Terms of Use

Last updated June 27, 2011

 

 

BY CLICKING THE “I ACCEPT” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT (as defined below) GOVERNING YOUR USE OF GOODDATA’S ONLINE SERVICE, (COLLECTIVELY, THE “SERVICE”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST SELECT THE “I DECLINE” BUTTON AND MAY NOT USE THE SERVICE.

Your registration for and/or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the GoodData website incorporated by reference herein, including but not limited to GoodData’s privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.

  1. Terms of Use & Restrictions: GoodData hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by GoodData and its licensors. You may not access the Service if you are a direct competitor of GoodData, except with GoodData’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. Licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service. You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.

  2. Your Responsibilities: You are responsible for all activity occurring under your accounts. You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including, without limitation, those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify GoodData immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to GoodData immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your user using your account and (iii) not impersonate another GoodData user or provide false identity information to gain access to or use the Service.

  3. Privacy & Security; Disclosure: GoodData’s privacy and security policies may be viewed at http://www.gooddata.com/privacy-policy. GoodData reserves the right to modify its privacy and security policies in its discretion from time to time. Note that because the Service is a hosted, online application, GoodData occasionally may need to notify all users of important announcements regarding the operation of the Service.

  4. Account Information and Data: GoodData does not own and shall not be responsible for any data, information or material that you submit to the Service in the course of using the Service (”Customer Data”).  GoodData's implementation, development and operations teams shall have the right to access and use Your account information, and Customer Data for the limited purpose of delivery of the Service, respond to service or technical problems, on Your request, or to provide Ancillary Services as defined below.  You, not GoodData, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and GoodData shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. GoodData reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. You expressly acknowledge and agree that you shall not submit to the Service any (i) Personal Information (as defined below) nor (ii) any Protected Health Information subject to the Health Insurance Portability and Accountability Act (“HIPAA”) (where “Protected Health Information” has the meaning set forth in HIPAA).  As used herein, “Personal Information” means an individual’s first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such individual: (a) Social Security number; (b) driver’s license number or state-issued identification card number; or (c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident’s financial account. 

  5. Intellectual Property Ownership: GoodData alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the GoodData Technology, and Deliverables (excluding Customer Deliverables, defined below) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the GoodData Technology or the Intellectual Property Rights owned by GoodData. The GoodData name, the GoodData logo, and the product names associated with the Service are trademarks of GoodData or third parties, and no right or license is granted to use them.  

  6. Trial Period; Termination: Your use of the Service will be free as long as you are using it strictly for our Partner’s free “Powered By” Program offerings, as specified in the contract between GoodData and our partner, or as long as you are using it strictly for a free GoodData app. It is under sole discretion of GoodData to specify the list of free apps and GoodData deems the right to modify the list at any time (the list of apps and current pricing may be found at http://www.gooddata.com/apps). For all other analytics, the Service is made available to you for an initial free trial period of up to thirty (30) days from your acceptance of this Agreement.   If you use the Service for other analytics outside the Partner's “Powered By GoodData” program or do not purchase a paid subscription for the Service from GoodData prior to the conclusion of the free trial period, your account will be suspended.  If you wish to continue using the Service, you must contact GoodData and purchase a paid subscription for your continued use of such Service. You may discontinue use of the Service at any time. You agree that GoodData may at any time and for any reason terminate this Agreement and/or terminate the provision of all or any portion of the Service. You agree that GoodData shall not be liable to you and/or any third party for any modification, suspension, or termination of the Service. The following Sections shall survive the termination and/or expiration of this Agreement: Sections 5 (Intellectual Property Ownership); 9 (Representations and Warranties); 10 (Indemnification); 11 (Disclaimer of Warranties); 12 (Limitation of Liability); and 18 (General).

  7. Ancillary Services:  “Ancillary Services” means fee based consulting or training services GoodData may perform pursuant to a statement of work (“SOW”) or Order Form issued pursuant to these Terms of Use.  A description of GoodData’s current standard Ancillary Services offerings can be found at the URL<http://www.gooddata.com/services>, which may be updated from time to time in GoodData’s sole discretion.  Each SOW or Order Form shall be deemed part of and subject to these Terms of Use, and will include, at a minimum: (i) a description of the Ancillary Services and any work product or other deliverables to be provided to You (each, a “Deliverable”); (ii) the scope of Ancillary Services; (iii) the delivery schedule; and (iv) fees and payment terms, if not elsewhere specified.  If either you or GoodData request a change in specifications, requirements, Deliverables, or scope of the Ancillary Services, the party seeking the change shall propose the applicable changes by written notice.  If agreed, GoodData will prepare a change order describing the proposed changes to the SOW and the applicable change in fees and expenses, if any (each, a “Change Order”). Change Orders are not binding unless and until executed by both parties. Once executed, Change Orders shall be deemed part of and subject to these Terms of Use. 

  8. Customer Deliverables: As between GoodData and You, You own all rights, title and interest in and to any Deliverables provided as part of Ancillary Services that: (i) constitute Customer Data, or a modification, translation, abridgment, adaptation or derivative work of Customer Data, or (ii) are expressly identified as being owned by You in the applicable Order Form or SOW (“Customer Deliverables”), and GoodData hereby assigns and transfers to You any rights, title or interest GoodData may acquire in any Customer Deliverables upon receipt of payment in full from You.  Subject to these Terms of Use, and during the Term for which You have a right to use the Service, GoodData hereby grants You a limited, non-exclusive, non-transferable and terminable license to use the Deliverables, and any Tools (defined below) incorporated therein, solely in connection with Your authorized use of the Service.  

  9. Representations & Warranties: Each party represents and warrants that it has the legal power and authority to enter into this Agreement. GoodData represents and warrants that it will provide the Service and Ancillary Services in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service.

  10. Indemnification: You shall indemnify and hold GoodData, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iii) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that GoodData (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release GoodData of all liability and such settlement does not affect GoodData’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.

  11. Disclaimer of Warranties: GOODDATA AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. GOODDATA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GOODDATA AND ITS LICENSORS.THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GOODDATA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

  12. Limitation of Liability: IN NO EVENT SHALL GOODDATA’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE AND/OR THIS AGREEMENT EXCEED FIVE HUNDRED DOLLARS ($500). IN NO EVENT SHALL GOODDATA AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE AND/OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF GOODDATA AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THEM. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

  13. Local Laws and Export Control: The Service utilizes software and technology that may be subject to United States and foreign export controls. You acknowledge and agree that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. You agree to comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. GoodData and its licensors make no representation that the Service is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects.

  14. Publicity.  GoodData may reference your name and the nature of the Services provided hereunder in GoodData marketing efforts, including on the GoodData web site. 

  15. Notice: GoodData may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in GoodData’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in GoodData’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to GoodData (such notice shall be deemed given when received by GoodData) at any time by any of the following: letter sent by confirmed facsimile to GoodData at the following fax number: +1-415-962-0521; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to GoodData at the following address: GoodData Corporation, 530 Bush Street, Suite 900, San Francisco, CA, 94108 in either case, addressed to the attention of: Chief Executive Officer.

  16. Modification to Terms: GoodData reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

  17. Assignment; Change in Control: This Agreement may not be assigned by you without the prior written approval of GoodData. The Agreement may be assigned by GoodData without notice to you and without your consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be null and void. Any actual or proposed change in control of you that results or would result in a direct competitor of GoodData directly or indirectly owning or controlling 50% or more of you shall entitle GoodData to terminate this Agreement for cause immediately upon written notice.

  18. General: This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, CA. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and GoodData as a result of this agreement or use of the Service. The failure of GoodData to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by GoodData in writing. This Agreement, together with any applicable Order Form or SOW, comprises the entire agreement between you and GoodData and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

  19. Definitions: As used in this Agreement now or hereafter associated herewith:

Questions or Additional Information: If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to info@gooddata.com.

 

Terms of Use

THESE TERMS OF USE (“TERMS OF USE”) WITH GOODDATA CORPORATION, A DELAWARE CORPORATION WITH A PRINCIPAL PLACE OF BUSINESS AT 530 BUSH STREET, SAN FRANCISCO, CA 94108 (“GOODDATA”) GOVERN ALL TRIAL, PURCHASE AND ONGOING USE OF SERVICES (AS DEFINED BELOW). BY ACCEPTING THESE TERMS OF USE BY AND THROUGH THE DULY AUTHORIZED REPRESENTATIVE EXECUTING THE ORDER FORM WHICH INCORPORATES BY REFERENCE THESE TERMS OF USE, THE CUSTOMER (“CUSTOMER”) AGREES TO BE BOUND BY ALL TERMS HEREOF.  

These Terms of Use were last updated on November 1, 2011. 
 
1. DEFINITIONS.
1.1. Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity.  “Control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
 
1.2. Ancillary Services” means fee-based consulting or training services GoodData may perform pursuant to a statement of work (“SOW”) issued pursuant to these Terms of Use.
 
1.3. Customer Data” means all data submitted, stored, posted, displayed, transmitted or otherwise used together with the Subscription Services.
 
1.4. Documentation” means the online user instructions and help files made available by GoodData as part of the user interface for the Subscription Services, as updated from time to time.
 
1.5. GoodData Applications” means the data analytics and reporting applications supplied by GoodData for access by Customer for use in conjunction with the Subscription Services, including any optional modules, custom or standard enhancements developed by GoodData, updates and upgrades, including associated offline components, but excluding Third Party Offerings.
 
1.6. Order Form” means the ordering documents for Services purchased from GoodData that are executed hereunder by the parties from time to time.  Order Forms shall be deemed incorporated herein.  Customer Affiliates may purchase subscriptions and use the Application subject to the terms of these Terms of Use by executing Order Forms hereunder.
 
1.7. "Subscription Services" means the online, web-based GoodData Applications provided by GoodData via the URL www.GoodData.com and/or other designated websites as described in the Documentation, that are ordered by Customer as part of any trial or under an Order Form, including associated support and maintenance activities related to the foregoing.
 
1.8. Services” means the Subscription Services and/or any Ancillary Services.
 
1.9. Third Party Offerings” means services performed by third parties independently of GoodData related to the Subscription Services, or other online, Web-based CRM, ERP, or other business application subscription services, and any associated offline products provided by third parties, and that interoperate with the Subscription Services. 
 
1.10. User” means individuals who are authorized by Customer to access and use the GoodData Applications, and who have been supplied user identifications and passwords for the purpose of accessing the Subscription Services.  Users may include but are not limited to Customer’s or its Affiliates’ employees, consultants, contractors and agents, or Customer’s or its Affiliates’ clients and their employees, consultants, contractors and agents.
 
 
2. FREE SERVICES
2.1. Free Service Subscription Term.  Customer may access the Subscription Services on either (i) a temporary trial basis (“Trial Services”)  or (ii) as a value-added component of a Third Party Offering provided by a partner of GoodData participating in a “Powered By”  or similar program, in either case on a functionally –limited and no-cost basis (either form of access referred to as “Free Services”).  Customer’s access to Free Services will commence on the date made available to Customer by GoodData and continue until (a) the then-current Trial Services period offered by GoodData, as posted on its website, unless otherwise extended by GoodData in its discretion, or (b) the start date of any paid Services ordered by Customer,  (c) the date on which GoodData elects in its sole discretion to terminate Customer’s access to Free Services, or (d) the date on which Customer’s access to the Third Party Offerings provided by GoodData’s “Powered By” program ceases (“Free Services Term”).  These Terms of Use shall apply to Customer’s use or receipt of the Subscription Services during the Free Services Term except as set forth in this Section 2.  Customer acknowledges and agrees that if Customer exceeds the eligibility requirements for Free Services (for example, a particular number of projects, or enhanced or premium functionality), Customer may be required to pay fees for such excess usage as a condition to retaining Customer’s eligibility to receive Free Services.   Additional trial terms and conditions may appear on the registration web page for the Free Services.  Any such additional terms and conditions are incorporated into these Terms of Use by reference and are legally binding and will govern in the event of a conflict with these Terms of Use.
2.2. Customer Data for Trial Services.   ANY CUSTOMER DATA ENTERED INTO THE GOODDATA APPLICATIONS DURING THE TRIAL SERVICES, AND ANY CHANGES MADE TO THE CUSTOMER DATA BY OR FOR CUSTOMER DURING THE TRIAL SERVICES TERM MAY BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A SUBSCRIPTION TO THE SAME SUBSCRIPTION SERVICES AS THOSE COVERED DURING THE TRIAL SERVICES, PURCHASES UPGRADED SERVICES, OR EXPORTS ITS CUSTOMER DATA BEFORE THE END OF THE TRIAL SERVICES. 


