Terms of Service | Measure Studio
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Terms of Service

Kindly read these Terms of Service with care before using Measure Studio, a software product offered by Measure Studio, Inc ("Measure Studio, Us, We, Our")

Acceptance of Terms

 

MEASURE STUDIO IS A SOFTWARE PRODUCT PROVIDED BY MEASURE STUDIO, INC. (“MEASURE STUDIO, INC, WE, US, OUR”). KINDLY READ THESE TERMS OF SERVICE WITH CARE BEFORE USING MEASURE STUDIO.

This is a binding legal contract between you and Measure Studio, Inc (and any predecessor and successor entities), covering your use of the website measure.studio, web application app.measure.studio, mobile applications, and other related Measure Studio websites (“Sites, Products”). 

 

By accessing our Products, you are agreeing to be bound by these Terms of Service and all applicable laws and regulations. You also agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Products. The materials contained in this website are protected by applicable copyright and trademark law.

 

Data Access and Management

We use data from YouTube, Google, Facebook, Instagram, Twitter, Snapchat, TikTok, LinkedIn, and other platforms. Such data is collected and stored to power features in Measure Studio. You can delete your data by removing specific social media accounts in your Measure Studio account settings, or by deleting your Measure Studio account. You can also request your authorized data be deleted by contacting support@measure.studio.

We use YouTube, Google, Facebook, Instagram, X (formerly Twitter), Snapchat, TikTok, LinkedIn, and other platform (each a “Social Platform”) APIs to collect data. You can learn more about each Social Platform’s terms of service and privacy policies via the links below:

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Social Platforms’ Terms of Service:

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Social Platforms’ Privacy Policies:


You can revoke our access to your data from YouTube, Google, Facebook, Instagram, Twitter, Snapchat, TikTok, or other Social Platforms at any time via each platform’s app and security settings (see links below for reference). Note that revoking such authorizations may limit or eliminate certain functionality in Measure Studio.
 

 

If you have any questions, comments, or concerns regarding these terms or our Products, please contact us at support@measure.studio.

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Accounts

  1. Most of the features in Measure Studio cannot be accessed without authorizing a social account via YouTube, Facebook, Instagram, X (formerly Twitter), Snapchat, TikTok, LinkedIn, or other social platforms (individually, a “Social Platform” and collectively, “Social Platforms”). If you register a Measure Studio account and/or sign in via one of our Social Platforms, you can only use that account’s data and use Product for its intended purposes, as described on our website and in marketing materials, user guides, and other documentation.

  2. You are responsible for maintaining the confidentiality of any account information, including your login and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

  3. Please notify us immediately at support@measure.studio if you have lost control of your account or password or if you suspect there is unauthorized activity in your account.

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Prohibited Actions

The following actions are prohibited by these Terms of Service:

  1. Authenticating any social media account with Measure Studio that you do not own or have explicit permission to operate.

  2. Lying to us in connection with your use of Measure Studio. This includes but is not limited to providing false information in your account registration.

  3. Posting anything that could be considered defamatory, libelous, or criminal.

  4. Opening an account without our expressed permission if we have suspended or terminated a prior Measure Studio account for you.

  5. Transferring your account to another party without notifying us and being granted permission.

  6. Exhibiting bad online behavior, such as spamming our users, distributing spyware or viruses, collecting personal information without disclosing and abiding by our Privacy Policy, or attempting to reverse engineer or hack into our Sites or Products.

  7. Bypassing any technical protections or throttling that we institute, or accessing, using, or scraping Measure Studio by any automated means unless you are a search engine crawling the Sites for the sole purpose of creating a publicly accessible search index.

  8. Willfully exploiting or bypassing your account’s permission level, manipulating records your account is not intended to access, or taking any other actions other than those you are intended to have permission to make.

  9. Attempting, in any manner, to obtain the password, account, or other security information from any other user.

  10. Running Maillist, Listserv, any form of auto-responder or “spam” on the Products, or any processes that run or are activated while you are not logged into the Products, or that otherwise interfere with the proper working of the Products (including by placing an unreasonable load on the infrastructure of the Products).

  11. Infringing or violating any intellectual property rights.

  12. Decompiling, reverse engineering, or otherwise attempting to obtain the source code or underlying ideas or information of or relating to the Products.

  13. Re-selling your Measure Studio Team Member seats, license, bulk licenses, or any other component of Measure Studio.

  14. Sharing user logins with multiple individuals to avoid Team Member billings.

  15. Registering for multiple free trials or otherwise abusing trials to avoid billings.

  16. Taking actions on the Products that we have specifically asked you not to take.

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Ownership, Copyright, and Intellectual Property

We reserve all rights, titles, and interest in Measure Studio and its trademarks, branding, and logos, including all underlying software, technology, data, and processes and any future enhancements or modifications. You may not copy, modify, create derivative works from, or distribute any content from our website or Products, or use our website or Products for any purpose not explicitly authorized by us.

