Synthetic Traffic Terms of Service

1. Terms

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using http://syntraffic.com or http://synthetictraffic.com website and the SynTraffic application (the "Service") operated by O8 LLC ("us", "we", or "our"). By accessing and using this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Synthetic Traffic's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Synthetic Traffic's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Synthetic Traffic at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Fees and Payments

3.1 Fees for Services

You agree to pay to Synthetic Traffic any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

3.2 Subscriptions

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

3.3 Taxes

Unless otherwise stated, you are responsible for any taxes (other than SynTraffic’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay SynTraffic for the Services without any reduction for Taxes. If SynTraffic is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide SynTraffic with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. SynTraffic will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from SynTraffic Europe for business reasons, and are located in a different European Union member state from SynTraffic Europe. If you are required by law to withhold any Taxes from your payments to SynTraffic, you must provide SynTraffic with an official tax receipt or other appropriate documentation to support such payments.

3.4 Price Changes

SynTraffic may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. SynTraffic will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

3.5 Overage Fees

Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.

4. Disclaimer

  1. The materials on Synthetic Traffic's web site are provided "as is". Synthetic Traffic makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Synthetic Traffic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

In no event shall Synthetic Traffic or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Synthetic Traffic's Internet site, even if Synthetic Traffic or a Synthetic Traffic authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on Synthetic Traffic's web site could include technical, typographical, or photographic errors. Synthetic Traffic does not warrant that any of the materials on its web site are accurate, complete, or current. Synthetic Traffic may make changes to the materials contained on its web site at any time without notice. Synthetic Traffic does not, however, make any commitment to update the materials.

7. Links

Synthetic Traffic has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Synthetic Traffic of the site. Use of any such linked web site is at the user's own risk.

8. Site Terms of Use Modifications

Synthetic Traffic may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to Synthetic Traffic's web site shall be governed by the laws of the State of Washington without regard to its conflict of law provisions.