This Terms was last modified on 23 April 2026.
Welcome to the Launchmetrics Brand Performance Cloud (the "Launchmetrics Cloud") which supports brands in launching their campaigns with efficiency to amplify reach & ROI and enables brands to measure and improve their overall brand performance, brand campaigns and benchmark against their competitors through data and analytics. The Launchmetrics Cloud includes the following Services:
each a Service and collectively, the "Services" of Fashion GPS, Inc. d/b/a Launchmetrics and any of its parents, subsidiaries, affiliates, successors, and those acting with its authority ("Launchmetrics", "we," or "us"). For a full list of Launchmetrics affiliates please click here.
This page explains the terms ("Terms") by which You may use any aspect of the Launchmetrics Cloud.
By accessing or using the Launchmetrics Cloud, You signify that You have read, understood, and agree to be bound on your behalf or the behalf of a company, organization, or other entity ("Customer") for which You are an authorized representative by (1) these General Terms of Use (the "General Terms" or "Terms") and (2) to the collection and use of your information as set forth in the Launchmetrics Cloud's Privacy Policy (collectively the "Terms"). We reserve the right to make unilateral modifications to these Terms and will provide notice of these changes as described below. These Terms apply to all visitors, users, and others who access Launchmetrics Cloud ("Users", "You" or "your"). If You have signed a Service Provider Agreement or an Order Form for the Services (the "Agreement"), these Terms shall coexist with, and shall not supersede, the terms and conditions of such Agreement. To the extent that the provisions of these Terms conflict with some provisions of the Agreement, the conflicting provisions in the Agreement shall govern.
These Terms give You specific legal rights, and You may also have other legal rights in addition, which vary from jurisdiction to jurisdiction. The exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions may not apply to You.
1. USE OF OUR SERVICES.
A. Eligibility. You may use the Launchmetrics Cloud only if You have executed a binding contract with Launchmetrics, and only in compliance with the General Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Launchmetrics Cloud by anyone under 13 is strictly prohibited and in violation of these Terms.
B. Launchmetrics Services. Subject to your compliance with the terms and conditions of these General Terms and applicable law, You are hereby granted a term subscription, software as a service ('SaaS'), non-exclusive, non-transferable, revocable license to use the Launchmetrics Cloud and the Services. Your license(s) shall remain in effect until and unless terminated by You or Launchmetrics per the Agreement. The version(s) of the Services available at your Renewal Term (as defined in the Agreement) may be different from the version(s) available when You originally contracted with us. You agree that your decision to use our Services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
The extent of the Services to which You may have access to may be dependent on the relevant Service Plan (available here), Term of the Agreement and timely payment of Service Fees as set forth in the Agreement.
The Launchmetrics software applications ("Mobile Software") are not sold or transferred to You, and Launchmetrics retains ownership of all copies of the Launchmetrics software applications even after installation on your mobile device or tablets and/or other devices ("Devices").
C. Launchmetrics Accounts. To use most of our Services, You must first create an account ("Account"). Your Launchmetrics Account gives You access to the Services and functionality that we provide and maintain. We may maintain different types of accounts for different types of Users depending on the Services.
By connecting to the Launchmetrics Cloud with a third-party service, You give us permission to access and use your information from that service and as permitted by that service. Your Account must be personal, and you shall not share your login and password with anyone else and You should not use another User's Account without permission. When creating your Account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your Account, and You must keep your Account password secure. You should use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account and in any case in compliance with Launchmetrics password requirements displayed when You create your Account. You must notify Launchmetrics immediately at security@launchmetrics.com of any breach of security or unauthorized use of your Account. Launchmetrics will not be liable for any losses caused by any unauthorized use of your Account. You may control your User privileges by changing the settings in your Account page.
By providing Launchmetrics your email address You consent that we may send You Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send You other messages, such as changes to features of the Services, reports requested when logged-in to some Service and communication by our marketing team regarding the Services. If You do not want to receive such marketing email messages, You may opt out directly through those emails or you can contact Launchmetrics' Data Protection Officer ("DPO") at dpo@launchmetrics.com.