 
2.3. AS-IS USE.  NOTWITHSTANDING SECTION 8.1 OF THIS AGREEMENT, DURING THE FREE SERVICES TERM, THE FREE SERVICES ARE PROVIDED EXCLUSIVELY “AS-IS” WITHOUT ANY WARRANTY, SUPPORT OR INDEMNITIES OF ANY KIND AND THE WARRANTY DISCLAIMERS IN SECTION 8.2 and 8.3 SHALL SPECIFICALLY APPLY TO THE FREE SERVICES. 


 
2.4. Purchase of Ancillary Services During Trial.  Customer’s purchase, if any, of Ancillary Services to be performed during the Free Services Term are governed by Section 3.2 below and these Terms of Use. 
 
 
3. PURCHASED SERVICES
3.1. Provision of Purchased Subscription Services.  GoodData will make any purchased Subscription Services available to Customer pursuant to these Terms of Use and the relevant Order Forms during a Subscription Term. Customer agrees that its purchases under these Terms of Use and each Order Form are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by GoodData regarding future functionality or features.  Customer’s use of the Subscription Services includes the right to access all functionality available in the purchased subscriptions for the specific GoodData Applications included with the Subscription Services as of the date of the Order Form. Subsequent enhancements to the Subscription Services made generally-available to all subscribing customers will be made available to Customer at no additional charge.  However, the availability of new GoodData Applications, or enhancements to the Subscriptions may require the payment of additional fees, and GoodData will determine at its sole discretion whether access to any other such new GoodData Applications or enhancements will require an additional fee.  Unless otherwise set forth in an Order Form, these Terms of Use will apply to any updates, upgrades and new modules or offerings subsequently provided by GoodData to Customer as part of any purchased Subscription Services. 
 
3.2. Ancillary Services. A description of GoodData’s current standard Ancillary Services offerings can be found at the URL http://www.gooddata.com/pricing/our-services,  which may be updated from time to time in GoodData’s sole discretion.  Standard Ancillary Services may be identified in an Order Form without need for issuance of a SOW.  For any non-standard Ancillary Services, GoodData will provide Customer with Ancillary Services as set forth in the applicable SOW mutually executed by GoodData and Customer.  Each SOW will include, at a minimum: (i) a description of the Ancillary Services and any work product or other deliverables to be developed and/or provided to Customer (each, a “Deliverable”); (ii) the scope of Ancillary Services; (iii) the schedule for the provision of such Ancillary Services; and (iv) the applicable fees and payment terms for such Ancillary Services, if not elsewhere specified.  All SOWs shall be deemed part of and subject to these Terms of Use. If either Customer or GoodData request a change in any of the specifications, requirements, Deliverables, or scope (including drawings and designs) of the Ancillary Services described in any SOW, the party seeking the change shall propose the applicable changes by written notice.  Promptly following receipt of the written notice, each party’s project leads shall meet, either in person or via telephone conference, to discuss and agree upon the proposed changes. GoodData will prepare a change order describing the proposed changes to the SOW and the applicable change in fees and expenses, if any (each, a “Change Order”). Change Orders are not binding unless and until they are executed by both parties. Executed Change Orders shall be deemed part of, and subject to, these Terms of Use. In the event that the parties disagree about the proposed changes, the parties shall promptly escalate the change request to their respective senior management officers for resolution. 
 
 
4. TERMS OF USE OF SUBSCRIPTION SERVICES
4.1. Provision of Subscription Services. GoodData will: (i) provide to Customer basic email support (available at support@GoodData.com) for the purchased Subscription Services at no additional charge during normal business hours, , and/or upgraded support if made available by GoodData and purchased by Customer separately; (ii) use commercially reasonable efforts to make the purchased Subscription Services available 24 hours a day, 7 days a week, with minimal downtime, except for: (a) planned downtime (of which GoodData will endeavor to provide at least 48 hours notice in advance of the maintenance time, except for routine maintenance time currently scheduled for every Wednesday 10:00pm – Thursday 2am Pacific Time), or (b) any unavailability caused by circumstances beyond GoodData’s reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving GoodData’s employees), Internet service provider failures or delays, or the unavailability or modification by third parties of Third Party Offerings; (iii) maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of Customer Data (the same as GoodData uses to protect its data); and (iv) provide the Services in accordance with applicable laws and government regulations.  
 
4.2. Provisioning of GoodData Applications. GoodData will host relevant GoodData Applications (except for off-line components or applications) and may update the functionality and user interface of the Subscription Services from time to time in its sole discretion as part of its ongoing mission to improve the Subscription Services and customers’ use of the Subscription Services.   Certain GoodData Applications or portions of the Subscription Services may be subject to other limitations, such as, for example, limits on storage capacity for Customer Data. Any such limitations will be specified either in the Order Form or in the Documentation.
 
4.3. Content License. Subject to the terms and conditions of these Terms of Use, including GoodData’s confidentiality obligations, Customer hereby grants GoodData a limited, non-exclusive, royalty-free, worldwide license to use the Customer Data and perform all acts with respect to the Customer Data as may be necessary for GoodData to provide the Services to Customer. To the extent that receipt of the Customer Data requires that GoodData utilize any account information from a third party service provider (such as Salesforcece.com), Customer shall be responsible for obtaining and providing such passwords, and GoodData hereby agrees to access and use the Customer Data solely for Customer’s benefit and as set forth in this Section and these Terms of Use.  As between GoodData and Customer, Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. GoodData’s privacy and security policies may be viewed at http://www.gooddata.com/privacy-policy. GoodData reserves the right to modify its privacy and security policies in its discretion from time to time. Note that because the Subscription Service is a hosted, online application, GoodData occasionally may need to notify all Users of important announcements regarding the operation of the Subscription Service.
 
4.4. Customer’s Responsibilities. Customer is responsible for its Users’ compliance with these Terms of Use and for its Users’ use of the Services, and for ensuring that Users maintain the confidentiality of their passwords and user names. Customer agrees that it will not:  (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Subscription Services or any GoodData Application available to any third party, other than to Users or as otherwise contemplated by these Terms of Use; (ii) use the Subscription Services to collect, transmit or process (a) infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (b) any data regarding an individual’s financial or economic identity, sexual orientation, religious beliefs, medical or physical identity, including any information comprised of either “Protected Health Information” subject to and defined by the Health Insurance Portability and Accountability Act, or an individual’s first name and last name, or first initial and last name, in combination with any one or more of the following data elements that relate to such individual: Social Security number, driver's license number or state-issued identification card number, financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident’s financial account; (c) send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another; (iii) interfere with or disrupt the integrity or performance of the Subscription Services; or (iv) attempt to gain unauthorized access to the Subscription Services or its related systems or networks; (v) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Subscription Services; (vi) access the Subscription Services or download an GoodData Application for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Subscription Services; (vii) copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the GoodData Applications or Subscription Services or any part thereof or otherwise attempt to discover any source code or modify the GoodData Applications or Subscription Services.  
 
4.5. Temporary Suspension.  GoodData monitors all use of the Subscription Services for security and operational purposes.  GoodData may temporarily suspend Customer’s or its Users’ access to the Subscriptions Services or any GoodData Application in the event that either Customer or its User is engaged in, or GoodData in good faith suspects is engaged in, any unauthorized conduct (including any violation of the terms of these Terms of Use, any applicable law or third party right, including the terms of any Third Party Offering on which Customer’s use of the Subscription Services relies).  GoodData will attempt to contact Customer prior to or contemporaneously to such suspension, provided, however, that GoodData’s exercise of the suspension rights herein shall not be conditioned upon Customer’s receipt of any notification. Customer agrees to (i) notify GoodData immediately of any unauthorized use of any password or account or any other known or suspected breach of security impacting the Subscription Services; (ii) report to GoodData immediately and use reasonable efforts to stop immediately any copying or distribution of Customer Data that is known or suspected by Customer or its User as being unlawful or unauthorized; and (iii) not impersonate another User or provide false identity information to gain access to or use the Subscription Services or GoodData Application.  A suspension may take effect for Customer’s entire account and Customer understands that such suspension would therefore include Affiliate and/or User sub-accounts. Customer agrees that GoodData will not be liable to Customer or to any Affiliate or User or any other third party if GoodData exercises its suspension rights as permitted by this Section.
 
4.6. Third-Party Web Sites, Products and Services.  The Subscription Services may rely on or require that Customer access Third Party Offerings.  Customer’s or its User’s use of outside websites must at all times comply with the terms of service governing such websites. Customer understands and agrees that the availability of the GoodData Applications, or certain features and functions of the GoodData Applications, are dependent on the corresponding availability of Third Party Offerings or specific features and functions of Third Party Offerings.  GoodData will not be liable to Customer or any third party in the event that changes in Third Party Offerings cause the unavailability the GoodData Applications or any feature or function of the GoodData Applications.   GoodData may also refer Customer to third party service providers that offer Third Party Offerings.   GoodData does not warrant any such Third Party Offerings, whether or not such Third Party Offerings or services are designated by GoodData as "certified," "approved", “recommended” or otherwise, or the services are provided by a third party referred by GoodData or that is a member of an GoodData partner program.  To the extent that GoodData requires that Customer grant GoodData authorizations, passwords or other user credentials to a Third Party Offering (“GoodData Access Codes”) to retrieve Customer Data or interoperate with the Subscription Service, Customer shall promptly provide such GoodData Access Codes.  GoodData shall not share, reassign, divulge or disclose any GoodData Access Codes, nor permit or allow any third party to share, reassign, divulge, disclose or use any GoodData Access Codes, except to GoodData employees or authorized contractors specifically engaged in the performance of the Services and solely for that purpose.  GoodData Access Codes shall constitute Customer’s Confidential Information under this Agreement.
 
4.7. Accuracy of Customer’s Contact Information; Email Notices.  Customer agrees to provide accurate, current and complete information as necessary for GoodData to communicate with Customer from time to time regarding the Services, issue invoices, accept payment, or other account-related purposes.  Therefore, Customer agrees to keep any online account information current and inform us of any other changes in Customer’s legal business name, address, email address and phone number. Customer agrees to accept emails from GoodData at the e-mail address specified by its Users for login purposes. GoodData may provide any and all notices, statements, and other communications to Customer through either e-mail, posting on the Subscription Services (or other electronic transmission) or by mail or express delivery service.  In addition, Customer agrees that GoodData may rely and act on all information and instructions provided to GoodData by Users from the above-specified e-mail address.
 
4.8. Federal Government End User Provisions. If Customer or any User is the US Federal Government, GoodData provides the Services, including related software and technology, in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in these Terms of Use. This customary license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with GoodData to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable agreements.
 
