If you have a signed contract with CatchMetrics Ltd., that agreement manages your use of the platform and supersedes in its entirety these terms and conditions.
If you do not have a signed contract, the pilot terms and conditions apply
These Pilot Terms and Conditions govern your pilot of CatchMetrics Ltd. ("CatchMetrics") services (the "Services"). By signing up to the product and providing your account details, you agree to these Pilot Terms and Conditions. You may access the Services for that period of time specified by CatchMetrics offering the pilot beginning from the moment that CatchMetrics activates your pilot (the "Pilot Period"). If you do not take any action, your access to the Services will be terminated at the end of the Pilot Period. You may only use a pilot once. CatchMetrics reserves the right, in its absolute sole discretion, to terminate or to modify your pilot and/or these Pilot Terms and Conditions at any time without prior notice and without liability.
TO THE EXTENT ALLOWED UNDER LAW, CATCHMETRICS (A) DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDES THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE EXTENT ALLOWED UNDER LAW, BY USING THE SERVICES YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. IN NO CASE INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM CATCHMETRICS'S NEGLIGENCE, SHALL CATCHMETRICS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR CONTRACTORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.
IN THE EVENT OF ANY DIRECT LOSS THE MAXIMUM LIABILITY UNDER THE PILOT WILL BE LIMITED TO £5000 (or local currency equivalent) FOR BOTH CATCHMETRICS AND THE CUSTOMER.