D. AI Use Disclaimer. Certain features and functionalities of the Launchmetrics Cloud may be powered by artificial intelligence ("AI") tools and technologies ("AI Tools"). By using the Services, you acknowledge and agree to the following:
(i) AI-Assisted Outputs. The Services may use AI Tools to generate, analyze, process, or present information, content, or other outputs ("AI Outputs"), as well as to provide you a first layer of support.
(ii) No Reliance Without Validation. AI Outputs are provided for informational and assistive purposes only, and do not constitute professional advice. They may contain errors, inaccuracies, or omissions. Please verify critical details independently before making decisions; If you need authoritative guidance, please consult a qualified professional. Launchmetrics expressly disclaims any liability arising from your reliance on AI Outputs without such independent validation.
(iii) Limitation of Liability. To the maximum extent permitted by applicable law, Launchmetrics shall not be liable for any loss, damage, or harm arising out of or in connection with your use of or reliance on AI Outputs generated through the Services.
(iv) Ongoing Development. AI Tools used within the Services are subject to ongoing development and improvement. The nature, scope, and accuracy of AI Outputs may change over time without prior notice.
For the avoidance of doubt the term "AI Tool" indicates any artificial intelligence tools developed or deployed by Launchmetrics (including third party's artificial intelligence or machine learning technology), as applicable, that is (a) capable of (i) generating new content (including by processing existing content) or (ii) suggesting actions, or acting with human approval; (b) made available as part of the Launchmetrics Service.
2. SERVICE RULES.
A. User Guidelines. You agree not to engage in any of the following prohibited activities: (a) modifying, copying, translating, disassembling, decompiling, adapting, combining, creating derivative works based on, or creating or attempting to create, by reverse engineering or otherwise, the Services or any component thereof, or use any other means to attempt to discover the source code, algorithms or trade secrets underlying the Services (except and only to the extent these restrictions are expressly prohibited by applicable law); (b) not interfere with or disrupt the integrity or performance of the Services or the data contained therein by (i) compromising the system integrity or security or attempting to gain unauthorized access to the Services or its related systems or networks, or (ii) knowingly, recklessly or negligently sending or storing any User Content or other material containing any technical defects, software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (c) not use any of Launchmetrics' Confidential Information (defined below) and Launchmetrics Intellectual Property Rights (defined below) to create any service, software or other documentation that performs similar functionality, feature and graphic to that of the Services; (d) not access or attempt to access information concerning (i) other customers of Launchmetrics or (ii) proprietary information of Launchmetrics not related to these Terms or another agreement currently in force between a User and Launchmetrics; (e) not to use the Services, and/or process any deliverables, documents or data obtained or generated through the Service, to create, develop, train, or improve any AI models or technologies.
You acknowledge and agree that, in compliance with the applicable data protection and privacy laws, Launchmetrics may monitor and track usage of the Services to verify compliance with the use and access rights granted hereunder and compliance with these Terms.
B. User Content. Some areas of the Services may allow Users to provide us with content or information, including without limitation text, photos, images, personal data, information, fonts or any other materials ("User Content"). We claim no ownership rights over User Content created by You, except for the limited rights that enable us to provide, improve, promote and protect the Services.
C. User Content License Grant. You expressly grant to Launchmetrics a nonexclusive, royalty-free, worldwide, sublicensable, right and license to access, host, store, digitally transmit, process and use User Content, solely for the purpose of providing the Services and as otherwise set forth in these Terms and the Agreement. Users shall retain ownership of all User Content, subject to the rights and licenses granted herein.
D. Mobile Software.
3. OUR PROPRIETARY RIGHTS.
A. Launchmetrics Content. Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, (the "Launchmetrics Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Launchmetrics and its licensors. Except as explicitly provided herein, nothing in these General Terms shall be deemed to grant any rights to, or create a license in or under, any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Launchmetrics Content. Use of the Launchmetrics Content for any purpose not expressly permitted by these General Terms is strictly prohibited.
B. Feedback. You may choose to or we may invite You to submit suggestions, enhancement, request, recommendation, correction or other feedback about the Services or the Launchmetrics Cloud, including without limitation about how to improve the Services ("Feedback"). By submitting any Feedback, You agree that your disclosure is gratuitous, and without restriction and will not place Launchmetrics under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to You, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Launchmetrics does not waive any rights to use similar or related enhancements previously known to Launchmetrics, or developed by its employees, or obtained from sources other than You.