 
5. FEES AND PAYMENT TERMS
5.1. Fees. Customer agrees to pay all fees specified in all Order Forms using one of the payment methods GoodData supports. Except as otherwise specified in these Terms of Use or in an Order Form, (i) fees are quoted and payable in United States dollars (ii) fees are based on Services purchased, (iii) payment obligations are non-cancelable as of the applicable due date and fees paid are non-refundable, and (iv) the subscriptions purchased cannot be decreased during the relevant Subscription Term on the Order Form. All amounts payable under these Terms of Use will be made without setoff or counterclaim, and without any deduction or withholding.
 
5.2. Invoices and Payment.  All Subscription Service fees will be invoiced in advance and in accordance with the applicable Order Form. Fees for Ancillary Services will be invoiced as set forth in an applicable SOW and/or Order Form.  Except as otherwise set forth in the applicable Order Form or SOW, Customer agrees to pay all invoiced amounts within thirty (30) calendar days of the invoice date. 
 
5.3. Overdue Charges. If GoodData does not receive fees by the due date, then at GoodData’s discretion, (i) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid; and/or (ii) GoodData may condition future subscription renewals and Order Forms on payment terms shorter than those specified in Section 5.2 (Invoices and Payment).
 
5.4. Suspension of Service and Acceleration. If any amounts Customer owes under these Terms of Use for the Services are 60 or more days overdue, GoodData may, without limiting GoodData’s other rights and remedies suspend Customer’s and its Users’ access to the Services or use of any GoodData Application until such amounts are paid in full.
 
5.5. Payment Disputes. GoodData agrees that it will not exercise its rights under Section 5.4 (Overdue Charges) or 5.5 (Suspension of Service and Acceleration) if the applicable charges are under reasonable and good-faith dispute and Customer is cooperating diligently to resolve the dispute.
 
5.6. Taxes. Customer is solely responsible for the payment of all taxes, assessments, tariffs, duties or other fees imposed, assessed or collected by or under the authority of any governmental body (collectively, “Taxes”) arising from GoodData’s provision of the GoodData Applications and/or Services hereunder, except any taxes assessed upon GoodData’s net income. If GoodData is required to directly pay Taxes related to Customer’s use of the GoodData Applications or receipt of any Services hereunder, Customer agrees to promptly reimburse GoodData for any amounts paid by GoodData.
 
 
6. PROPRIETARY RIGHTS
6.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, GoodData reserve all rights, title and interest in and to the GoodData Applications, and the Services, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.  Neither Customer nor any Users will delete or in any manner alter the copyright, trademark, and other proprietary notices of GoodData, if any, appearing on any GoodData Application or Documentation.
 
6.2. Customer Data. As between GoodData and Customer, Customer exclusively owns all right, title and interest in and to all Customer Data.  Customer Data are deemed Confidential Information under these Terms of Use.  
 
6.3. Suggestions. GoodData shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the GoodData Applications and/or Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer and its Users relating to the GoodData Applications or the Services. Customer acknowledges and agrees that any GoodData Application or Services incorporating such suggestions, enhancement requests, recommendations or other feedback shall be the sole and exclusive property of GoodData and all such recommendations shall be free from any confidentiality restrictions that might otherwise be imposed upon GoodData pursuant to Section 7 below.
 
6.4. Deliverables.  As between GoodData and Customer, Customer exclusively owns all right, title and interest in and to any Deliverables that constitute a Customer Data or a modification, translation, abridgment, adaptation or other derivative work of the Customer Data, or any other Deliverable expressly identified as being owned by Customer in the applicable SOW (“Customer Deliverables”), and GoodData hereby assigns and transfers to Customer any right, title or interest that GoodData may acquire in or to any Customer Deliverables upon receipt of payment in full from Customer.   Except for Customer Deliverables, GoodData shall own all rights, title and interest in and to all other Deliverables, and related intellectual property rights. Subject to terms and conditions of these Terms of Use, and during the Subscription Term, GoodData hereby grants Customer a limited, non-exclusive, non-transferable (except in connection with an assignment under Section 12.6 of the Agreement) and terminable license to use the Deliverables solely in connection with Customer’s authorized use of the Subscription Service, GoodData Applications or Third Party Offerings.  Notwithstanding any other provision of these Terms of Use: (i) nothing herein shall be construed to assign or transfer any intellectual property rights in the proprietary tools, source code samples, templates, libraries, know-how, techniques and expertise (“Tools”) used by GoodData to develop the Deliverables, and to the extent such Tools are delivered with or as part of the Deliverables, they are licensed, not assigned, to Customer, on the same terms as the Deliverables; and (ii) neither the term “Deliverables” or “Customer Deliverable” shall include the Tools.
 
6.5. Statistical Information.  Notwithstanding anything else in the Agreement or otherwise, GoodData may monitor Customer’s use of the Services and use data related to Customer’s use in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services.  Customer agrees that GoodData may make such information publicly available, provided that such information does not incorporate any Customer Data and/or identify Customer or its Confidential Information.  GoodData retains all intellectual property rights in such information.
 
 
7. CONFIDENTIALITY
7.1. Confidential Information” means all confidential or proprietary information of a party (“Disclosing Party”) disclosed to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of these Terms of Use, (including pricing and other terms set forth in all Order Forms hereunder), business information, specifications, research, software (including but not limited to, the GoodData Applications, flow of screens, and Documentation), trade secrets, designs, drawings, flow charts, data, computer programs, marketing plans, budget figures, and other financial and business information, or any such information of clients, parents, affiliates, subsidiaries or agents of a Party.
 
7.2. Treatment of Confidential Information.  The Receiving Party shall not use or disclose any Confidential Information of the Disclosing party for any purpose outside the scope of these Terms of Use, except with the Disclosing Party’s permission.
 
7.3. Permitted Disclosure.  The obligation of nondisclosure set forth herein shall not apply to any Confidential Information that: (i) is or becomes publicly available without a breach of any obligation owed to the Disclosing Party; (ii) is already known to the Receiving Party at the time of its disclosure by the Disclosing Party, without a breach of any obligation owed to the Disclosing Party; (iii) following its disclosure to the Receiving Party, is received by the Receiving Party from a third party without breach of any obligation owed to the Disclosing Party; or (iv) is independently developed by the Receiving Party without reference to or use of the Disclosing Party’s Confidential Information (except for patentable subject matter, which shall not be subject to this exception); or (v) the Receiving Party is required to disclose by any applicable law, by any rule or regulation of any court or government agency of competent jurisdiction, or pursuant to legal process; provided that the Receiving Party provides the Disclosing Party with prompt written notice of the requirement to disclose, reasonable assistance in the opposing or limiting of such disclosure and limits such disclosure to that strictly required by such court, government agency or legal process.  
 
7.4. Injunctive Relief. The Parties agree that any unauthorized disclosure of Confidential Information may cause immediate and irreparable injury to the Disclosing Party and that, in the event of such breach, the Receiving Party will be entitled, in addition to any other available remedies, to immediate injunctive and other equitable relief, without bond and without the necessity of showing actual monetary damages.
 
 
8. WARRANTIES; DISCLAIMERS
8.1. Warranties.  Each party warrants that it has the power to enter into these Terms of Use.  GoodData warrants to Customer that (i) the GoodData Applications will perform in all material respects with the Documentation, (ii) Ancillary Services provided to Customer under a SOW will be performed in a competent and workmanlike manner in conformance with generally accepted industry standards.  
 
8.2. General Disclaimers.  THE WARRANTIES EXPRESSLY SET FORTH IN SECTION 8.1 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY GOODDATA. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, GOODDATA  AND ITS LICENSORS MAKE NO OTHER REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CUSTOMER DATA. GOODDATA AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CUSTOMER DATA IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY GOODDATA AND ITS LICENSORS.THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. GOODDATA IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Subscription Service and GoodData Application Disclaimers. EXCEPT AS EXPRESSLY SET FORTH HEREIN, GOODDATA DOES NOT WARRANT THAT THE GOODDATA APPLICATION OR SUBSCRIPTION SERVICES WILL MEET CUSTOMER’S OR ITS USERS SPECIFIC NEEDS, ACHIEVE A PARTICULAR MARKETING OR OTHER BUSINESS RESULT, THAT IS ERROR FREE, THAT CUSTOMER OUR ITS USERS OR CONSUMERS WILL BE ABLE TO ACCESS OR USE THE GOODDATA APPLICATION WITHOUT PROBLEMS OR INTERRUPTIONS, OR THAT THE GOODDATA SITE AND OFFERPOR APPLICATIONS ARE NOT SUSCEPTIBLE TO INTRUSION, ATTACK OR COMPUTER VIRUS INFECTION.
 
 
9. INDEMNIFICATION
9.1. Indemnification by GoodData.  GoodData, at its expense, will defend and pay any settlement amounts and damages, costs and expenses (including reasonable attorneys’ fees) awarded by a court of final jurisdiction arising out of any third party claim, suit or proceeding alleging that Customer’s use of the GoodData Application or Subscription Services in accordance with the terms and conditions of these Terms of Use infringes a third party’s United States copyright or patent issued as of the Effective Date.  The foregoing obligation shall not apply with respect to a claim of infringement if such claim arises out of (i) Customer’s use of infringing Customer Data (ii) use of the GoodData Application or Subscription Services in combination with any software, hardware, network or system not supplied by GoodData where the alleged infringement relates to such combination, (iii) any modification or alteration of the Subscription Services or GoodData Application (other than by GoodData), (iv) if Customer continues the allegedly infringing activity after being informed of modifications that would have avoided the alleged infringement, or (v) Customer’s violation of applicable law.  If any claim which GoodData is obligated to defend has occurred, or in GoodData’s determination is likely to occur, GoodData may, in its sole discretion and at its option and expense (a) obtain for Customer the right to use the allegedly infringing item, (b) substitute a functionality equivalent, non-infringing replacement for such item, (c) modify such item to make it non-infringing and functionally equivalent, or (d) terminate the Agreement and refund  to either Customer or the third party issuing paying to GoodData for Customer’s account fees received by GoodData for the infringing items in an amount pro-rated to reflect the period of time between the date Customer was unable to use the GoodData Application or Subscription Service due to such claim and the remaining days in the current Term.
 
9.2. Indemnification by Customer. Customer, at Customer’s expense, will defend and pay any settlement amounts or damages awarded by a court of final jurisdiction arising out of any third party claim, suit or proceeding (i) alleging that the Customer Data infringes any trade secret, trademark, copyright, or patent issued as of the Effective Date of any third party;  (ii) or arising from occurrence of the conditions set forth in Section 9.1(i)-(v) above.
 
9.3. Conditions. The parties’ obligations under this Section are contingent upon the indemnified party (i) giving prompt written notice to the indemnifying party of any claim under this Section, (ii) giving the indemnifying party sole control of the defense or settlement of the claim, and (iii) cooperating in the investigation and defense of such claim(s). The indemnifying party shall not settle or consent to an adverse judgment in any such claim that adversely affects the rights or interests of the indemnified party or imposes additional obligations on the indemnified party, without the prior express written consent of the indemnified party.  The rights and remedies set forth in this Section are subject to the limitations and exclusions set forth in Section 10 below, and are the sole obligations of the indemnifying party and exclusive remedies available to the indemnified party in the event of an applicable third party claim.
 
 
10. LIMITATION OF LIABILITY
10.1. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER OR FOR ANY FREE SERVICES, $500, WITH RESPECT TO ANY SINGLE INCIDENT, THE AMOUNT RECEIVED BY GOODDATA HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, OR WITH RESPECT TO FREE SERVICES, $1,000. THE FOREGOING SHALL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER SECTION 5 (FEES AND PAYMENT TERMS).
 
10.2. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL GOODDATA AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE AND/OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CUSTOMER DATA OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CUSTOMER DATA, EVEN IF GOODDATA AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THEM. 
 
