Last Updated: April 5th, 2017
Welcome to the Piwik Marketplace (the “Piwik Marketplace”), an online marketplace for on-demand applications and downloadable software applications (“Piwik Marketplace Plugins”) that interoperate with applicable Piwik Analytics platform (as defined below). By visiting the Piwik Marketplace website, you agree that your visiting and use of the Piwik Marketplace website is governed by the legally binding terms and conditions described in these Piwik Marketplace Terms and Conditions (“Terms and Conditions”), which you acknowledge represents an agreement between you and InnoCraft Ltd (https://www.innocraft.com/), a New Zealand company (NZBN 6106769) (“InnoCraft”). If you are agreeing to these Terms and Conditions on behalf of a company or other organization, you represent that you have the authority to bind that company or organization to these Terms and Conditions, and the terms “you” and “your” will refer to that company or organization. If you do not have that authority, or if you do not agree with these Terms and Conditions, you may not use and you must leave the Piwik Marketplace.
IF YOU USE THE PIWIK MARKETPLACE, INCLUDING ANY ASSOCIATED PIWIK MARKETPLACE PLUGINS, YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS.
1. The Piwik Marketplace
In the Piwik Marketplace (https://plugins.piwik.org/), you can access, browse, purchase and/or download Piwik Marketplace Plugins. Piwik Marketplace Plugins include any software, content, services, technology, data and other digital materials included in or made available through a Piwik Marketplace Plugin that you download or use via the Piwik Marketplace (including after you download it). Piwik Marketplace Plugins also include any updates, upgrades and other changes thereto and versions thereof that you later use or download from the Piwik Marketplace. InnoCraft may make some Piwik Marketplace Plugins available via the Piwik Marketplace at no charge and others for a price. Most of the Piwik Marketplace Plugins made available on the Piwik Marketplace are provided and licensed to you by third parties, as described in these Terms and Conditions.
2. Using and Downloading Piwik Marketplace Plugins
a. General. After you order a Piwik Marketplace Plugin and pay any corresponding fees to InnoCraft, you may use and/or download the Piwik Marketplace Plugin for your use on a device on which you have installed (or otherwise access) a Piwik Analytics Platform with which the Piwik Marketplace Plugin is designed to interoperate (a “Piwik Analytics Platform”). Piwik Marketplace Plugins can be used only on devices that also have a Piwik Analytics Platform installed (or through which a Piwik Analytics Platform is otherwise accessed).
3. Use of and Restrictions on Piwik Marketplace Plugins
a. Separate Licenses to Use Piwik Marketplace Plugins. Your use of a Piwik Marketplace Plugin (including Free Piwik Marketplace Plugins) will be governed by the terms and conditions of an end user license agreement between you and the publisher (“Publisher”) of the Piwik Marketplace Plugin (a “EULA”). In the event InnoCraft is the Publisher of a Piwik Marketplace Plugin, then such Piwik Marketplace Plugin will be governed by the terms and conditions of InnoCraft’s End User Agreement located at https://www.innocraft.com/license (the “InnoCraft EULA”).
With respect to all Piwik Marketplace Plugins (other than the Free Piwik Marketplace Plugins), the EULA for a Piwik Marketplace Plugin includes the terms set forth below (the “Standard EULA”) and any additional end user license terms included in or with the Piwik Marketplace Plugin (the “Publisher EULA”). If there is a conflict between the Standard EULA and the Publisher EULA, the Standard EULA will control (but, for clarity, the InnoCraft EULA, and not the Standard EULA, will apply to all Piwik Marketplace Plugins published by InnoCraft). The Publisher has the right to enforce the EULA against you. If you do not want to comply with the EULA for a Piwik Marketplace Plugin, you must not use that Piwik Marketplace Plugin. InnoCraft is not a party to the EULA for any Piwik Marketplace Plugin (unless InnoCraft is the Publisher of that Piwik Marketplace Plugin). The Standard EULA includes the following end user license terms, and if the Piwik Marketplace Plugin does not include a Publisher EULA, these terms will constitute the entire EULA between you and the Publisher:
(i) The Publisher is the licensor of the Piwik Marketplace Plugin and InnoCraft is not a party to the Publisher EULA or this Standard EULA, as applicable.
