and procedures that may be published from time to time by Cannlytics (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. We refer to Cannlytics, collectively as "Cannlytics company", "Cannlytics platform", "Cannlytics", "us", "our" or "we" throughout this agreement.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Cannlytics, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 21. If you are younger than this, then you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 21 years of age or older.

Funding

Cannlytics is funded by subscription fees, sponsorships, and providing software support.

Paid subscriptions

Cannlytics is using a secure and well known distributor of subscriptions; PayPal. When you buy a subscription to Cannlytics it is PayPal that facilitates the subscription for you. They are the distributor of our subscriptions and their Terms and Privacy policy apply in your relation with them. More info at: https://paypal.com/.

Your Cannlytics account

You can use a pseudonym on your Cannlytics account, but you must provide us with accurate and up to date information if needed. If you create a Cannlytics account, then you are responsible for maintaining the security of your account.

Please use a good password, it's your responsibility to keep it secure. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Cannlytics of any unauthorized uses of your account, or any other breaches of security. Cannlytics will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Without limiting any representations or warranties, Cannlytics has the right (though not the obligation) to, in Cannlytics' sole discretion, (i) change or reclaim your username or website's URL due to prolonged inactivity or for any other reason, (ii) refuse or remove any content that, in Cannlytics' reasonable opinion, violates any Cannlytics policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Cannlytics or other services to any individual or entity for any reason. If anything has been paid, for example subscription fees, donations or sponsorships, Cannlytics will have no obligation to provide a refund of any amounts previously paid.

Material

You own your material that you create and share on our Services. You keep all rights to your material, but you must give us the legal permission we need to provide the Services. When you share, post or upload material, for example certificates, photos, or videos, that is covered by intellectual property rights, on or in connection with our services, you grant us a non-exclusive, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your material for the purpose of making Cannlytics' services and products available.

When you delete your material or account, this license ends. Be aware that your material may continue to appear if you have shared it, and others (including third party server owners) have not deleted it.

If you delete material, Cannlytics will use reasonable efforts to remove it as soon as possible, in accordance with our privacy policy, but you acknowledge that caching, backups or references to the material may not be made immediately unavailable.

If you publish material on your profile page, make comments, post material to Cannlytics and/or our other Services, post links on our services, or otherwise make (or allow any third party to make) material available, you are entirely responsible for the material of, and any harm resulting from, that material or your conduct. That is the case regardless of what form the material takes, which includes, but is not limited to text, photo, video, audio, or code. By using Cannlytics, www.cannlytics.com and/or our other Services, you represent and warrant that your material and conduct do not violate these Terms, our policies or the community guidelines. You must not break copyright law and therefore you must have all appropriate rights to post any material.

Cannlytics has not reviewed, and cannot review, all of the material posted to our Services and also not material posted to third party servers, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, Cannlytics does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Our Services may contain material that is offensive, indecent, or otherwise objectionable, as well as material containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain content that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. If you see objectionable content that breaks the law or our community guidelines, then you can and are encouraged to report such content.

Cannlytics disclaims any responsibility for any harm resulting from the use by logged in users or non logged in visitors of our Services, or from any downloading by those, of material there posted.

Material posted on other servers and websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which Cannlytics links, and that link to Cannlytics. We do not have any control over those non-Cannlytics servers, software or websites, and we are not responsible for their contents or their use. By linking to a non-Cannlytics website, Cannlytics does not represent or imply that it endorses such website. Cannlytics disclaims any responsibility for any harm resulting from your use of non-Cannlytics websites, software, web pages and connected, servers, networks and services.

Third party servers

Cannlytics software is under continuous development and changes are made by several developers that work independent from Cannlytics. There are no guarantees of any kind that things will be bug free, safe or work as it should. It's open source so the code can be reviewed if you so wish. We aim to run the latest stable release of the software.

Be aware that some of your material, meta data and/or other data and information may automatically be passed by the Cannlytics software to third parties when you use our services, and the respective third party's terms of service, privacy policy, and other policies may apply.

We're not running the third party services and have no control over what they do or don't do. We recommend that you don't share any sensitive information, also not in personal messages as they are not encrypted and can technically be read by any owner of a server.