 
11. TERM AND TERMINATION
11.1. Term of Subscriptions.  Customer’s subscription to use the GoodData Application and/or access the Subscription Services begins on the start date specified in the  Order Form and continues for the period set forth therein (each a “Subscription Term”). 
 
11.2. Termination for Cause. These Terms of Use may be terminated by either party for cause as follows: (i) upon thirty (30) days written notice if the other party breaches or defaults under any material provision of these Terms of Use and does not cure such breach prior to the end of such thirty (30) day period, (ii) effective immediately and without notice if the other party ceases to do business, or otherwise terminates its business operations, except as a result of an assignment permitted hereunder.  GoodData may temporarily cease performance of its obligations during any cure period.  
 
11.3. Effect of Termination. Termination or expiration of an Order Form incorporating these Terms of Use by reference will automatically terminate these Terms of Use, and the subscription granted under such Order Form shall terminate immediately.  In the event of termination of an Order Form or these Terms of Use, upon Customer’s request made within 30 days after the effective date of applicable termination, GoodData shall make available to Customer for download Customer’s Customer Data in the current format in which it is stored in the GoodData Application.  After such 30-day period, GoodData shall have no obligation to maintain or provide any Customer Data and may thereafter unless legally prohibited, delete all Customer Data in its systems or otherwise in its possession or under its control.  In the event of termination of a project set forth in an applicable SOW (other than termination as a result of GoodData’s breach), Customer agree to pay GoodData all fees due, and unreimbursed out-of-pocket expenses incurred by GoodData up to the date of termination or expiration of such SOW.
 
11.4. Survival. Except to the extent expressly provided to the contrary herein, Sections 6 through 12 shall survive the termination of these Terms of Use.
 
 
12. GENERAL
12.1. Relationship. The relationship between the parties created by these Terms of Use is that of independent contractors and not partners, joint venturers or agents.  This is a non-exclusive arrangement.
 
12.2. Entire Understanding. These Terms of Use (including any ordering documents or URLs incorporated by reference herein) states the entire understanding between the parties with respect to its subject matter, and supersedes all prior proposals, marketing materials, negotiations and other written or oral communications between the Parties with respect to the subject matter of these Terms of Use.  To the extent of any conflict or inconsistency between the provisions in the body of these Terms of Use and any exhibit or addendum hereto or any Order Form, the terms of such exhibit, addendum or Order Form shall prevail.  Notwithstanding any language to the contrary therein, no terms or conditions stated in Customer’s purchase order or in any other ordering documentation (excluding Order Forms) shall be incorporated into or form any part of these Terms of Use, and all such terms or conditions shall be null and void.
 
12.3. Modification and Waiver. Except for GoodData’s modification or update of the Documentation, the Subscription Services or GoodData Application, or any pricing or other policies referenced by a URL herein, or as necessary to comply with applicable law, rules, regulations, no modification of these Terms of Use, and no waiver of any breach of these Terms of Use, shall be effective unless in writing and signed by both parties.  No waiver of any breach of these Terms of Use, and no course of dealing between the parties, shall be construed as a waiver of any subsequent breach of these Terms of Use. A determination that any provision of these Terms of Use is invalid or unenforceable shall not affect the other provisions of these Terms of Use.
 
12.4. Governing Law and Venue. These Terms of Use shall be governed by and construed under the laws of the United States and the State of California excluding its conflict of law rules.  The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Use. The state and federal courts located in San Francisco, California, will have exclusive jurisdiction to adjudicate any dispute relating to these Terms of Use. Each party hereby irrevocably consents to the exclusive jurisdiction of such courts.
 
12.5. Publicity.  GoodData may reference Customer’s name and the nature of the Services provided hereunder in GoodData business development and marketing efforts, including without limitation its web site. 
 
12.6. Assignment. Either party may assign these Terms of Use in its entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of these Terms of Use upon written notice to the assigning party. In the event of such a termination, GoodData shall refund to Customer any prepaid fees covering the remainder of the Subscription Terms after the effective date of termination. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. There are no third party beneficiaries to these Terms of Use.
 
12.7. Notices.  GoodData may give notice by means of a general notice on the Subscription Services, electronic mail to Customer’s e-mail address on record in GoodData’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in GoodData’s account information. Customer may give notice to GoodData (such notice shall be deemed given when received by GoodData) at any time by any of the following: letter sent by confirmed facsimile to GoodData at the following fax number: +1-415-962-0521; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to GoodData at the following address: GoodData Corporation, 530 Bush Street, Suite 900, San Francisco, CA, 94108 in either case, addressed to the attention of: Chief Executive Officer.  Notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).  All communications and notices to be made or given pursuant to these Terms of Use shall be in the English language.
 
12.8. Export. The Services utilizes software and technology that may be subject to United States and foreign export controls. Customer acknowledges and agrees that the Subscription Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Subscription Service, Customer represents and warrants that it is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The GoodData Applications may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. Customer agrees to comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. GoodData and its licensors make no representation that the Service is appropriate or available for use in other locations. Each party shall be solely responsible for its required compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Customer Data contrary to law is prohibited. None of the Customer Data, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects.
 
12.9. Staffing.  GoodData shall be responsible for staffing decisions with respect to its personnel and the provision of any services under these Terms of Use, and shall have the right to remove or replace any of its personnel assigned to perform any Services under these Terms of Use.
 
12.10. Force Majeure. Except for performance of a payment obligation, neither party shall be liable under these Terms of Use for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control. If the force majeure continues for more than thirty (30) calendar days, then either party may terminate the Agreement for convenience upon written notice to the other party.

 

Metrics That Matter 
For B2B Lead Gen

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Transform Your Company’s Online Community

With Get Satisfaction Community Health Analytics Powered by GoodData, community managers start out with more than 30 pre-built reports that are automatically measured, explained in plain English and updated each day.

This is just the beginning—users can easily drill down into the data behind the metrics, and customize their views to meet their community’s unique reporting requirements. Enable your Community Health Analytics by clicking on the “advanced analytics” tab in your community dashboard.

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GoodData is an on-demand BI analytics platform in the cloud. The GoodData platform provides everything from sophisticated visualization (reports/dashboards) to deep ad-hoc analysis and trending of critical business data.

What kind of data can I analyze?

GoodData’s sweet spot is the analysis of “customer data”. Customer data is any business data resulting from interaction with a customer over time. For Commmunity Health Analytics, this is the data around your online customer community – providing you the ability to measure engagement, traffic, responsiveness and self-direction.

How do I invite other users to Community Health Analytics?
  1. Click the Project tab from the main navigation (only available to project admins)
  2. Click the green Invite More button on the top right side of your screen
  3. Enter the email address and select the role of the users you would like to invite
How do I modify one of the reports on my dashboard?
  1. Click the report title to open the report in the Analysis page
  2. Use the Slice and Dice dialogue box (What, How, Filter) to choose which items should appear in your report
How do I add a report to my dashboard?
  1. Click Edit Dashboard
  2. Click and drag to select an area for the report to appear OR click the Add Report button
  3. Select a report from your list of reports to add to the dashboard
  4. Use the handles around the report to adjust its size
How can I customize my dashboard?
  1. Click Edit Dashboard
  2. Insert text boxes of varying sizes and horizontal/vertical lines to customize the appearance of your dashboard
  3. All dashboard objects can be moved around and re-sized as needed
How can I customize my table reports?

Some of the many options for customizing your table reports are listed below:

How can I customize my charts and graphs?

OR

How do I embed my dashboard onto other sites?

Use the Embed control to get HTML code that you can copy and paste onto a third party site such as Salesforce.com or an internal company web page. Note that any user viewing the dashboard will be asked for GoodData credentials before loading the dashboard.

Can I automatically set up scheduled distribution of reports by email?

Yes. Project administrators can set up schedules for distribution of one or multiple reports to groups or project members. To set this up, go to the Project tab and click Report Distribution Schedule. You can schedule an email for any existing report and the report can be sent as inline message, PDF, and/or XLS attachment.

How advanced can my reporting get with GoodData?

Community Health Analytics already provides you with most of what you need to analyze your Get Satisfaction community. However, we recognize that every business measures their community differently – with GoodData you have the ability to do ad-hoc analysis, to create and customize your own metrics, reports, dashboards in your project. Dig in and get your hands dirty to see what’s possible in GoodData – you’ll be surprised. To learn more – check out our product documentation or access our support resources.

Can I use GoodData for other areas of my business?

Absolutely! If you are interested in the ability to measure other areas of your business, we’d be happy to speak with you about it. Send us an email at info@gooddata.com with a description of your use case, and a GoodData representative would be happy to discuss a solution to fit your needs.

GoodData Security Statement

Last Updated: June 2011

Securing customer information is a critical component of GoodData’s business value proposition. As an on demand service, security must be an integral part of both the design and operations of GoodData. In order to accomplish this, GoodData has included security in all levels of our technology and operations from the onset of the company. GoodData’s commitment is to invest in the technology, people, and process to ensure that data you have entrusted with us is safe, secure, and private.

We believe that effective information security has much to do with people and processes as it does with technical protection measures.  Here are the overall points that guide GoodData security strategy:

Participation in relevant industry certification and accreditation programs is intended to provide us, our investors, and our customers with the highest level of assurance regarding our operations, infrastructure and controls.  In January 2011 we attained a recurring Statement on Auditing Standards No. 70: Service Organizations, Type I (SAS70 Type I) certification.  We expect to obtain Type II certification by Q4 2011.  Additionally, we’ve attained independent web application security certifications from TRUSTe, VeriSign and salesforce.com. Read our full security statement HERE.

       

GoodData Services

GoodData is easy to implement, but making your company more metrics-driven through more data, more metrics and more interactive dashboards takes discipline and a little bit of inspiration. We are here to help.

GoodData offers a variety of services that ease implementation and drive adoption throughout your company. Through dozens of implementations, and by helping thousands of companies use GoodData, we understand the best practices for data, analytics, information design and adoption. Here's what we offer:

Quick Start Packages

Long implementation cycles are what's wrong with BI—that's why we believe you should have your dashboards in production fast. Quick Start consulting packages are designed to get customers successful with GoodData in 30 days. Packages include data modeling/data integration as well as reporting/visualization consulting work.

Data Model Consulting and Managed Data Services

Ongoing consulting services are available from GoodData and from our partners. These services range from ongoing management and curation of dashboards, reports, data, models and data marts to dashboard and data model tune-ups—short engagements offered to new and existing GoodData customers to ensure customers get business value from the power of GoodData and employ best practices for data modeling and visualization.

Dedicated Customer Success

Services from our Customer Success team are delivered by a dedicated Customer Success Manager—a senior level manager with a deep background in data and reporting who can also draw on the full wealth of technical knowledge within GoodData to support your account. Customer Success Services can be utilized to help with the following:

Support & Documentation

GoodData offers support through a variety of channels—via our online forums, phone and email. Peruse Twitter, or talk to some of our customers and you'll soon learn that our support is legendary. Visit our support site for extensive documentation, tutorials and user forums, email us at support [at] gooddata [dot] com, or call us at (415) 200-0186.

Data Connectivity

Importing data successfully and modeling it correctly is the lifeblood of any business intelligence system.

GoodData provides a complete data loading and modeling API, allowing you to programmatically connect directly to your data sources—in SaaS apps, on-premises apps, databases or files, or via data integration tools. It's flexible, and it's designed to make it easy to get your data into GoodData, supporting the tooling you've already invested in.

Cloud Data Sources

GoodData provides pre-built connectors to common cloud data sources, making connectivity to these apps a simple configuration. GoodData manages thousands of daily connections from our customers’ cloud data sources to Salesforce, Google Analytics, Zendesk and dozens of other systems.

