1. Introduction
These Terms of Service (“Terms”) govern the use of the My Storage feature (“Service”) provided by OKVIZ (“Company,” “we,” “us,” or “our”). My Storage is available exclusively within the Full edition of the Synoptic Panel custom visual for Power BI (“Synoptic Panel”). By accessing, using, or purchasing the Service, you (“you” or “User”) agree to these Terms. If you do not agree, you must not use the Service.
2. Eligibility and Account Credentials
To use My Storage, you must have a valid license for the Full edition of the Synoptic Panel. When you purchase this license, you will be provided with an “Edit Key,” which serves as your administrative credential to list, manage, and edit Maps stored in My Storage. Without the Edit Key, you cannot access the editing interface or manage uploaded content. You are solely responsible for maintaining the confidentiality of your Edit Key and any optional edit passwords you set on individual Maps.
3. Service Description
My Storage provides an online storage space (up to 100MB) hosted on third-party servers (e.g., Microsoft Azure) in a region you select (e.g., North US, West Europe, East Australia). The Service allows you to upload, store, and manage SVG files (“Maps”) for use within the Synoptic Panel.
Encryption (Optional):
You may opt to locally encrypt your Maps before uploading them to My Storage. If you choose encryption, you must retain and safeguard your encryption key. We do not store or have access to your encryption key, and we cannot restore or decrypt your encrypted Maps if you lose this key.
4. Use of the Service
- Access and Integration: You may upload Maps and integrate them into your Synoptic Panel reports.
- Security and Confidentiality: Although we take commercially reasonable measures to maintain the security and integrity of the Service, we cannot guarantee absolute security. If you opt for encryption, your security depends primarily on your safe handling of the encryption key. If the encryption key is lost, your encrypted Maps are irretrievably locked.
- Availability and Modifications: We strive to provide reliable and continuous access but may modify, suspend, or discontinue the Service at any time, with or without notice, and without liability to you. You understand that data loss can occur despite precautions.
5. User Responsibilities
- Content Ownership and Rights: You represent and warrant that you own or have the necessary rights to any Maps or related content you upload.
- Legal Compliance: You must comply with all applicable laws and these Terms.
- Security Practices: You must keep your Edit Key, any edit passwords, and your encryption keys secure. You are responsible for all activities under your credentials. The Company will not be liable for any loss or damage arising from your failure to maintain adequate security measures.
6. Intellectual Property
All intellectual property rights in and to the Service, including the Synoptic Panel visual, remain with the Company or its licensors. These Terms do not grant you any rights to Company trademarks or other brand features.
7. Privacy
Your use of the Service is subject to the Company’s Privacy Policy, which explains how we collect, process, and protect your personal data. By using the Service, you agree to the practices described in our Privacy Policy.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SECURITY. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- NEITHER THE COMPANY NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, NOR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY UPLOADED CONTENT, INCLUDING YOUR MAPS, MAY BE IRRETRIEVABLY LOST OR DAMAGED. IN THE EVENT OF ANY DATA LOSS (WHETHER DUE TO SERVER FAILURE, HUMAN ERROR, OR ANY OTHER REASON), YOU UNDERSTAND THAT YOU SHALL NOT BE ENTITLED TO ANY COMPENSATION OR DAMAGES, AND YOU AGREE NOT TO COMMENCE ANY LEGAL ACTION AGAINST THE COMPANY FOR SUCH LOSS.
- IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, licensors, and suppliers from any claims, costs, losses, damages, and liabilities (including attorneys’ fees) arising out of or related to your use of the Service, your content, or your breach of these Terms.
11. Governing Law and Dispute Resolution
These Terms and any dispute arising out of or in connection with these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles. Any legal action arising out of or relating to these Terms or the Service shall be instituted exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.
12. Changes to These Terms
We may revise these Terms from time to time by posting an updated version. Your continued use of the Service after any changes constitutes your acceptance of the revised Terms. We encourage you to review the Terms periodically.
13. Severability and Waiver
If any provision of these Terms is found unenforceable, it shall not affect the validity and enforceability of the remaining provisions. The failure of the Company to enforce any provision shall not constitute a waiver of that provision.
14. Entire Agreement
These Terms, along with the Privacy Policy and any other referenced documentation, form the entire agreement between you and the Company regarding the Service and supersede all prior understandings or agreements.