Rainbow Tech Terms and Conditions of Service Use
Effective as of 2022-03-01
Thank you for choosing Rainbow Tech Information (H.K.) Limited (“Rainbow Tech Information”, “Rainbow Tech”, “We”, “Us”, “Our”). Rainbow Tech provides data analytics related services and solutions and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these Rainbow Tech intellectual properties, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our deliverables, including but not limited to AutoBizight, (collectively the “Service”), or accessing any output or report made available through the Service, you are entering into a binding contract with Rainbow Tech.
Rainbow Tech’s Service, and conditions for the provision of Service, may continue to change over time as we refine, add or remove features, including content, availability, functionality, etc. We may therefore revise the Agreements from time to time and post the most recent version on Rainbow Tech website. Please make sure you have carefully read, understood, and agreed to be bound by these Agreements before using our Service, and check our website regularly for updates.
If you are using Rainbow Tech’s Service on behalf of an organization, you agree to the Agreements on behalf of that organization and promise that you have the authority to bind that organization to these Agreements. In that case, “you” and “your” will refer to both you and the entity you are representing.
It’s your responsibility to ensure that you have the rights or permission needed to perform the contractual obligations under the Agreements.
Registration to Rainbow Tech entitles you to a limited-time use of Rainbow Tech’s Service for the purpose of evaluation only. Any further use of the Rainbow Tech’s Service may require a subscription at cost.
An active subscription to Rainbow Tech’s Service includes access for up to the specified number of users within the specified term (time duration). An email notice will be sent to the “Account Owner” (as defined hereinafter) two (2) months prior to the automatic renewal of the Service subscribed, in which the exact amount of the subscription fee, as well as an option to withdraw will be provided.
Uploading and storing data on the Rainbow Tech server is subject to storage limits as described in the “Storage Limits” section (under Clause 9) below.
3. Account User
Your subscription specifies a number of named users, which for licensing purposes are the “Account Owner” and “Designated Users” (as defined hereinafter).
Using Rainbow Tech’s user interface, Account Owner can delegate access permission to Designated Users up to the specified total number of users (inclusive of the Account Owner him or herself), as described under the subscription offer found in Rainbow Tech’s website, to which the Account Owner is entitled.
Account Owner may, at discretion, refuse or restrict access to his/her entitled Service by any of the Designated Users, and the corresponding rights will be suspended as a result. Account Owner may reallocate his/her User IDs and assign one count to alternate Designated User, without retaining or restoring any reports created under the User ID owned by the withdrawn user.
4. Account Owner
An Account Owner is a named user who can log into Rainbow Tech’s webpage, use our Service and create data analytics reports; under specific Service Plans (as stated under Clause 5), Account Owner is also the sole user possessing the authority to define and delegate access rights to Designated Users up to the specified number of users allowed.
5. Designated User
A Designated User is a named user as defined by the Account Owner granted with restricted capabilities as described below:
Designated User access is only available for subscribers of specific Service Plan(s), namely，the existing “Sales Analysis” and “Sales Analysis Pro”; and any comprehensive plans alike of same or higher subscription fees, which may come up from time to time.
Designated Users may create reports of his/her own, publish and share same reports across all Users under the same Account in a read-only fashion.
Designated Users are limited to solely viewing of reports created by other Users, including that of the Account Owner, and may not drill-down, drill-through, modify, remove or share any of such reports created by others or the data sources associated.
Designated Users cannot allocate their own storage resources. They share the storage limits of the Account Owner’s.
You can sign up for subscription of the Service listed on our website and make your payment online using your credit card or PayPal account. By undertaking this action, you acknowledge and agree that your purchase with us will be irrevocable, your subscribed Service non-exchangeable, and your payment made non-refundable. We may also accept a purchase order from you as a part of our custom made Enterprise Analytics Solution (“Enterprise Solution”) you have subscribed for, where contractual obligations are to be construed in accordance with the provisions set out in the respective individual agreement established between you and Rainbow Tech.
7. Fixed-Term Subscription and Purchase Order for Enterprise Solution
Rainbow Tech reserves the right to reject at discretion any fixed-term subscription, or purchase order in the event of an Enterprise Solution, where any consideration for the contractual relationship is in whole or in part irreconcilably conflict with the Agreements and Terms herein stated.
We accept payment as listed from our customers for a purchase order by means of wire transfer, check, direct bank transfer (such as ACH), or any alternate method deemed acceptable under the Hong Kong Monetary Authority mechanism. In such case, should you fail to pay the amount due in full within the payment terms stated on the invoice, your use of Rainbow Tech’s Service, in addition to any available rights and remedies associated, will be withdrawn or suspended.