Data Integration Platforms

For companies that need to tie together cloud and on-premises data, GoodData works with every major data integration platform, including Informatica, Boomi, Pervasive Software, Scribe Software, Talend and SnapLogic.

On-Premises Applications & Databases

GoodData can connect to applications and databases located behind a company’s firewall—it provides a data connection API that can interact with many common systems, APIs and programming languages.

Data Loading & Modeling APIs

GoodData provides a complete data loading and modeling API that features tooling. With tooling you can programmatically connect directly to your data sources, including SaaS apps, on-premises apps, databases or files, or via data integration tools. It’s designed to get your data into GoodData with ease and flexibility and to support the tooling you’ve already invested in.

GoodData CL, a command-line wrapper that combines GoodData’s complete REST-based APIs, can be downloaded from developer.gooddata.com.

Multi-Tenant Platform

GoodData is designed as a single-instance, multi-tenant platform, taking full advantage of the economics and scale of the cloud.

Every customer gets every feature when it's released, without painful forced migrations. Since GoodData is built as an integrated platform, it removes the burden of cobbling together separate data warehouses, analytics engines, modeling and visualization tools.

Multi-tenant, Single Instance

GoodData is a completely multi-tenant application, built as a stateless web application atop a multi-tenant platform. This multi-tenant capability mirrors the tremendous power and economics of the platform, which is similar to cloud apps like Salesforce, Gmail and others.

GoodData makes releases to its platform every two weeks, which amounts to more than 50 since 2008. Every GoodData customer is able to take advantage of every feature and improvement to the overall infrastructure—you get features without the need to upgrade, redeploy or take your analytics app down at all.

Query & Storage

GoodData is database technology-independent since users are interacting with a logical data model (LDM) that defines attributes, facts and their correlations rather than the physical data layer (PDM). All metrics and reports are defined at the LDM layer and correlate to the underlying physical data model. 

GoodData is highly optimized for OLAP processing with special indexing techniques, extensive use of caching and no transactional burden. In-memory processing greatly speeds up pivoting, and horizontal partitioning of data marts improves performance dramatically.

Asynchronous, Metadata-driven Middleware

GoodData’s messaging and middleware layer operates asynchronously and is built upon a metadata framework that defines every function within GoodData (e.g. metrics, filters, reports, dashboards, operational state, events and audits).

Infrastructure API

GoodData’s Infrastructure API provides on-demand programmatic infrastructure from which you can provision users, projects and accounts remotely just as you do from GoodData’s UI.

Event Store

GoodData’s event store acts as a cloud enterprise data warehouse, purpose-built to collect and store event-based data.

These events are then consumed by data marts for analysis. This segmentation gives GoodData a cloud-friendly way to store historical data independent of analysis-ready data for business users.

High Performance

GoodData’s event store is purpose-built to store data as a stream of events, making collection and storage much simpler. Event store provides order-of-magnitude performance improvements in terms of both volume and speed of data storage when compared with loading data directly into a data mart.

Historical Data Storage

Event store provides efficient storage of historical data. It supports SCD (slowly changing dimension) Type 2 methods. For event store, GoodData provides both columnar and records-based interfaces on input and a robust transformation framework for output (including pre-aggregation, sampling, and business transformations).

Data Pre-aggregation & Transformation

Event store allows you to handle even larger volumes of data through various pre-aggregation, sampling and transformation techniques. These techniques make analytical queries on data marts significantly faster and more efficient.

Separation of Concerns

The most powerful aspect of GoodData’s event store is that it enables a clear separation of concern between the collection and storage of historical data and the population of data in a data mart for analysis.

Dashboards & Apps

Data is only valuable when it can easily be accessed and shared. That’s why GoodData provides a wide variety of ways for business people to access their dashboards and analytics without bogging down IT with tickets.

Our intuitive web interface makes customization and drill-down simple for users across your organization. Every report and dashboard can be easily embedded as a widget in practically any website or web app, even in Powerpoint or other desktop apps.

GoodData UI

Teenagers using Facebook act much differently than marketers accessing a corporate dashboard. Facebook allows discovery, whereas a traditional BI tool requires know-how—and courage—to drill down for insight. This rigidity and complexity is what restricts dashboards and analytics to only a few people in far too many companies. Hundreds of reports end up unused, analysis is incomplete and users are frustrated.

GoodData is changing this model by bringing the interactivity and viral nature of social software into the world of analytics. GoodData makes it easy for any user to access data, to discover new features, to learn from the collective intelligence of his or her organization and  to mash up the results outside the application.

Embedded Reports & Dashboards

Built completely in Javascript as an AJAX application, GoodData reports and dashboards are easily embeddable, putting KPIs where business users live.

GoodData can be embedded into SaaS applications like Salesforce and SugarCRM, Sharepoint portals, Google Sites or any application as a widget or iFrame.

Mobile Apps

GoodData mobile applications are purpose-built for both Android and iOS platforms and are optimized for both tablet- and phone-based user experiences.

Dashboard and Analytics Templates

Any GoodData data mart can be templated as a set of pre-built connections to data sources, a data model, and reports and dashboards. This makes it simple for SaaS, data and solution providers alike to package their analytics into pre-built, customizable apps—no need to build new analytics apps for each customer from scratch.

Data Marts

The analytical heart of GoodData, data marts are where data is connected in a logical model of facts, attributes and metrics.

Our fluid data modeling framework makes it simple to adapt the underlying data model that powers every GoodData project. Add metrics, aggregations, data sources or data connections without rebuilding reports or dashboards. The result is "non-destructive change" propagated throughout a data mart.

GoodData data marts can be created programmatically in a matter of minutes without having to provision a separate infrastructure—no VMs, no databases, no software. Simply define a data model, load data and go! GoodData’s data loading UI and its ability to call simple REST-based APIs through GoodData CL (our command-line utility) makes it all possible. The tremendous flexibility of data marts means you can spin analytics projects up and down quickly, meeting your business requirements without extensive scoping, sizing and feasibility work. It’s agile BI at its best.

Powerful Analytics & Caching

Business Intelligence is traditionally one of the data center’s biggest resource hogs. Multi-dimensional analysis is processor-intensive, and data sizes balloon into terabytes and beyond. For years, it has been necessary to make tradeoffs between speed, power and cost when building analytics software. Because of this, most BI is prescriptive—pre-built dashboards answering pre-defined questions in pre-calculated OLAP analysis cubes.

GoodData is a different approach. It is not constrained by the container or the cluster. We made ad hoc analysis as fast and simple as prescriptive BI, which makes new queries on new data sets as easy as repeated queries on predictable data sets.

Smart, in-memory query processing and extensive results-caching overcome common performance hurdles found in many business intelligence systems.

Intuitive Modeling Language

With GoodData, new queries and metrics do not require advanced knowledge of SQL or arcane scripting languages (yes, that means no more MDX). Instead, GoodData provides an intuitive metrics-creation framework, complete with pre-built metrics and wizards for creating the most common metrics. The modeling language brings the powerful expressiveness of GoodData’s analytics engine to every user.

Fluid Data Model

GoodData’s fluid data modeling framework makes it simple to adapt the underlying data model that powers every GoodData project to your specific needs. It’s easy to add metrics, aggregations, data sources or data connections without rebuilding reports or dashboards. The result is “non-destructive change" propagated throughout a data mart.

Success!

Thank you for sharing your information with us. We look forward to being in touch with you. If you need immediate assistance, please do not hesitate to call us at (415) 200-0186.

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Privacy Policy

Last Updated April 26, 2010

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Your privacy is important to GoodData Corporation (“GoodData”). This Privacy Policy (the “Policy”) discloses our information practices, including our policies regarding the types of information that is gathered and tracked through our web site, descriptions of how such information is used, and identification of the parties with whom the information may be shared. This Policy will be applicable to the GoodData web site located at http://www.gooddata.com upon which the policy is displayed (each, a “GoodData Site”).

By voluntarily using a GoodData Site and/or providing data or other information via a GoodData Site, you are indicating your consent to this Policy and agreement to be bound by its terms.

GoodData is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent organization whose mission is to build user’s trust and confidence in the Internet by promoting the use of fair information practices. Because this Web site wants to demonstrate its commitment to your privacy, it has agreed to disclose its information practices and have its privacy practices reviewed for compliance by TRUSTe.

If you have questions or concerns regarding this statement, you should first contact GoodData Privacy Administrator at privacy [at] gooddata [dot] com. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should contact TRUSTe at this URL. TRUSTe will then serve as a liaison with us to resolve your concerns.

GoodData complies and is committed to EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union. GoodData’s Safe Harbor certification can be found at this URL. For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce’s Website.

Information Collection and Use

Personal Information

You can visit a GoodData Site without telling us who you are and without revealing any information about yourself. There are times, however, when we may need certain personally identifiable information (“Personal Information”) from you.

You may choose to provide us with Personal Information (such as your name, email address and company name) through the GoodData Site when you elect to register with GoodData in order to download our products or access premium content. When you provide Personal Information in order to register with GoodData, such Personal Information will be used in order to provide you with access to the requested products, services content and/or information. We may also use the Personal Information to help us understand who is using our products and services and to help us manage business development activities. If you tell us that you do not want us to use this Personal Information as a basis for further contact with you, we will respect your wishes.

Newsletters

If you wish to subscribe to our newsletter, we will use your name and email address to send the newsletter to you. Out of respect for your privacy, we provide you a way to unsubscribe. Please see the “Choice and Opt-out” section.

Statistical Information

In addition, we sometimes collect anonymous information from visits to the GoodData Site to help us provide better customer service and to make the GoodData Site as user friendly as possible. For example, we keep track of the domains from which people visit and we also measure visitor activity on GoodData Site. However, when we do so, we do so in ways that keep the information anonymous. GoodData may use this data to analyze trends and statistics and to help us provide better customer service. None of the information described in this paragraph is reviewed at an individual level. None of the information described in the preceding paragraph is reviewed at an individual level.

Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. We do not the information we store in cookies to any personally identifiable information you submit while on our site.

We use both session ID cookies and persistent cookies. We use session cookies to make it easier for you to navigate our site. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

We use persistent cookies to store a unique cryptographic hash value, so you don’t have to enter username/password more than once on a given computer. The information stored does not contain any personally identifiable information.

Third Party Cookies

The use of cookies by third parties is not covered by our privacy statement. We do not have access or control over these cookies. These third parties use session ID cookies to make it easier for you to navigate our site.

Web Beacons/Usage Analytics

We employ or our third party advertising partner employs a software technology called Clear gifs (aka Web Beacons/Usage Analytics), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages and are about the size of the period at the end of this sentence. We do not tie the information gathered by clear gifs to our customers’ personally identifiable information.

Links to Other Web Sites

The GoodData Site may contain links to other Web sites. GoodData is not responsible for the privacy practices or the content of such Web sites. The links from a GoodData Site do not imply that GoodData endorses or has reviewed the third party Web sites. We suggest contacting the operators of those Web sites directly for information on their privacy policies.

Project Invitations

If you choose to invite others to a report or project within your organization, we will ask you for the other user’s name and email address. We will automatically send him/her a one-time email inviting him/her to visit the site. GoodData stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.

Invited users may contact us at privacy [at] gooddata [dot] com to request that we remove this information from our database.

Blog/Forum

If you use a blog or forum on this Web site, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these blogs and forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

Customer Testimonials

We post customer testimonials on our web site, which may contain personally identifiable information. We do obtain the customer’s consent via email prior to posting the testimonial to post their name along with their testimonial.

Our Disclosure of Your Personal Information and Other Information:

GoodData is not in the business of selling your Personal Information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below:

Security

Personal Information collected through the GoodData Site is kept in a secure database and all reasonable precautions are taken to secure this data. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from a GoodData Site may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Information to GoodData via the Internet.