(ii) If the Piwik Marketplace Plugin does not include a Publisher EULA that specifies Piwik Marketplace Plugin license rights, Publisher grants you a limited, worldwide, non-exclusive, non-transferable and non-sublicensable license to download and use the Piwik Marketplace Plugin only on hardware systems owned, leased or controlled by you.
(iii) Licenses granted by Publisher are granted subject to the condition that you must ensure the maximum number of Authorized Users that are able to access and use the Piwik Marketplace Plugin concurrently is equal to the number of User Licenses for which the necessary fees have been paid to InnoCraft for this subscription period. You may upgrade your license at any time on payment of the appropriate fees to InnoCraft in order to increase the maximum number of authorized users. “User License” means a license granted under this EULA to you to permit an Authorized User to use the Piwik Marketplace Plugin. The number of User Licenses granted to you is dependent on the fees paid by you. “Authorized User” means a person who has an account in the Piwik Analytics Platform and could use a Piwik Marketplace Plugin under the EULA and for which the necessary fees (“Subscription fees”) have been paid to InnoCraft for the current subscription period.
(iv) License permits the deployment and use of a single instance of the software in a single Piwik production environment. Additional licenses must be purchased in order to deploy the Piwik Marketplace Plugin in multiple Piwik instances, including when these multiple Piwik instances are hosted on a single hardware system.
(vi) You may not reverse engineer or disassemble or re-distribute the Piwik Marketplace Plugin in whole or in part, or create any derivative works from or sublicense any rights in the Piwik Marketplace Plugin, unless otherwise expressly authorized in writing by Publisher.
(vii) The Piwik Marketplace Plugin is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the Publisher EULA, Publisher or its licensors own all title, copyright and other intellectual property rights in the Piwik Marketplace Plugin, and the Piwik Marketplace Plugin is licensed to you directly by the Publisher, not sold.
End of Standard EULA
b. Information Provided by InnoCraft to Publisher. You hereby explicitly acknowledge and authorize InnoCraft to, in connection with your purchase of one or more Piwik Marketplace Plugin(s), provide the Publisher with the information provided by you in completing the purchase (including without limitation, your name, company name (if any), addresses (including e-mail address) and phone number).
c. Consent to Use Data. You agree that Publisher and InnoCraft may collect and use technical data and related information, including without limitation, technical information relating to your device, system, Piwik Marketplace Plugin, that is gathered periodically to facilitate the provision of software updates, product support, marketing efforts and other services to you related to the Piwik Marketplace Plugin. Publisher and InnoCraft may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technology to you (including with respect to InnoCraft, the Piwik Marketplace and Piwik Analytics Platform).
e. Disclaimer. You agree that you bear all risks associated with using or relying on Piwik Marketplace Plugins from the Piwik Marketplace. InnoCraft does not in any way warrant the accuracy, reliability, security, completeness, usefulness, non-infringement, or quality of any Piwik Marketplace Plugins (including without limitation any applications or content contained therein), regardless of who originated that content (including InnoCraft, and InnoCraft’s employees, partners, affiliates or moderators), and even if a Piwik Marketplace Plugin complies with the Marketplace Guidelines. InnoCraft hereby disclaim all warranties, including but not limited to any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose, relating to such Piwik Marketplace Plugins. InnoCraft shall not be liable or responsible in any way for any losses or damage of any kind, including lost profits or other indirect or consequential damages, relating to your use of or reliance upon any Piwik Marketplace Plugins in the Piwik Marketplace. A significant portion of the Piwik Marketplace Plugins in the Piwik Marketplace are provided by parties other than InnoCraft. The third-party content included in the Piwik Marketplace Plugins is the sole responsibility of the Publisher of that content. InnoCraft is not responsible for any third-party content, whether or not it reviewed or moderated such content.
