Website, Data, Software and/or Service Terms & Conditions
Last updated on April 11, 2024.
1. RateZone Registration
RateZone invites companies (hereafter referred to as "Customer" or "Customers") interested in high-level market performance insights to register for access to our software. Registration is subject to review and approval by RateZone personnel.
Eligibility and Access: To be granted access, each Customer must have a validly licensed account, conforming to the terms outlined herein.
Information Accuracy: Customers are required to provide accurate and current contact information during registration. RateZone does not permit anonymous or free trials using temporary email addresses.
Account Suspension: RateZone reserves the right to suspend any accounts that do not comply with these requirements or the obligations of this Agreement.
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2. Subscription and Data Licence Grant
License Grant: RateZone grants to the Customer a limited, non-exclusive, non-transferable license to access and use the software and content via the Internet, subject to the Customer’s compliance with the terms of this Agreement and, if applicable, the specific conditions outlined in the accompanying sales quotation ("Quotation").
Fee and Payment Compliance: This license is contingent upon the Customer's timely payment of all applicable fees and adherence to the terms set forth herein and in any relevant Quotation.
Activation and Access: Access to the software, data, and content will be provided to the Customer and/or user promptly following the effective date of an executed Quotation. Should a statement of work for initial implementation be applicable, activation will occur in accordance with that statement.
Binding Agreement: Acceptance of any Quotation by the Customer, and the terms detailed therein, constitutes a binding contractual commitment to the terms of both this Agreement and the Quotation.
Transfer and Assignment: This license cannot be transferred or assigned without RateZone’s prior, express written consent.
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3. Ownership
Ownership and Licensing: All RateZone products, websites, software, content, methodologies, deliverables, documentation, and services are provided under license and are not sold. RateZone retains sole and exclusive ownership of all rights, titles, and interests in and to its products, including all intellectual property rights, copies, updates, and modifications thereof, regardless of the contributor to such properties.
Customer Rights: The Customer and/or user, including the Customer’s affiliates and users, are granted a limited, non-exclusive license to use RateZone’s products and services in accordance with the terms of this Agreement. No ownership rights are transferred under this Agreement. The Customer and/or user acknowledges that no title or ownership interest in the licensed products or content is being transferred or assigned, and that this Agreement is not to be construed as a sale of any rights in the software, content, or other properties.
Assignment of Rights: To the extent that any rights, titles, or interests in the content, methodologies, or deliverables might be acquired by the Customer, its affiliates, or users, whether created, suggested, or otherwise, such rights, titles, and interests will be automatically assigned to RateZone. The Customer hereby agrees on behalf of itself, its affiliates, and its users to assign and does assign all such rights to RateZone.
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4. Payment Terms
(a) Subscription Activation and Payment Options: This section clearly outlines the procedure for subscription activation and the payment methods available to the customers. It sets expectations about the immediacy of access to the services once payment is completed, which is crucial for setting the right customer expectations.
(b) Waiver of Right to Cancel: This part is particularly important as it deals with the legal rights of the consumer, specifying that the customer waives the right to cancel the purchase within the typical 14-day cooling-off period allowed under EU rules. It's essential that this waiver is highlighted clearly to ensure customers are aware of these terms before finalizing their purchase.
(c) Cancellation Policy
Customers may cancel their subscriptions at any time. Here are the specific terms based on the type of subscription:
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Monthly Subscriptions: Cancellation requests for monthly subscriptions must be submitted at least 24 hours before the next billing cycle to avoid charges for the next month. Cancellations will take effect the following month, and the service will remain active until the end of the current billing period.
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Annual Subscriptions: For annual subscriptions, cancellations must be communicated at least 30 days before the renewal date to avoid charges for the next year. Cancellations will take effect at the end of the current subscription term, allowing continued access to the services until that time.
To cancel your subscription, please follow the steps outlined on our website under the “Manage Subscription” section, or contact our customer support team for assistance. Note that you will not be eligible for a prorated refund of any portion of the subscription fees paid for the unused days of the then-current subscription term.
5. Term and Renewal
(a) Subscription Term and Renewal: All subscriptions to RateZone are offered on either a monthly or annual basis and require pre-payment. Each subscription automatically renews under the same terms unless the Customer provides RateZone with a written cancellation notice at least 2 days prior to the renewal date.
(b) Determination of Renewal Date: The renewal date for any subscription is determined by the date on which the user initially purchased the subscription. This date remains consistent across all subsequent renewals, regardless of any changes or interruptions that may occur during the subscription period.
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6. Termination
Termination for Cause: RateZone reserves the right to terminate any subscription and discontinue service if it detects any inappropriate or unauthorized use of its services. Such uses include but are not limited to breaches of the user agreement, illegal activities, or actions that disrupt the services or harm other users.