The security of your personal information is important to us. When you enter sensitive information on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).

Choice/Opt-out

If you no longer wish to receive our newsletter you may unsubscribe at any time by using the unsubscribe link located at the bottom of each newsletter communication or by email us at contact [at] gooddata [dot] com.

Changes to Our Policy

We may change our business and the GoodData Site from time to time. As a result, at times it may be necessary for us to make changes to this Policy. GoodData reserves the right to update or modify this Policy at any time and from time to time without prior notice. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Please review this policy periodically, and especially before you provide any Personal Information. This Policy was last updated on the date indicated above. Your continued use of the GoodData Site after any changes or revisions to this Policy shall indicate your agreement with the terms of such revised Policy.

Access to Personal Information and Other Questions

You will have the right to contact us to request information about the Personal Information we have collected from you and to request the correction, modification or deletion of such information. To make such a request and/or to pose any other questions regarding this Policy, please contact the GoodData Site webmaster. You may also correct, modify or delete inaccuracies by logging into your account and going to the account settings link on the site. We will respond to your request to access within 30 days.

GoodData Corporation
530 Bush Street, Suite 900
San Francisco, CA 94108
privacy [at] gooddata [dot] com

Agreement for Terms of Use

Last Updated: June 28, 2010

YOU MUST REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT (AS SUCH TERM IS DEFINED BELOW) BEFORE EXECUTING A PURCHASE ORDER. UPON EXECUTION OF THE ORDER FORM REFERENCING THIS AGREEMENT BY YOU (“You” or “Your”) AND GOODDATACORPORATION (“We”, “Us” or “Our”), YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

  1. Definitions: As used in this Agreement now or hereafter associated herewith:

    “Agreement” means this Agreement for Terms of Use, which includes Our privacy and security policies located here;

    “Content” means the audio and visual information, documents, software, products and services contained or made available to You in the course of using the Service;

    “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world;

    “GoodData Technology” means all of Our proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to You by Us in providing the Service;

    “Service” means Our online service;

    “User(s)” means Your employees, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by You (or by Us at Your request);

    “Your Data” means any data, information or material provided or submitted by You to the Service in the course of using the Service;
     
  2. License Grant & Restrictions: We hereby grant You a non-exclusive, non-transferable, worldwide right to use the Service, solely for Your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to You are reserved by Us and Our licensors. For the avoidance of doubt, You own all right, title and interest in and to any and all reports or documents regarding Your business generated via the Service, and the use of such reports or documents is within Your complete discretion.

    You and Your Users may not access the Service if You or any of Your Users is Our direct competitor, except with Our prior written consent. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

    In addition, You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device, other than copying or framing on Your own intranet or otherwise for your own internal business purposes; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User identifications cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

    You may use the Service only for Your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
     
  3. Fees and Payment: You will pay Us the fees and other amounts due under this Agreement, plus applicable sales, use, excise or other taxes, as specified in the applicable Order Form, attached hereto and incorporated into this Agreement. All amounts will be paid in US Dollars. Any amount not paid when due will be subject to finance charges equal to 1.5% of the unpaid balance per month or the highest rate permitted by applicable law, whichever is lower, from the date due until the date paid. You will be responsible for all costs and expenses (including reasonable attorneys’ fees) We incur in collecting unpaid amounts. You are responsible for all taxes, duties and other governmental charges (collectively “Taxes”) arising under or in connection with this Agreement, exclusive of Taxes based on Our income. Payment of Taxes is in addition to all amounts required to be paid under this Agreement.
     
  4. Your Responsibilities: You are responsible for all activity occurring under Your accounts. You shall abide by all applicable laws, treaties and regulations in connection with Your use of the Service, including, without limitation, those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Us immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by You or Your User using Your account and (iii) not impersonate another user or provide false identity information to gain access to or use the Service.
     
  5. Privacy & Security; Disclosure: Our privacy and security policies may be viewed at http://gooddata.andculture.cc/privacy-policy and s,uch policies are incorporated herein by reference. We reserve the right to modify Our privacy and security policies in Our discretion from time to time and shall provide You prior notice via email of any material modification. Note that because the Service is a hosted, online application, We occasionally may need to notify all Users of the Service of important announcements regarding the operation of the Service.
     
  6. Account Information and Data: We do not own and shall not be responsible for any data, information or material that You submit to the Service in the course of using the Service (”Your Data”). We agree to use best industry practices when deploying services related to data integrity, backup, security, and retention. However, notwithstanding the foregoing sentence or any other provision, express or implied, in this Agreement, You, not We, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Your Data. You acknowledge that We work with only a copy of Your Data to provide business analytics and intelligence, and that You are responsible for maintaining the original and all duplicate copies of Your Data. We reserve the right to establish or modify Our general practices and limits relating to storage of Your Data and shall provide You prior notice via email of any material modification. You expressly acknowledge and agree that you shall not submit to the Service any (i) Personal Information (as defined below) nor (ii) any Protected Health Information subject to the Health Insurance Portability and Accountability Act (“HIPAA”) (where “Protected Health Information” has the meaning set forth in HIPAA). As used herein, “Personal Information” means an individual’s first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such individual: (a) Social Security number; (b) driver’s license number or state-issued identification card number; or (c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident’s financial account.
     
  7. Intellectual Property Ownership: We alone (and Our licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the GoodData Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service, the GoodData Technology or the Intellectual Property Rights owned by Us. The GoodData name, the GoodData logo, and the product names associated with the Service are trademarks owned by Us or third parties, and no right or license is granted to use them.
     
  8. Term and Termination:

    8.1 Term: The term of the Service purchased on the applicable Order Form continues for the initial term specified therein. Except as otherwise specified in an Order Form, the initial term shall automatically renew for additional periods equal to the expiring term or one year (whichever is greater), unless either party gives the other notice on non-renewal at least 30 days before the end of the then-current initial or any renewal term. The pricing may be increased for any subsequent term before the end of the then-current term. Any such price increase shall not exceed 7% per year over the pricing for the relevant Service in the immediately preceding year, unless the pricing in such preceding year was designated in the relevant Order Form as promotional or one-time.

    8.2 Termination: Either party may terminate this Agreement for cause: (i) upon not less than 30 days prior written notice to the other party of a material breach if such breach is not cured within the expiration of such period; or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. You agree that We shall not be liable to You and/or any third party for any modification, suspension, or termination of the Service. We shall have no obligation to maintain or provide any of Your Data and shall thereafter, unless legally prohibited, delete all of Your Data in Our systems or otherwise in Our possession or under Our control.

    8.3 Effect of Termination: Upon any termination for cause by You, We shall refund You any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by Us, You shall pay any unpaid fees covering the remainder of the term of all Order Forms after the effective date of termination. In no event shall any termination relieve You of the obligation to pay any fees payable to Us for the period prior to the effective date of termination. In the event this Agreement is terminated after a specific term because We are no longer providing the Service, We will provide notice and make available to You for download a file of Your Data in comma separated value (.csv) format. After such 30-day period We shall have no obligation to maintain or provide any of Your Data.

    8.4 Survival: The following Sections shall survive the termination and/or expiration of this Agreement: Sections 3 (Fees and Payment); 7 (Intellectual Property Ownership); 8 (Term and Termination); 9 (Representations and Warranties); 10 (Indemnification); 11 (Disclaimer of Warranties); 12 (Limitation of Liability); 14 (Notice); 17 (Confidentiality) and 18 (General).
     
  9. Representations & Warranties: Each party represents and warrants that it has the legal power and authority to enter into this Agreement. We represent and warrant that We will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that You have not falsely identified Yourself nor provided any false information to gain access to the Service.
     
  10. Indemnification:

    10.1. Indemnification by Us: We shall defend You against any claim, demand, suit, or proceeding ("Claim") made or brought against You by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify You for any damages finally awarded against, and for reasonable attorney’s fees incurred by, You in connection with any such Claim; provided, that You (a) promptly give Us written notice of the Claim; (b) give Us sole control of the defense and settlement of the Claim (provided that We may not settle any Claim unless the settlement unconditionally releases You of all liability); and (c) provide to Us all reasonable assistance, at Our expense.

    10.2. Indemnification by You: You shall defend Us against any Claim, enforcement action and/or legal or regulatory investigation made or brought against Us by a third party (including a state or federal regulator) (i) resulting from an allegation that Your Data, or Your use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law; and/or (ii) arising out of Section 6 of this Agreement (including, without limitation, Your breach of Section 6), and shall indemnify Us for any damages, fines, penalties finally awarded and/or assessed against, and for reasonable attorney’s fees incurred by, Us in connection with any such Claim; provided, that We (a) promptly give You written notice of the Claim; (b) give You sole control of the defense and settlement of the Claim (provided that You may not settle any Claim unless the settlement unconditionally releases Us of all liability); and (c) provide to You all reasonable assistance, at Your expense.

    10.3 Exclusive Remedy: This Section 9 states the indemnifying party’s sole liability and the indemnified party’s exclusive remedy for, intellectual property infringement claims.
     
  11. Disclaimer of Warranties: WE AND OUR LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. WE AND OUR LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR, EXCEPT AS OTHERWISE SET FORTH ON THIS PAGE, OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US AND OUR LICENSORS.

    THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
     
  12. Limitation of Liability: EXCEPT FOR LIABILITY ARISING UNDER OR OUT OF THE BREACH OF SECTION 2, 6, 10.1 OR 10.2 OR YOUR PAYMENT OBLIGATIONS, AS APPLICABLE, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE AND/OR THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU HEREUNDER FOR THE TWELVE MONTH PERIOD PRIOR TO THE DATE ON WHICH THE LEGAL ACTION ASSERTING THE FIRST OF ANY SUCH CLAIMS WAS FILED. EXCEPT FOR LIABILITY ARISING UNDER OR OUT OF THE BREACH OF SECTION 2, 6, 10.1 OR 10.2 AS APPLICABLE, IN NO EVENT SHALL WE AND/OR OUR LICENSORS OR YOU BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE AND/OR THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF WE AND/OR OUR LICENSORS OR YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THEM.

    Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to Us or to You.
     
  13. Local Laws and Export Control: The Service utilizes software and technology that may be subject to United States and foreign export controls. You acknowledge and agree that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. You agree to comply strictly with all applicable export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

    We and Our licensors make no representation that the Service is appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects.
     
  14. Notice: We may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in Your account information, or by written communication sent by first class mail or pre-paid post to Your address on record in Our account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Us (such notice shall be deemed given when received by Us) at any time by any of the following: letter sent by confirmed facsimile to Us at the following fax number: +1-415-962-0521; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Us at the following address: GoodData Corporation, 530 Bush Street, Suite 900, San Francisco, CA 94108, addressed to the attention of: Chief Executive Officer.
     
  15. Modification of Policies: We reserve the right to modify Our policies relating to the Service at any time, effective upon posting of an updated version of policies on Our website, and will provide You notice via email of any material modifications. You are responsible for regularly reviewing our website. Continued use of the Service after any such changes shall constitute Your consent to such changes.
     
  16. Assignment; Change in Control: This Agreement may not be assigned by either party without the prior written approval of the other, except that either party may, upon written notice to the other party, assign all of its rights and obligations under this Agreement to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be null and void. Notwithstanding the foregoing, any actual or proposed change in Your control that results or would result in a direct competitor of Ours directly or indirectly owning or controlling 50% or more of You shall entitle Us to terminate this Agreement for cause immediately upon written notice.
     