8. Agent Software
Some use of Rainbow Tech’s Service may require the adoption of external software or application (collectively “Agent Software”) including but not limited to SaaS and Tableau. Rainbow Tech hereby grants you, being Account Owner, a limited, non-exclusive, non-transferable, revocable license to use the corresponding Agent Software via Rainbow Tech’s gateway, solely to enable data access using Rainbow Tech’s Service under the Service Plan you have subscribed and paid for. Rainbow Tech hereby reserves all rights not expressly granted in the Agreements.
9. Storage Limits
Storage limits apply to data that the Account Owner imports or uploads to Rainbow Tech, and data that the Account Owner generates and stores in tables or views in any schema on the Rainbow Tech server. You as the Account Owner agree that your raw data stored on the Rainbow Tech server, and the number of tables or views in any schema created this way, will be restricted to less than 1GB per User Account throughout the tenure of Service subscribed each time,or up to any capacity you are entitled to the Service defined by Rainbow Tech at any time; and such storage limits are to be shared among Account Owner and all Designated Users, during the course of Service provided. Rainbow Tech reserves the right to charge for any amount in excess of the allocated storage limit.
10. Acceptable Use and Suspension of Service
You agree and accept not to misuse Rainbow Tech’s Service and to only use it in a manner consistent with its stated purpose of data visualization and analytics. Rainbow Tech reserves the right to suspend or terminate your subscription, at sole discretion without prior notice, if you violate the Agreements; use the Service in an unlawful way; to disturb, disrupt, or infringe upon the legitimate rights of others; or in a way that leads to legal liability against Rainbow Tech, arising out of our provision of the Service.
Upon successful clearance of payment, you acknowledge and agree that your subscription for our Service Plan is non-cancellable, nonexchangeable for cash or alternate product/service of any kind, and payment non-refundable, even if termination occurs prior to the expiration of the term of Service. In the event of withdrawal or termination from the Enterprise Solution, provisions set out in the individual Agreement established between you and Rainbow Tech shall take precedence.
Upon termination, cancellation, expiration or other conclusion of the Service for any reason, Rainbow Tech will delete the personal data and copies thereof to the Account Owner unless required by applicable laws to retain or store the personal data.
12. No Other Warranty
Except as specifically provided herein, the Service and Agent Software are provided on an “as is” basis without warranty of any kind. Rainbow Tech will not assume and hereby expressly disclaims any further warranty, expressed or implied, including without limitation, any warranty as to merchantability, fitness for a particular purpose, and that arising from the course of performance. Rainbow Tech specifically makes no warranty as to the suitability of its Service for any particular application, or will the Service operates uninterruptedly or error free, or that all defects in the Service will be corrected.
13. Limitation of Liability
To the fullest extent permitted by law, under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Rainbow Tech and its owner be liable to you or any third party for (a) any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost or corrupted data or business interruption; or (b) for any direct damages, costs, losses or liabilities, in aggregate in excess of the amount equivalent to one month’s subscription fee the Account Owner of fixed term Service is being billed, or if the Enterprise Solution applies, in excess of the statutory limits set out in the individual contract; or (c) any matter beyond our reasonable control. The provisions of this section allocate the risks under the Agreements between you and Rainbow Tech, and both you and Rainbow Tech have relied on these limitations in determining whether to enter into the Agreements.
You agree to indemnify and hold Rainbow Tech, its owners, directors, officers, management, employees, agents and third parties, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your connection to or use of Rainbow Tech’s Service.
Rainbow Tech agrees to indemnify and hold you, your owners, directors, officers, management, employees, and agents, harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of an allegation that Rainbow Tech infringes or misappropriates the intellectual property rights of a third party.
15. Miscellaneous Provision
These Terms will be governed by and construed in accordance with the laws of the Hong Kong SAR, without regard to any conflict of law provisions of your domicile, residence or physical location. If for any reason a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remainder of the Agreements will continue in full force and effect.
16. Entire Agreement
The Agreements, constitute all the terms and conditions agreed upon between you and Rainbow Tech and supersede any prior agreements, whether written or oral, in relation to the subject matter of the Agreements.
Please note, however, that certain aspects of your use of our Service may be governed by additional agreements. That could include, for example, access to the Service as a result of a gift card, free or discounted trials, or together with other services, provided by Rainbow Tech or any external parties from time to time. When you are presented with an offer for such aspects of your use, you will be presented with related additional agreement(s) in any form, and you may have an opportunity to agree to additional terms from us. Under such circumstance, those additional terms we applied will be listed on Rainbow Tech’s website. To the extent that there is any irreconcilable conflict between any additional terms and the Agreements now existing or hereafter entered into with Rainbow Tech, the additional terms shall prevail.
Any waiver of any provision of the Agreements will be effective only if in writing and signed by Rainbow Tech, or from the time that it is posted on the website.