Notice of Termination: RateZone will provide the customer with a written notice of termination, specifying the reason for such action. Customers will have the opportunity to address the concerns within a specified period, unless the nature of the breach requires immediate termination to prevent further damage or liability.
Effects of Termination: Upon termination, all rights and accesses granted to the customer will cease immediately, and the customer must cease all use of the services. Any data or content associated with the customer's account may be permanently deleted.
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7. Customer Administrator
(a) Role and Access Rights: Each Customer account will have a designated Customer Administrator who serves as the primary contact and account manager. The Customer Administrator is granted exclusive access rights to manage the subscription, including the authority to purchase upgrades, add new users, and assign user roles within the system.
(b) Exclusive Permissions: The Customer Administrator is the only individual, aside from RateZone administrators acting upon the Customer's request, who can make changes to the account settings and user permissions.
(c) Adding Users: To add additional users beyond the initial setup, the Customer Administrator must consult with a RateZone administrator to discuss the terms and conditions applicable to new user additions, ensuring compliance with RateZone’s policies and subscription limits.
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8. Named User and Passwords
(a) Password Licensing and User Assignment: Each user within the Customer's organization must be assigned a unique password, which is licensed to that individual user only. This password grants the registered user the exclusive right to access and use the software.
(b) Security Measures: The Customer is responsible for ensuring that all users comply with the security protocols for handling passwords and login credentials. Users must take appropriate steps to maintain the confidentiality and security of their passwords.
(c) Password Reassignment: The Customer may reassign a password from one user to another, provided the password is not concurrently used by more than one user. Password sharing or simultaneous use by multiple users of a single password is strictly prohibited.
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9. Account Upgrading
(a) Payment for Upgrades: Upon opting for an account upgrade, payment must be made immediately. Access to the upgraded features will be available once the payment is successfully processed.
(b) Proration of Upgrade Costs: The cost of upgrading will be prorated based on the remaining time until the next renewal date. Customers will receive a pro-rated credit for the unused portion of their current plan, which will be applied to the cost of the upgraded plan.
(c) Quotation and Billing Adjustments: The new payment amount for each upgraded user will be detailed in the applicable quotation provided at the time of the upgrade. This quotation will reflect any adjustments made due to proration and the remaining term of the subscription.
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10. Privacy
(a) Commitment to Privacy: RateZone is committed to respecting your privacy and safeguarding your data. We ensure that no information collected can identify specific search strings, research trends, or any other details that may compromise a user's privacy.
(b) Privacy Policy: For detailed information about how we collect, use, and protect your personal information, please refer to the RateZone Privacy Policy, which is incorporated by reference into these Terms and Conditions and can be found [here]. This policy provides transparency into our privacy practices and explains your rights and how to exercise them.
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11. Confidential Information
(a) Definition of Confidential Information: "Confidential Information" includes any information, whether or not it contains or constitutes trade secrets, that is received or accessed by one party ("Recipient") from the other party in connection with this Agreement. This encompasses information that is:
Explicitly identified as confidential at the time of disclosure or within 30 days thereafter.
Should reasonably be understood to be confidential.
Includes all software, content, methodologies, deliverables, documentation, customer and/or user data, network data, and access thereto.
(b) Obligations to Protect Confidential Information: The Recipient agrees to:
Protect and keep all received or accessed Confidential Information confidential, including all copies and passwords, with at least the same degree of care as used for its own confidential information of similar nature but no less than reasonable care.
Use the Confidential Information solely for the purposes of fulfilling obligations under this Agreement, adhering to all related limitations and restrictions.
Ensure that any Confidential Information disclosed to employees, subcontractors, and users on a need-to-know basis is done so under strict confidentiality obligations similar to those specified in this Agreement.
Prevent any disclosure of sensitive software details, methodologies, or technical information to competitors of RateZone.
(c) Exceptions to Confidentiality Obligations: The Recipient's confidentiality obligations do not apply to any information that:
Is or becomes publicly known through no fault of the Recipient.
Was in possession of the Recipient prior to disclosure by the other party without a confidentiality obligation.
Is received from a third party free to disclose such information.
Is independently developed by the Recipient without use of or reference to the other party's Confidential Information.
Must be disclosed under law, court order, or as required by a governmental or regulatory authority, provided that the Recipient gives reasonable advance notice to the other party to contest such disclosure.
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12. Software Information Collection
(a) Data Collection Practices: RateZone collects anonymized usage data to enhance and manage our software effectively. This includes logging activities such as the types of operations performed (e.g., running a chart) without collecting or storing details about the content itself or any identifiable user data. All information collected is in full compliance with our Privacy Policy.