  17. Confidentiality: “Confidential Information” means data and information of a proprietary or confidential nature disclosed by You (“Disclosing Party”) to Us (“Receiving Party”) or Us (“Disclosing Party”) to You (“Receiving Party”) under or relating to this Agreement, including, but not limited to, trade secrets, computer programs, product plans, business strategies, proprietary tools, methodologies, software, and User passwords. Confidential Information shall not include (or shall cease to include) data or information that (i) is or becomes generally known to the public on or after the effective date of the first Order Form entered into between the parties, other than as a result of any act or omission of the Receiving Party; (ii) was rightfully known to the Receiving Party prior to its receipt from the Disclosing Party; (iii) is rightfully furnished to the Receiving Party by a third party without restriction as to use or disclosure; (iv) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; or (v) is disclosed with the prior written consent of the Disclosing Party. Data and information shall be considered to be Confidential Information if (i) designated as such by the Disclosing Party orally, in writing, or in any other form before the disclosure, or (ii) due to its character or nature, a reasonable person in a like position and under like circumstances would treat it as secret and confidential. We and You agree (i) to hold the other Disclosing Party’s Confidential Information in strict confidence; (ii) not to disclose Confidential Information to any third parties, except for employees and independent contractors who have a “need to know” and who have signed agreements containing disclosure and use restrictions no less stringent than those set forth herein; and (iii) not to use any Confidential Information for any purpose except as required to perform under this Agreement. This provision shall not prohibit the Receiving Party from disclosing information to the extent reasonably required by law; provided that the Receiving Party required to disclose such information shall provide prior notice to the Disclosing Party of such required disclosure and the opportunity to obtain an appropriate protective or other court order. The Receiving Party agrees that monetary damages alone are not a sufficient remedy in the event of Receiving Party’s breach of this Section 17, and therefore, in addition to any other rights and remedies available to Disclosing Party at law or in equity, Disclosing Party shall have the right to obtain immediate injunctive or other equitable relief in any court of competent jurisdiction without the necessity of posting a bond or other guarantee.
     
  18. General: This Agreement shall be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Other than as provided in the immediately following sentence, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the immediately preceding sentence, either party may seek immediate injunctive or other equitable relief in order to protect its confidential or proprietary interests in any court of competent jurisdiction. No text or information set forth on any other purchase order, check or other form or payment, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of this Agreement or use of the Service. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. This Agreement comprises the entire agreement between You and Us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein, and may only be modified in a writing signed by both parties.

Terms of Use

At GoodData, we want to make it easy for customers to verify the terms and conditions that govern the use of the GoodData service.  Please take a moment to find the appropriate agreement based on the date of purchase. 

Current Terms Of Use for services purchased after November 1, 2011
 
Terms of Use for services purchased between June 27, 2011 and November 1, 2011
 
For deals prior to June 27, 2011, please contact us.
 
If you are receiving GoodData services from a third party other than GoodData as part of a GoodData “Powered By” or similar program, then the Terms of Use here apply.
 
For any signature versions of the Terms of Use, the then-current template will be maintained by GoodData and by counsel, and will be made available on request.
 

Operational & Service Performance

We are committed to providing the highest level of service and operational transparency to our customers.

At GoodData, we strive to provide our customers with 99.5% platform uptime and have included a monthly breakdown of the GoodData platform’s performance in the chart below to provide our users with transparency into our product’s operational efficiency.

Read GoodData’s analysis of the April 2011 Amazon Web Services outage.

 

  Real Uptime Hours Down
2011
November 99.98% 0.13
October 99.96% 0.3
September 100% 0
August 98.87% 8.25
July 99.38% 4.5
June 99.79% 1.5
May 99.93% 0.5
April 86.6% 96.75
March 100% 0
February 99.79% 1.5
January 99.62% 2.75
2010
December 99.90% 0.75
November 99.97% 0.25
October 99.83% 1.25
September 99.90% 0.75
August 99.79% 1.5
July 99.90% 0.75
June 99.86% 1
May 99.93% 0.5
April 99.86% 1
March 99.76% 1.75
February 99.28% 5.25
January 100% 0
2009
December 99.84% 1.15
November 99.52% 3.5
October 99.79% 1.5
September 100% 0

 

Blog

SEO Pages.

Leadership

Roman Stanek, CEO and Founder

Roman is GoodData’s visionary leader; in 2007 he had the crazy idea that cloud computing could finally make good on the broken promises of generations of BI. Roman has been a tech entrepreneur for almost 20 years. He was Founder and CEO of NetBeans (acquired by Sun Microsystems) and Systinet (acquired by Mercury Interactive and later Hewlett Packard). Read Roman’s blog.
Email | Twitter | LinkedIn

Stephane Panier, CFO

Stephane brings more than a decade of experience managing the rapid growth of Internet-scale companies. Prior to joining GoodData, Stephane was president of Bebo, overseeing all global operations for AOL’s social network. Stephane also spent six years at Google, building the company’s Product and Engineering Finance team, leading the EMEA Financial Planning team and managing AdSense’s astronomical revenue growth.
Email | LinkedIn

Michael Gear, Vice President, Field Operations

Michael’s mandate is customer success. He has spent more than 16 years helping Fortune 1000 and internet companies monetize cross-channel solutions engineered and delivered in the cloud. Prior to joining GoodData, Michael was Vice President of Sales at Webtrends, inc. where he was responsible for 70% of the company’s revenue. Earlier, he was a principal member of the Akamai sales team, helping the company grow from $0-$250 million in annual revenue.
Email | LinkedIn

Zdenek Svoboda, Vice President, Platform

Zdenek turns ideas into products, co-founding GoodData and leading the effort to build the world’s first true multi-tenant Cloud BI platform. Zdenek has been building world-class products for more 15 years in engineering and product management roles at Hewlett Packard, Systinet and NetBeans.
Email | Twitter | LinkedIn

Jaroslav Gergic, Vice President, Engineering

Jaroslav manages GoodData’s engineering team, delivering a high-performance analytics service to thousands of users. Before joining GoodData, Jaroslav worked as a spend management consultant at Ariba, serving its Fortune 100 customers across Europe. Before Ariba, Jaroslav worked at various R&D positions at IBM, Reuters and LCS International.
Email | LinkedIn

Cliff Cate, Vice President, Customer Success

As Vice President of Client Services, Cliff spearheads client services, customer support, training and implementation teams. He is zealously focused on the success of all GoodData clients post contract signature. A Professional Service veteran, Cliff has 18 years of experience in the area of professional services and has a passion for using technology to solve business problems. Before GoodData, Cliff worked at CaseCentral, Oracle, Stellent and Viant.
Email | Twitter | LinkedIn

Board Members

John O'Farrell, Andreessen Horowitz

Larry Bohn, General Catalyst Partners

James Gellert, Windcrest Partners

Dave Girouard, Google Enterprise

Roman Stanek, GoodData

 

Investors

GoodData is backed by venture firms and private investors that still believe in the power of technology to disrupt markets.

General Catalyst Partners

Founded in 2000, General Catalyst Partners leverages its principals’ extensive operational, business development and technological expertise to provide portfolio companies with a catalyst for success through business-building and partnership development assistance. General Catalyst is headquartered in Cambridge, Mass.

O’Reilly AlphaTech Ventures (OATV)

O'Reilly AlphaTech Ventures is in the business of funding disruptors, innovators and hackers of the status quo. OATV is affiliated with O’Reilly Media which, from open source to the early days of the web and its recent resurgence, has played a key role as trend spotter, putting world-changing technologies on the map.

Andreessen Horowitz

Andreessen Horowitz was established in June 2009 by entrepreneurs and engineers Marc Andreessen and Ben Horowitz, based on their vision for a new, modern VC firm designed to support today’s entrepreneurs. Andreessen and Horowitz have a track record of investing in, building and scaling highly successful businesses.

Windcrest Partners

Windcrest Partners is an evergreen venture capital and private equity partnership. Together with its affiliate, Windcrest Microcap Investments, the firm invests in private companies at all stages of development.

Fidelity Growth Partners Europe

Fidelity Growth Partners Europe is a venture and growth capital investor which backs entrepreneurial companies in the IT and clean technology sectors across Europe. FGPE supports portfolio companies as they accelerate their growth.

 

Get Unrivaled Benefits

If you’re in the business of hosting customer data, you don’t have time to build dashboards and analytics from scratch, and OEMing traditional BI tools is almost as complicated.

 

It only takes 90 days to get Powered By GoodData
  • Quick Scope: Two Weeks
  • Technical Integration & Customer Pilots: 8 Weeks
  • Go to Market Plan: 2 Weeks
  • Ongoing Partnership: TBD

We’ve built the world’s most powerful cloud BI platform, and we’d love to give your customers easy access to it, delighting them in the process. No expensive OEM deals. No long engineering efforts. Offer your customers free or paid analytics products in 90 days. Partnering with GoodData gives you benefits unrivaled by any other approach:

 

See what getting Powered By GoodData has done for these trendsetters:

 


Support Analytics deliver insights on ticket volume, historical trends and support backlog.
 

Learn More

Mikkel Svane, CEO, Zendesk

 



Community Health Analytics provide world-class analytics for engagement, traffic and responsiveness.
 

Learn More

Wendy Lea, CEO, Get Satisfaction

 



Innovation Analytics measure the value of innovation on the top-line—from ideas to revenue.
 

Learn More

Matt Greeley, CEO, Brightidea

 



Customer Satisfaction Analytics give hotels unprecedented guest intelligence.
 

Learn More

Robert Honeycutt, CEO, Market Metrix



Loopt

Customer Engagement Analytics help Loopt retail partners track rewards and redemptions plus better understand how customers engage through the mobile channel.

Aurix

Customer Contact Analytics marry Aurix’s phonetic speech search technology with pre-built dashboards tracking customer KPIs around efficiency, risk and revenue.

Pardot

Marketing Analytics delight marketers hungry for metrics around their marketing funnel and campaign performance, nurturing success.

Castfire

Web Media Analytics let web properties measure audience reach and ad performance without struggling with complex tools or technology.

Pardot

Software Testing Analytics help companies continually improve their testing processes and outcomes by digging into the data around the multitude of tests conducted on Janova's automated software testing service.

Pardot

GoodData for Keynote Analytics provides Keynote customers with valuable insights into their business performance.

 

Become a Solution Provider

GoodData is constantly seeking partners to help deliver our cloud BI solutions to the market.

The solution provider program includes technical assistance and go-to-market support. Email us to find out more about becoming a GoodData Solution Provider.

Technology Partners

Since the very beginning, GoodData has been privileged to work with some of the most exciting companies and smartest people in the worlds of cloud computing and business intelligence.

GoodData’s unique cloud BI platform is built on top of Amazon Web Services, leveraging the elastic scalability and economic benefits of cloud computing.

GoodData and Boomi, the Integration Cloud Company™, work together to tackle the two largest problems with analytics in any company—accessing and analyzing the data that runs their business.

Okta provides identity and access management service that enables enterprises to accelerate the secure adoption of their web-based applications, both in the cloud and behind the firewall.

GoodData is integrated with Pervasive Data Integrator, making it easy for companies to create collaborative dashboards and advanced analytics in the cloud from the thousands of data sources Pervasive already connects to.

GoodData integrates with Scribe Online, Scribe Software's innovative cloud-based integration framework, to provide pre-built connectivity to Microsoft Dynamics CRM and other leading systems.

GoodData provides a free connector, or “Snap,” in the SnapStore, giving GoodData users instant access to every system supported by SnapLogic, integrating data from SaaS applications, social media, and internal databases and applications.

Customer Resources

At GoodData, we are committed to the success of our customers. After all, we're not just trying to provide a service, we're trying to fundamentally change the way they do business.

In this section, you'll find a collection of resources designed to help you get the most out of your GoodData experience.

Training Videos

These are the five training videos that our users have found most helpful in getting up and running with GoodData. You can find other topic specific training videos on our YouTube channel.