Third Party Services are not vetted, endorsed, or controlled by Cannlytics. By using Cannlytics, you're exposed to third parties by seeing posts in public feeds, by posting publicly, by posting personally to some other users, and in other ways. All use of Cannlytics and the connected Third Party Services is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.

It is your responsibility to review the Third Party's terms and policies before accepting followers on other services and before interacting with Third Party Services in any way. Some of your data and material, for example when you post publicly or directly to a user on a connected network are transferred to a Third Party Services. Your data and material will be handled in accordance with the Third Party's privacy policy and practices. We do not have control over how a Third Party Service may use your data and content. You should carefully review Third Party Services' data collection, retention, and use policies.

Third Party Services may not work appropriately with Cannlytics, and we may not be able to provide support for issues caused by any Third Party Services. If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly. At any time, we may at our discretion, suspend, disable, or remove Third Party Services.

Prohibited uses

When using Cannlytics, you agree not to:

Publish material or engage in activity that is illegal under applicable law.
Overburden Cannlytics' systems, as determined by us in our sole discretion.
Disclose sensitive personal information of others.
Send spam or bulk unsolicited messages.
Interfere with, disrupt, or attack any service or network.
Distribute material that is or enables malware, spyware, adware, or other malicious code.
Use unauthorized bots, for example to automatically post or analyze material.

Copyright infringement and DMCA policy

As Cannlytics ask others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Cannlytics violates your copyright, then you are encouraged to notify Cannlytics. Cannlytics will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Cannlytics will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Cannlytics or others. In the case of such termination, Cannlytics will have no obligation to provide a refund of any amounts previously paid to Cannlytics.

Intellectual property

This Agreement does not transfer from Cannlytics to you any Cannlytics or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cannlytics.

The words Cannlytics, Cannlytics Console, cannlytics.com, the Cannlytics logo (the Cannlytics Calyx) and all other trademarks, service marks, graphics and logos used in connection with Cannlytics or our Services, are trademarks or registered trademarks of Keegan Skeate.

Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Cannlytics or third-party trademarks.

Cannlytics (sometimes called the Cannlytics platform) is the name of our domain and our community, it's a social network.

The word Cannlytics on itself, refers to the Cannlytics software (made by lead developer Keegan Skeate) and/or it refers to the wider Cannlytics network.

The Cannlytics software is open source and made by lead developer Keegan Skeate and a large number of other contributors. We would like to thank all of you for the excellent work in making the awesome Cannlytics software. It's highly appreciated and much needed work.

They write the following:

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE."

Changes

We are constantly updating our Services, and sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, official account or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Software updates

By using or downloading our software. You give us permission to download and install upgrades and updates to develop the software.

Termination

Cannlytics may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cannlytics account (if you have one), then you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided "as is." Cannlytics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cannlytics 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 when you download from Cannlytics, or otherwise obtain material or services, then it's at your own discretion and risk.

Jurisdiction and applicable law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of Germany.

Limitation of liability

In no event will Cannlytics, or its suppliers or licensors, be liable with respect to any subject matter of this 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 the fees paid by you to Cannlytics under this Agreement during the twelve (12) month period prior to the cause of action. Cannlytics shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General representation and warranty

You represent and warrant that your use of our Services:

Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Cannlytics, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation

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

Miscellaneous

This Agreement constitutes the entire agreement between Cannlytics and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cannlytics, or by the posting by Cannlytics of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions;

This agreement isn't giving rights to third parties. You need our consent to transfer your rights or obligations under this agreement. Cannlytics may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Regarding feedback, we always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them. We are not obliged to keep feedback confidential.

These Terms

This document is published under CC BY-SA 4.0. A Creative Commons Sharealike license, which means you're are welcome to re-purpose it for your own use. Just make sure to replace references to us with ones to you, and if you don't mind we'd appreciate a link to www.cannlytics.com somewhere on your website.

This document was adapted, 2021-07-24, from https://www.albinsocial.com/. This document was first adapted, 2018-10-05, from Automattics Terms of service. Automattic runs a blog and website hosting platform called WordPress.com.

This document was updated 2022-04-26.