(b) Privacy Compliance: We ensure that our data collection methods respect user privacy and are designed to protect personal and sensitive information. For further details on how we handle your data, please refer to our Privacy Policy.
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13. Disclaimer and Limitation of Liability
(a) Disclaimer of Warranties: All information and/or data derived from the use of this website, the software, and/or services related thereto are provided "AS IS" without warranty of any kind. RateZone does not provide legal advice or any professional services and expressly disclaims any reliance on the information provided as such.
(b) Exclusion of Warranties: RateZone disclaims all warranties and representations, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of data. RateZone does not warrant that the software will meet your specific requirements or that its operation will be uninterrupted or error-free.
(c) Limitation of Liability: RateZone shall not be liable for any special, incidental, indirect, punitive, or consequential damages, including loss of profits, data, business, or goodwill, arising out of or in connection with the use of the website, software, or services, regardless of whether RateZone has been advised of the possibility of such damages.
(d) Cap on Liability: The total liability of RateZone for any claims arising out of or related to the use of the website, software, or services shall not exceed the amount paid by the customer to RateZone during the twelve months preceding the most recent claim.
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14. Misuse and Abuse of Data
(a) Unauthorized Access and Scraping: Unauthorized access or scraping of RateZone and its associated products' databases through automated methods is strictly prohibited unless explicitly permitted under a written scraping agreement with RateZone. Unauthorized copying, disassembly, resale, or redistribution of any data from this site in any form is also forbidden. RateZone reserves the right to take any action against violations, including site bans and legal action.
(b) Prohibited Activities Without Consent: Without prior written consent from RateZone, you, or any party acting on your behalf, are prohibited from:
Copying, harvesting, crawling, indexing, scraping, mining, or otherwise extracting RateZone content, whether through automated processes or manually.
Using RateZone content to train AI/Machine Learning/Generative AI tools.
Utilizing RateZone content in any manner that violates intellectual property rights or other proprietary rights of third parties.
Engaging in any activity with RateZone content that is illegal, harmful, or offensive.
Interfering with or disrupting the operation of the service or other users’ enjoyment of the service.
(c) Right to Ban: RateZone reserves the right to ban any user without notice, who, in RateZone’s sole opinion, abuses the data or databases, regardless of the method used.
(d) Legal Compliance: All users must comply with all applicable laws, statutes, ordinances, rules, and regulations. Users must not use the RateZone website or software for any activities that facilitate collusion or any other illegal or unethical acts.
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15. Non-Solicitation
(a) Non-Solicitation Commitment: Both parties, including their affiliates, agree that without prior written consent from the other party, they will not during the term of this Agreement and for a period of six months following its termination, directly or indirectly, solicit, offer employment to, hire, or engage in any employment, consulting, or other professional arrangement with any employee or consultant who has been engaged by the other party or its affiliates at any time during the term of this Agreement.
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16. Notices
(a) Notice Requirements: All notices, requests, consents, and other communications required or permitted under this Agreement must be in writing and will be considered given when:
Delivered personally,
Sent by telephonic facsimile with confirmation of transmission,
Sent by a commercial delivery service with tracking and fees prepaid,
Sent by certified or registered mail, postage prepaid, with return receipt requested.
(b) Addresses for Notices:
To RateZone: Chief Operations Officer, AM Advisory s.r.o.
To Customer: The billing address provided with any purchase.
(c) Changes to Contact Information: Either party may change their designated contact address or fax number for receiving notices by notifying the other party in writing, using any of the methods specified above.
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17. Governing Law; Arbitration/Litigation
(a) Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law principles.
(b) Arbitration for Smaller Claims:
Claims Under €10,000: All claims, disputes, or causes of action between us, relating to or arising from this Agreement, where the total amount claimed is less than €10,000, must be resolved through mandatory, binding arbitration at [specify location or arbitration institution].
Procedure: The arbitration shall be conducted in accordance with the rules and procedures of the specified arbitration institution, which will be chosen in accordance with the severity and nature of the dispute.
(c) Litigation for Larger Claims:
Claims Over €10,000: Any claim, dispute, or cause of action where the total amount exceeds €10,000, or any other matter not suitable for arbitration, shall be filed and adjudicated in [specify court or jurisdiction].
Waiver of Equitable Relief: You irrevocably waive any right to seek or obtain injunctive or other equitable relief, and any defense of forum non conveniens.
(d) Recovery of Litigation Costs: Should either party initiate any judicial or administrative action outside of the scope of the binding arbitration provision, including any litigation concerning matters eligible for arbitration, the responding party is entitled to recover its costs, expenses, and attorney's fees incurred due to such action.
(e) Prohibition of Class Actions: All disputes, claims, and causes of action arising out of or connected with this Agreement must be resolved individually, without resort to any form of class action.