Product Overview
How it Works
Creating Reports
Drill Down & Drill In
Tips For Creating Reports

 

On-Demand Webinars

Whether you are a GoodData newbie, technical guru or just an analytics junkie, we offer a variety of webinars that will make you a GoodData champion. Check out one of our on-demand options below, or visit our events page to see a list of our upcoming webinars.

Demo of Snap Logic Connector
Build Analytics Apps: GoodData BI PaaS
Track Your Marketing Waterfall
Forrester Webinar: The ABCs of Marketing Analytics
How to Build Analytics into your Saas Application
The Metrics Behind TriNet’s Success
GoodData Sales Analytics for Salesforce
GoodData for Subscription Analytics
Killer SugarCRM Dashboards and Analytics with GoodData

White Papers & E-books

Measuring Lead To Cash Data to Dashboard
Metrics That Matter For B2B Demand Gen

Success Stories

Print Resources

Our Logo

 

GoodData has a culture unique to the Valley. With agile development and disruptive thinking, we thrive in this innovative startup environment. It's our pragmatism and determination to revolutionize BI that sets us apart.

We spend every hour of every day fine-tuning our vision and finding efficient and usable ways of delivering on it. We collaborate with our customers, our partners, our investors—anyone who shares our passion for cloud BI.

The people who have founded, invested in and contributed to the success of GoodData are successful entrepreneurs and analytics veterans. We understand the limitations of traditional BI solutions and we know how to re-engineer the game to satisfy technical and business users equally. We invite and encourage you to rewrite history with us.

A Day in the Life at GoodData
(we measure everything)

Who we are...

Current Openings:

GoodData in the News

October 10, 2011  •  MarketWatch

Keynote Systems and GoodData Deliever On-Demand Business Intelligence

August 24, 2011  •  New York Times

Behind the Glittery Web Start-UPs, Investors See Other Gold

August 18 2011  •  TechCrunch

Andreessen Horowitz Leads $15M Round In Cloud Business Intelligence Patform GoodData

May 18, 2011  •  SearchCIO.com

Cloud-Based Business Intelligence Making A Difference For Fast Movers

May 4, 2011  •  eWeek.com

Cloud Computing: 16 Hot Startups Under the Radar in 2011


May 2, 2011  •  San Francisco Chronicle

GoodData Launches New App on Salesforce.com


April 6, 2011  •  Contact Center Solutions

GoodData Launches GoodData Sales Analytics for SugarCRM


April 5, 2011  •  CRM Magazine

GoodData Delivers SugarCRM Sales Analytics


March 10, 2011  •  ZDNet

The SaaS list: A look at current on-demand favorites


November 12, 2010  •  TMCNet

Embedded Analytics Redefined by GoodData


November 11, 2010  •  The Hosting News

GoodData Powers Dashboards Across SaaS and Cloud Ecosystem


November 2, 2010  •  The Street.com

Pervasive Software and GoodData Team for Cloud Analytics


August 26, 2010  •  Search Cloud Computing

GoodData: 2010 Top Cloud Computing Startup Search Cloud Computing


August 11, 2010  •  Information Management

GoodData and SnapLogic Connect Data for Dashboards and Analytics


July 28, 2010  •  TechCrunch

GoodData Secures Another $6.5 million In A Round Led By Fidelity


June 21, 2010  •  Cloud Computing Showplace – ThinkStrategy

GoodData Wins Best of SaaS Showplace Award


May 16, 2010  •  Gigaom

How the Cloud Is Putting the Sizzle Back Into Business Intelligence


February 23, 2010  •  InformationWeek

Global CIO Quick Take: GoodData Helps Enterasys Master The Cloud


Dec 11, 2009  •  Sys-Con Media News

Cloud Computing Startup Wins Amazon Challenge


December 9, 2009  •  Seattle Post-Intelligencer

GoodData, Bizo Among AWS Winners


December 1, 2009  •  TMCnet

GoodData Uses Dreamforce to Announce Enterasys Deal


November 12, 2009  •  TMCnet

GoodData Launches Solution Provider Program to Broaden Adoption of SaaS Business Intelligence


October 14, 2009  •  TechCrunch

Good Data Raises $2.5 Million from Andreessen Horowitz and Others


October 2, 2009  •  ZDNet

Blind To The Elephant In The Cloud


April 23, 2009  •  TechCrunch

Czech Cloud Startup Good Data Raises Funding From Marc Andreessen And Others


March 15, 2009  •  Xconomy

Good Data Raises Round, Leaves Cambridge


July 23, 2008  •  Boston Business Journal

Good Data Snags Seed Funding

Webinars & Appearances

We love meeting our users, online and off. Our events are a great chance to learn something new about our product or just see what we've been up to.

BI Without the BS

When we started GoodData, in 2007, our founding vision was simple: Connect more business people to business data to help them make better business decisions.

It may sound naive at first glance, but I'm amazed by how few front-line employees, managers and executives actually see any of the data that increasingly drives their business. In today's world, with valuable customer and operational data seemingly everywhere, that's unacceptable.

From day one, our plan to execute this vision has been based on three core concepts:

  1. Deliver a complete platform: I believe in delivering complete products. In the world of BI, that means taking care of data integration, warehousing, analytics, reporting and dashboards. Our goal is to get rid of the convoluted BI value chain, the dozens of technologies that have to be cobbled together by IT or consultants just to get started.
  2. Make it accessible: Good data should be shared, but BI tools are often the realm of Ph.D. stats geeks or IT nerds. We strive to make our reporting and dashboards accessible to normal human business people. That's why our UI looks more like LinkedIn than Cognos.
  3. Leverage the economics of the cloud: Since we provide GoodData as a hosted solution, we can pass on the tremendous operational savings to our customers. That means you can get started for $1,000, and grow with your success—a big shift from six-figure investments to build out infrastructure you may never use.

We already have a groundbreaking tool. We also have an outstanding team of people who are totally dedicated to the possibilities of the cloud. We'd like to think we have made a lot of progress on our vision, but really, we're just getting started.

Built From the Cloud Up

BI doesn’t have to be an IT headache. Don’t spend your time building reports and dashboards for business users; with GoodData, they can do it themselves.

Don’t worry about maintaining and upgrading servers; we’ll handle it for you. Built as a complete, integrated platform and offered as a service, GoodData delivers on the fundamental promise of the cloud: on-demand, self-service utility without sacrificing any power.

GoodData is...

...a complete BI stack.

GoodData isn’t just about dashboards and reports. It’s a powerful tool with an analytical engine, data marts, event-based data warehouse, transformation engine and connectors to cloud and on-premises data sources.

...a platform-as-a-service.

Unlike traditional BI, GoodData supports the BI lifecycle: provision, model, load, operate, optimize. Take the plumbing off your to-do list and focus on your value-add.

...multi-tenant.

There’s a single platform instance across all apps and data marts hosted on our platform. Every customer gets every feature when it’s released, without painful forced migrations.

...scalable, secure and reliable.

GoodData elegantly scales to meet your demand; no more worrying about hardware trade-offs. Rock-solid security provides the peace of mind needed to host sensitive customer data, and proven uptime reliability for the last two years means no angry phone calls.

...open.

Everything you need to make your business more metrics-driven is built on open, REST-based APIs and easy-to-consume HTML widgets, from dashboards and reports to report calculations, data mart, data model and user provisioning, and data integration.

Powerfully Simple

Companies like yours are increasingly interested in managing by the metrics, and now with GoodData, it's easy to do just that. You can quickly create dashboards, perform operational reporting and dive deep into your data without enlisting your propeller-head friends in IT.

Evolve Your Approach to Buying BI

GoodData offers a new way to deliver dashboards and analytics for your company and to your customers. It's a simpler way—and a less expensive one.

Instead of forcing you to cobble together technologies from scratch, you can get started in minutes with GoodData's complete on-demand platform. You can deliver your first project in weeks and extend it easily—with more data, more sources, more analytics, more dashboards, more users.

5 tips to help you scope out the right approach

  1. Change is constant.

    If you cannot iterate on your dashboards and analytics in a month or less, are you really keeping up with your business? Agility is key.

  2. Drill, baby, drill.

    You can never fully predict how business users will want to analyze their data, so give them complete freedom to drill down in any direction they choose.

  3. Great is the enemy of good.

    We all want to deliver the perfect analytics, but keep in mind that business users are so starved for business data, anything they get is like manna from heaven. Deliver them something good in a week as opposed to something great in six months.

  4. Beware the data monster.

    Analytics means tackling your data at some level. Beware of the extremes: approaches that "bring all your data together in a single place for a single view of everything," as well as solutions that ignore the data problem (rule of thumb: no data warehouse means no historical trending, no cross-data analysis).

  5. Get yourself out of the plumbing business.

    Do you really want to be installing, managing, configuring and optimizing servers, software, databases and tools, and administering users? Rid yourself of these headaches.

GoodData provides operational dashboards, advanced reporting and data warehousing at a fraction of the cost and complexity of other approaches. Trusted by scores of companies across diverse industries and embedded into offerings from cloud innovators—including Zendesk, Get Satisfaction and Pardot—GoodData is the future of BI. You can find us in San Francisco; in Prague and Brno, Czech Republic; and in the cloud.
 

Roman's Vision

"Our founding vision is simple: Connect more business people to business data to help them make better business decisions."

Read Roman's Vision

A Better Way to Buy BI

Call it on-demand, software-as-a-service, cloud or whatever, the shift is obvious. Instead of investing in building and maintaining your own infrastructure, buy services delivered in the cloud and pay by subscription.

You can finally stop buying, hosting, configuring, integrating, managing and upgrading data warehouses, analytics engines, report builders, visualization tools, dashboards and BI governance frameworks. And it will no longer take three months to deliver the next dashboard to your marketing team.

Why build when you can buy?

Buy with us

  • Lower total cost of ownership

  • Quick time to value (weeks, not months!)

  • Power without unnecessary complexity

Build with them 

  • Huge financial commitment, initial and ongoing

  • Additional head count required to maintain

  • Hard to scale, expensive to modify

 

With GoodData, you have less to worry about, faster implementation and lower overall costs. Get started now.

 

Learn more about our services here.

 

Apps are the best way to get started with GoodData. Your data, in a dashboard, helping you address a nagging business problem. That's it.

Building a Metrics-Driven Business at Gazelle

Our customers know the power of GoodData dashboards. People throughout these companies can view, parse and report on operational data at their convenience.

In fact, it's made believers out of entire organizations—they realize that managing by metrics can literally transform their business. Hear first-hand from our many customers why they demand GoodData.

BI the Way It Should Be

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We connect business people with the data they need to make better decisions.

Traditional BI solutions are monolithic; they don’t evolve at the speed of business. GoodData makes BI an on-demand service. You can adopt it quickly and evolve it simply without the usual broken promises and soul-crushing failures you’ve experienced with BI. Start small, grow with your success and become more metrics-driven with each new dashboard.

For business users, that means operational dashboards that put key metrics and reports front-and-center in your daily business life.

For the technical people, it’s an entirely new way to deliver BI for your company.

Partnering is in Our DNA

The Benefits of Partnership

GoodData’s SaaS model and commitment to the power of cloud computing makes us an ideal partner for data-driven businesses of all types, shapes and sizes.

Whether you’d like GoodData’s platform to power your in-product analytics, want to help us deliver our BI solutions to the market or would simply like to work alongside us and share technology, we’re open to collaboration.

There are three ways to partner:

Take a look at the economics...

Ours $2,000-5,000/mo

Based on success, with minimal upfront investment; grows with your usage.

Theirs $100,000-500,000+

Just in software and hardware alone! Add in “people" costs and it can really skyrocket.

With GoodData, you have less to worry about, faster implementation and lower overall costs. The only question is...

 

What will you do with all your leftover BI budget?