C. Aggregate Data. Subject to applicable data protection, intellectual property laws, and AI regulations (including, but not limited to, the EU AI Act), and without prejudice to any confidentiality obligations, you agree that Launchmetrics may use, organize, and compile statistical and other aggregated information related to the performance, operation, and use of the Services (the "Analyses"). These Analyses are conducted (i) as part of the Services subscribed, and/or (ii) for security and operations management, creating statistical reports, research and development, and supporting internal business reporting. The Analyses may be conducted and powered with the support of AI Tools. Please note that the Analyses will not incorporate any personal or confidential information in a way that could identify any individual. Launchmetrics retains all intellectual property rights in the Analyses and may make them publicly available.
4. DMCA NOTICE.
We respect the Intellectual Property Rights of others, and we expect our Users to do the same. We will respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If You believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Launchmetrics Cloud, please notify Launchmetrics' copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, You must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that You claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services or Launchmetrics Cloud; 4. Information reasonably sufficient to permit Launchmetrics to contact You, such as your address, telephone number, and e-mail address; 5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to legal@launchmetrics.com or at: Copyright Legal - 110 E 25TH Street, Suite 416, New York, NY 10010, USA.
If You file a DMCA notice when there is no infringing use, You could be liable for costs and attorneys' fees. The preceding requirements are intended to comply with Launchmetrics' rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, Launchmetrics has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Launchmetrics may also at its sole discretion limit access to the Launchmetrics Cloud or a specific and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. CONFIDENTIAL INFORMATION.
Under these Terms, "Confidential Information" means all information disclosed by one Party (the "Disclosing Party") to the other party (the "Receiving Party") in connection with the Agreement and the Services, 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 and whether deliberately or unintentionally disclosed to the Receiving Party that has not been in the public domain. Each Party may share the other Party's Confidential Information with its affiliates, employees, agents or contractors having a legitimate need to know, provided that the Receiving Party remains responsible for any recipient's compliance with this paragraph and that these recipients are bound to confidentiality obligations no less protective than this paragraph.
6. PRIVACY.
We process and use Personal Information and Customer Content (i.e Customer's data, information and other materials provided by Customer in electronic or other form, or Customer's Service usage data) to deliver, analyze, support and improve the Launchmetrics Cloud and the Services and as otherwise permitted in these Terms, and Launchmetrics Cloud Privacy Policy. Launchmetrics will maintain appropriate administrative, physical and technical measures, to protect the security, privacy and confidentiality of the Personal Information and Customer Data processed by Launchmetrics. You understand that by using the Launchmetrics Cloud your Personal Information may be collected, used, transferred to and processed in the United States and in the EEA.
7. SECURITY.
Launchmetrics cares about the integrity and security of your Customer Content. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your Personal Information or Customer Content for improper purposes. By using the Service you acknowledge to have read and accepted the Launchmetrics Cloud Privacy Policy available here and you consent to provide your personal information to Launchmetrics for the purposes indicated therein.
8. THIRD-PARTY LINKS.
Some of our Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Launchmetrics. Launchmetrics does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If You access a third party website from one of our Services, You do so at your own risk, and You understand that the Terms do not apply to your use of such sites. You expressly relieve Launchmetrics from any and all liability arising from your use of any third-party website, service, or content.
Third party Terms of service
Discover uses YouTube's API to run queries based on your search terms, in order to identify relevant videos on the platform. Therefore, by using Discover, you also agree to YouTube terms of service and Google Privacy Policy that can be accessed here: Terms of Service Privacy Policy – Privacy & Terms – Google
Please visit the web page https://security.google.com/settings/security/permissions to know more about Google's security settings about revoking your consent to the access to your data. In addition, for any privacy questions, please feel free to contact Launchmetrics at dpo@launchmetrics.com or to visit Launchmetrics Cloud Privacy Policy available here.