f. Indemnification. You agree to indemnify and hold InnoCraft and its subsidiaries, affiliates, officers, agents, and employees harmless from any claims by third parties, and any related damages, losses or costs (including reasonable attorney fees and costs), arising out of content you submit to or publish on the Piwik Marketplace, your use of the Piwik Marketplace or any Piwik Marketplace Plugins, your violation of these Terms and Conditions or the EULA, or your violation of any rights of a third party.
g. Compliance with Law and Reservation of Rights. You will use the Piwik Marketplace and Piwik Marketplace Plugins in compliance with all applicable laws. Except for the rights explicitly granted to you in these Terms and Conditions and in the EULA for each Piwik Marketplace Plugin, all right, title and interest in the Piwik Marketplace and the Piwik Marketplace Plugins are reserved and retained by their respective providers, publishers and rights holders. You do not acquire any ownership rights in the Piwik Marketplace or the Piwik Marketplace Plugins as a result of downloading, installing or using the Piwik Marketplace or the Piwik Marketplace Plugins.
h. Support and Maintenance of Piwik Marketplace Plugins. Any support and maintenance of the Piwik Marketplace Plugins shall be provided by the Publisher and only to the extent described in the EULA. You agree and acknowledge that InnoCraft has no responsibility for providing such support and maintenance. Failure of Publisher to provide support and maintenance will not entitle you to any refund of fees from InnoCraft in connection with obtaining the applicable Piwik Marketplace Plugin and/or support and maintenance.
i. Sales Contract. You agree and acknowledge that InnoCraft is the reseller of the Piwik Marketplace Plugin, you are purchasing the Piwik Marketplace Plugin from InnoCraft and you are required to make the related payments directly to InnoCraft. The sales contract between you and InnoCraft includes these Terms and Conditions and the applicable invoice provided to you by InnoCraft. Notwithstanding the foregoing, the license to the Piwik Marketplace Plugin is provided directly to you by the Publisher as described in the Standard EULA and Publisher EULA, as applicable.
Subscription fees are payable in advance. By purchasing a Subscription, you authorize InnoCraft to charge your payment method immediately and on a pre-pay basis for the Subscription period indicated. InnoCraft may suspend any aspect of the Piwik Marketplace Plugin which you have not paid for, or for which the Subscription has expired or is not valid.
To avoid a potential disruption to your Subscriptions, we offer automatic renewal, and it is enabled by default for all purchases. Unless you notify InnoCraft before the end of the applicable Subscription period that you want to cancel, your Subscription will automatically renew, and you authorize InnoCraft to collect the then-applicable annual fee (which may change) for such Subscription (as well as any taxes that InnoCraft has the legal obligation to collect or pay) using any credit card or other payment mechanism we have on record for you. To cancel, you can go to the “My Account” page on shop.piwik.org and cancel your subscription.
You may claim a refund of any fees you have paid for any Subscription within 14 days of your purchase. Your use of the Piwik Marketplace Plugin you are claiming a refund for may be terminated when you are refunded.
5. Reviews of Piwik Marketplace Plugins
The Piwik Marketplace allows you to post reviews of Piwik Marketplace Plugins you have used, and to post comments on such reviews. To be useful to other users, those reviews and comments you post must be made in good faith after reasonable evaluation of the full application. Therefore:
- You may post only one review per application, unless the later review reflects a good-faith rating change based on further evaluation.
- If you post a review of, or comment on, a Piwik Marketplace Plugin for which you are the Publisher, you must disclose your affiliation.
- If you post a review of, or comment on, a competitor’s Piwik Marketplace Plugin, you must disclose your affiliation.