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Privacy

The Measure Studio Privacy Policy can be found on our website at the following link: https://www.measure.studio/privacy-policy

You will not use Measure Studio to collect any personally identifiable information, and you will not associate any data gathered through Measure Studio 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 publish data or insights collected by using Measure Studio or show screen captures or other exported visuals from Measure Studio, you must disclose that you use Measure Studio as a third party service to collect information about your social media accounts.

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Data & Data Rights

You agree that we, and any of our subsidiaries and agents, may collect, maintain, process, and use data to which you grant us access. You agree that we may combine your data, if any, with that of others in a way that does not identify you or any individual personally. You also grant us permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

Data is acquired by Measure Studio from our Social Platforms, including public social platform data and private social platform data to which we have been granted access, and by first party information provided by users. The data is then collated, organized, manipulated, and displayed in unique ways by us, which makes the data proprietary.

Copying, storing, sharing, or selling data from Measure Studio (which includes crawling, scraping, or employing bot users, etc.) is strictly prohibited. If we detect this type of behavior, it may result in your account being suspended across Measure Studio and across all of our Sites and Products. The only way you may gather large amounts of data is through export functionality as provided within Measure Studio or any associated APIs with a valid license to use that data.

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Bulk License Users & Data Privacy

We provide a Bulk License subscription, through which a single user or company can buy multiple Measure Studio licenses and provide a dedicated Measure Studio account free of charge to others.

You acknowledge that if you use a Measure Studio account provided to you by another user or company via a bulk license, that such user or company will have access to and can download any social media data and personal information that you have provided to Measure Studio.

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Communication

When you take actions like visiting or Sites or Products or sending us emails via support or direct channels, you agree to receive communications from us electronically. We will communicate with you by email and/or by sending messages or posting notices in the Sites or Products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing. Separate from support communications, you have the right to opt in or out of Measure Studio marketing communications at any time. Other than personally identifiable information, any comments, materials, or letters sent by you to us, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”), may be deemed by us to be non-confidential and free of any claims of proprietary or personal rights. We shall have no obligation of any kind with respect to such Received Materials, and we will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute the Received Materials without limitation or restriction. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information or ideas, without compensation or any other obligations to anyone, including you.

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Links

We may provide links to other platforms, websites, or resources via Measure Studio. We have no control over the content displayed on these platforms, websites, and resources, and you acknowledge and agree that we are not responsible for the (i) availability of content on such external platforms, websites, or resources, or (ii) such external platforms, websites, and resources collecting or using your information.

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Usage of Your Branding for Measure Studio Marketing 

You acknowledge that by using Measure Studio, you grant us permission to use your or your company’s connected social media account’s name, logo, or any other marks on our Sites and in our marketing materials. You can opt out of being included on our Sites or in our marketing materials at any time by contacting support@measure.studio.

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Indemnity, Disclaimers, and Limits on Liability

  1. You will indemnify, defend, and hold harmless Measure Studio, Inc, 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 or your use of the Sites and/or Products. We reserve 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 SITES OR PRODUCTS. THE SITES AND PRODUCTS ARE PROVIDED AS IS AND AS AVAILABLE. WE DO NOT REPRESENT THAT THE SITES OR PRODUCTS WILL BE CONTINUOUSLY AVAILABLE, ERROR FREE, OR FREE OF VIRUSES, OR THAT PROBLEMS WILL BE CORRECTED. Like all Internet and technology businesses, Measure Studio and its website are vulnerable to downtime caused by (1) outages to any public Internet backbones, networks, or servers, (2) any failures of your equipment, systems, or local access services, (3) for previously scheduled maintenance, (4) inaccurate or unavailable information from third-party sources, or (5) events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or other acts of God. 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 THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SITES OR PRODUCTS, 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.

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Payments

  1. Subscriptions to our Products are billed in advance on a monthly, annual, or custom-term 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.

  2. 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.

  3. For any upgrade in plan level or number of social accounts or team members, 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 where possible. If development work is required for the upgrade, we do not guarantee a timeline for the upgrade.

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Technical Service Level 

All capitalized terms used herein and not otherwise defined in this Terms of Service or Software License Agreement shall have the meanings set forth below.

 

  1. “First Response” means the time period beginning upon Measure Studio’s receipt of a support request and ending when Measure Studio support personnel sends an initial acknowledgement of the support issue. 