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18. Venue
(a) Jurisdiction: All legal proceedings arising out of or in connection with this Agreement must be brought solely in the courts located within the Czech Republic. This designation applies to all disputes except as provided below.
(b) Exceptions for Enforcement and Equitable Relief: Notwithstanding the above, actions to enforce a judgment or an arbitral award or to seek injunctive relief may be brought in any court of competent jurisdiction where the enforcing party chooses to file.
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19. Injunction
(a) Right to Injunctive Relief: In the event of a breach, or any attempt or threat to breach the confidentiality, license restrictions or limitations, ownership, or non-solicitation provisions of this Agreement, the non-breaching party shall be entitled to seek injunctive relief against the breaching party. This entitlement to injunctive relief is in addition to, and not in lieu of, any other remedies that may be available under this Agreement or provided by law or in equity, including the recovery of damages.
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20. Export Compliance
(a) Compliance with Export Laws: The Customer and/or user agrees to fully comply with all applicable export laws and regulations of the Czech Republic and any other relevant jurisdiction to ensure that the Software, Content, Data Methodologies, Documentation, Deliverables, and any direct products thereof are not:
Exported, directly or indirectly, in violation of these laws, or
Used for any purposes prohibited by these laws, including, but not limited to, the proliferation of nuclear, chemical, or biological weapons.
(b) Adherence to Regulatory Requirements: The Customer and/or user must also comply with all local regulations and registration procedures required by law to make this Agreement enforceable.
(c) Conditional Licensing: The licenses granted under this Agreement are contingent upon the Customer's and/or user’s ongoing compliance with this section.
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21. Official Language
(a) Use of English: The official language used for this Website, the Agreement, and all related documentation and communications between the parties shall be English. This includes, but is not limited to, all reports, written communications, and contractual documents.
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22. Entire Agreement, Amendments
(a) Entire Agreement: This Agreement represents the entire, final, and exclusive statement of the terms between the parties regarding its subject matter. It supersedes all previous agreements, promises, proposals, representations, and understandings, whether written or oral, between the parties or their representatives concerning the topics covered herein. This includes overriding any terms in a Customer and/or user purchase order or other ordering document not explicitly incorporated into this Agreement.
(b) Modifications: No amendment or modification of this Agreement shall be effective unless it is in writing and signed by authorized representatives of both parties.
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23. Waiver
(a) Conditions for Waiver: No provision of this Agreement may be waived except by a written document explicitly stating the waiver and signed by a duly authorized representative of the party granting the waiver.
(b) Scope of Waivers: A waiver granted under this Agreement shall apply solely to the specific instance and occurrence for which it is granted. It does not constitute a waiver for any other instance or a continuing waiver unless such intent is expressly stated in the written waiver.
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24. Severability
(a) Handling Invalid or Unenforceable Provisions: If any provision of this Agreement is held by a court or arbitral tribunal of competent jurisdiction to be invalid, illegal, void, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the parties as much as possible. If such modification is not possible, the provision shall be severed from this Agreement.
(b) Impact on Remaining Provisions: The remainder of this Agreement shall continue in full force and effect, unaffected by the severance.
(c) Substantial Alteration of the Agreement: If the modification or removal of the invalid or unenforceable provision substantially alters the fundamental terms of the Agreement, thereby affecting the basis of the bargain between the parties, the Agreement may be deemed terminated by mutual consent of the parties.
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25. Assignment
(a) Binding Effect: The rights and obligations of the parties under this Agreement will bind and benefit their respective successors, permitted assigns, and legal representatives.
(b) Restrictions on Assignment by Customer: This Agreement is personal to the Customer and/or user. As such, the Customer and/or user may not assign or transfer its rights or delegate its obligations under this Agreement, whether directly or indirectly, by operation of law or otherwise, without the prior written consent of RateZone. Exceptions are made for:
A transfer in connection with the sale or other disposition of all or substantially all of the Customer’s and/or user's assets or in the event of a merger, consolidation, or change of control;
Provided that the acquiring or surviving entity is not a competitor of RateZone, agrees in writing to assume all obligations under this Agreement, and RateZone has given its prior written consent, which shall not be unreasonably withheld or delayed.
(c) RateZone’s Rights to Assign: RateZone reserves the right to assign or transfer this Agreement, or any rights hereunder to any third party without requiring the consent of the Customer and/or user. RateZone will notify the Customer and/or user of any such assignment or transfer. RateZone may also delegate the performance of certain aspects of this Agreement to third parties, provided it maintains responsibility for those services.
(d) No Release: No assignment or transfer will release the assignor from liability under this Agreement unless such release is expressly agreed to in writing by the other party.
(e) Void Transfers: Any attempted assignment or transfer in violation of this section shall be void and without effect.
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