InnoCraft reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Piwik Marketplace. Content unrelated to a review or comment of the relevant Piwik Marketplace Plugin – for example, discussing InnoCraft’s employees, business or stock, or those of other companies, or unrelated products or services – is prohibited. In addition, reviews and comments may not contain content that:
- is harmful, threatening, abusive, insulting, harassing, defamatory, libelous, profane, sexually explicit, obscene, or otherwise offensive or objectionable;
- is false, fraudulent or misleading;
- violates applicable law, including any privacy, intellectual property or other rights of a third party, or suggests or encourages unlawful activity;
- constitutes advertising or any other form of commercial solicitation; or
- impersonates any other person or entity, including any of InnoCraft’s employees.
a. U.S. Government Users. If you are a U.S. Government end user, the Publisher is providing the Piwik Marketplace Plugins to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights granted to you by the Publisher for the Piwik Marketplace Plugins are the same as the rights the Publisher customarily grant to others under the EULA.
b. Termination; Amendments. Your rights under these Terms and Conditions will automatically terminate without notice from InnoCraft if you fail to comply with any of its terms. In case of such termination, you must cease all use of the Piwik Marketplace and the Piwik Marketplace Plugins, and InnoCraft may immediately revoke your access to the Piwik Marketplace and Piwik Marketplace Plugins without notice to you and without refund of any purchases. Our failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of InnoCraft’s rights. InnoCraft may amend any of these Terms and Conditions terms at its sole discretion by posting the revised terms on the shop.piwik.org website. Your continued use of the Piwik Marketplace or the Piwik Marketplace Plugins after the effective date of the revised Terms and Conditions constitutes your acceptance of such revised terms.
c. Damages Cap. InnoCraft, our affiliates, officers, directors, contractors and employees will have no direct, consequential, special, indirect, exemplary, punitive, or other liability arising out of or relating to this agreement, even if advised of the possibility of such liability and notwithstanding any failure of essential purpose of any limited remedy. In the event that the above is not enforceable, InnoCraft’s total aggregate liability under this agreement, regardless of the number of claims, related or not, is limited to amounts paid or payable to InnoCraft by you under this agreement during the 12 months preceding the events first giving rise to the claim.
d. Governing Law; Arbitration. These Terms and Conditions are governed by the laws of New Zealand, and, subject to the following sentence, the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New Zealand. The terms of the United Nations Convention on Contracts for the Sale of Goods do not apply to these Terms and Conditions.
e. DMCA Process. If you believe that any content in the Piwik Marketplace violates your copyright, please notify InnoCraft’s copyright agent in writing. The contact information for InnoCraft’s copyright agent is at the bottom of this section. InnoCraft cannot take action unless you give us all the required information. In order for InnoCraft to take action, you must do the following in your notice:
(i) provide your physical or electronic signature;
(ii) identify the copyrighted work that you believe is being infringed;
(iii) identify the item that you thinks is infringing and include sufficient information about where the material is located (including which website) so that InnoCraft can find it;
(iv) provide InnoCraft with a way to contact you (such as address, telephone number, or email);
(v) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by InnoCraft; and
(vi) provide a statement that the information you provide in the notice is accurate, and that (under penalty of perjury), you are authorized to act on behalf of the copyright owner whose work is being infringed.
Here is the contact information for InnoCraft’s copyright agent:
Copyright Enforcement, InnoCraft Ltd
g. Assignment. You may not assign or transfer the agreement formed by your agreeing to these Terms and Conditions. InnoCraft may freely assign, transfer, and delegate its rights and obligations under these Terms and Conditions. You acknowledge and agree that InnoCraft’s affiliates, contractors and service providers may exercise all rights of InnoCraft under these Terms and Conditions.
h. Contact Information. For communications concerning these Terms and Conditions, please write to firstname.lastname@example.org.
Address: InnoCraft Ltd (Piwik), 150 Willis st, Level 6, Catalyst House, 6011 Wellington, New Zealand.