  2. “Monthly Uptime Percentage” is calculated by the following formula: (Total minutes in a month - Unscheduled Downtime) / Total minutes in a month x 100. The “Total minutes in a month” excludes Scheduled Downtime. 

  3. “Resolution Time” means the time period beginning upon Measure Studio’s receipt of a Support Request and ending when (a) Measure Studio provides a reasonable solution or workaround to the issue; (b) Measure Studio determines that the issue is out of scope; or (c) Measure Studio determines that the issue requires escalation to Measure Studio engineering.

  4. “Support Request” means a notice regarding support issue submitted by Customer, which contains (1) a description of the issue, including dates and times experienced; and (2) Customer’s contact person(s) (“Customer Contact”). 

  5. “Unscheduled Downtime” means the number of minutes in a month when Customer is unable to login or place claims due to interruptions in access and functionality for which Customer has not received prior notice (“Scheduled Downtime”) or has not been identified as an emergency maintenance procedure. The number of minutes is measured from the time that Customer submits a Support Request to Customer’s designated Measure Studio support contact until such access is restored. 

  6. Limitations: Technical service level does not apply to any Unscheduled Downtime, performance, or availability issues due to factors outside of Measure Studio’s control, including (i) any force majeure event, Internet access or related problems; (ii) the result from any actions or inactions of Customer or any third party not selected by Measure Studio; or (iii) the result from the performance of planned system maintenance that has been scheduled in advance by Measure Studio and for which Customer has received prior notice.

  7. Measure Studio Services Subject to Terms of Service: Measure Studio will use commercially reasonable efforts to make the Software available to Customer with a Monthly Uptime Percentage of 99%. 

  8. Response and Resolution Times: Measure Studio support personnel will provide First Response communication within one (1) business day during Measure Studio’s normal business hours: Monday through Friday 9:00 AM to 6:00 PM EST, excluding holidays (“Normal Business Hours”) and conduct a preliminary assessment, review case details, and request any additional relevant information from Customer. 

  9. Measure Studio will employ commercially reasonable efforts to resolve each support issue within ten (10) business days. 


 

Account Suspension and Termination

  1. We reserve the right to suspend or terminate your access to Measure Studio 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, fees, or payments will be provided to you if you elect to terminate your Measure Studio plan or cancel your account prior to the end of your subscription date. Following the termination or cancellation of your subscription, we reserve the right to close your account and delete any associated data in our normal course of operations.

  3. If you close your account voluntarily, we will destroy your account’s associated social media data and personal information in compliance with GDPR law and our Privacy Policy.

  4. This Agreement will survive termination or suspension of your access to Measure Studio, its website, and any other Measure Studio, Inc Sites or Products.
     

Child Online Privacy Protection Act Compliance

The Child Online Privacy Protection Act (“COPPA”) restricts website operators from collecting or using any personal information from individuals under the age of 13. In compliance with COPPA, We do not target marketing or communications to children under 13, nor do we knowingly collect any information from children under 13 or allow plug-ins or other services to collect such information.

By using the Site or Products or posting any information about yourself, you warrant that you are at least 13 years old. In addition, you may not post any photos or other information about any individual who is under 13.

If you are a child under 13, please do not attempt to register for Measure Studio, and do not send any personal information about yourself to us.

If we learn that we have collected personal information from a child under 13, we will delete that information. If you believe that a child under 13 may have provided us personal information, please contact us at support@measure.studio.
 

Miscellaneous

  1. These Terms of Service (the “Agreement”) are applicable to all Measure Studio policies, Sites, and Products.

  2. We reserve the right to change our Terms of Service, Privacy Policy, or any other policy at any time. When we make such changes, we will post them to our Sites and you will be able to view them at the same location. Your use of the Sites and/or Products after such changes constitutes acceptance of the new terms and/or policies.

  3. We will be entitled to recover any legal fees and other costs associated with enforcing this Agreement.

  4. We are deeply committed to adhering to and being considerate of intellectual property and other rights. To report any suspected infringement, please contact us immediately at support@measure.studio.

  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 Products.

  6. This Agreement is the entire agreement between you and Measure Studio, Inc, and it replaces any other agreement between the parties on this subject for the use of Measure Studio.

  7. You cannot assign this Agreement without our written consent. We can assign this Agreement to any entity that agrees to be bound by the terms of the Agreement.

  8. These Terms of Service are governed by the laws of the State of Delaware. You agree that any action to enforce or adjudicate your rights under this Agreement shall be brought in the federal or state courts in New Castle County, Delaware, United States of America.

  9. If any provision of this Agreement is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in writing and signed by an authorized representative of the waiving party.

 

These terms were last updated on March 8, 2024.

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