Discover uses Meta's API to run queries based on your search terms, in order to identify relevant content on the platform. Therefore, by using Discover, you also agree to Meta terms of service and Meta Privacy Policy that can be accessed here: Facebook Terms & Policies
Discover uses Instagram's API to run queries based on your search terms, in order to identify relevant videos and pictures on the platform. Therefore, by using Discover, you also agree to Instagram terms of service and Instagram Privacy Policy that can be accessed here : Help Center Meta Privacy Policy - How Meta collects and uses user data
Discover uses Twitter's API to run queries based on your search terms, in order to identify relevant content on the platform. Therefore, by using Discover, you also agree to Twitter terms of service and Twitter Privacy Policy that can be accessed here: X Terms of Service X Privacy Policy
By using Discover, you also agree to Douyin terms of service and Douyin Privacy Policy that can be accessed here: "抖音"隐私政策 "抖音"用户服务协议
By using Discover, you also agree to WeChat terms of service and WeChat Privacy Policy that can be accessed here: WeChat - Terms of Service WeChat - Privacy Policy
By using Discover, you also agree to Weibo terms of service and Weibo Privacy Policy that can be accessed here: 新浪微博个人信息保护政策 《微博服务使用协议》
By using Discover, you also agree to Bili bili terms of service and Bili bili Privacy Policy that can be accessed here: 哔哩哔哩隐私政策 哔哩哔哩弹幕网用户使用协议
9. INDEMNITY.
A. Our Indemnification Obligations. Launchmetrics shall indemnify, defend and hold You harmless from and against any third-party claims, costs, expenses, demands, causes of action, losses or liability (collectively "Claims", including reasonable attorneys' fees and disbursements) arising out of our violation of a third party's Intellectual Property Rights directly arising out of your use of the Services in accordance with the terms of these Terms, the Agreement, and in the Data Processing Agreement attached to the Agreement. The foregoing indemnity constitutes Launchmetrics' sole liability and your sole remedy in the event of any third-party Claim relating to the Services.
B. Your Indemnification Obligations. You agree to indemnify, defend and hold harmless Launchmetrics, its members, shareholders, directors, officers, employees, and agents from and against any Claims arising out of : (i) your use of and access to the Launchmetrics Cloud or Services, including any Data or Content transmitted or received by You; (ii) your violation of any term of these General Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your Account; or (vi) any other party's access and use of the Services with your unique username, password or other appropriate security code.
10. NO WARRANTY.
THE SERVICE AND ALL INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND LAUNCHMETRICS MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, IN FACT OR BY LAW OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING, INCLUDING BUT NOT LIMITED TO THE SERVICES (OR ANY PART THEREOF) ACCURACY, TIMELINESS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUSES AND, COMPATIBILITY OF ANY PARTICULAR SOFTWARE OR HARDWARE WITH THE SERVICES AND DISCLAIMS THE REPRESENTATIONS, OBLIGATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LAUNCHMETRICS OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
USE OF THE SERVICES ARE AT YOUR OWN RISK. LAUNCHMETRICS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LAUNCHMETRICS SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.
SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, LAUNCHMETRICS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR OR CUSTOMER USE OR INABILITY TO USE, THE SERVICES AND THE LAUNCHMETRICS CLOUD, OR ANY THIRD PARTY'S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, ANY LOSS OF BUSINESS, CONTRACTS, PROFITS, GOODWILL, REVENUES, ANTICIPATED PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOST BUSINESS INFORMATION OR THE VIOLATION OF CUSTOMER OR YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF SUCH DAMAGES COULD HAVE BEEN FORESEEN OR IF YOU OR THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARE ARISING IN CONTRACT, TORT, OR OTHERWISE.
UNDER NO CIRCUMSTANCES WILL LAUNCHMETRICS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAUNCHMETRICS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL LAUNCHMETRICS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO LAUNCHMETRICS PURSUANT TO THE AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these General Terms removes or limits Launchmetrics' liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
12. BETA FEATURES.
We may occasionally release or offer features or tools within the Launchmetrics Cloud designated as "beta," "preview," or "experimental." These features are provided on an "as is" basis, without any warranties. They may be incomplete, subject to change at any time, and potentially discontinued without prior notice at Launchmetrics sole discretion. They may also transition from being offered for free to becoming paid features. Use of these features may also be subject to additional terms.
13. GOVERNING LAW, VENUE AND JURISDICTION SPECIFIC TERMS.
A. Rules. Unless otherwise indicated in your Agreement or unless your Agreement is with one of our European affiliate companies, these Terms shall be governed by the laws of the State of New York, without reference to conflict of laws principles. Any dispute or difference shall be finally resolved before a single arbitrator in accordance with the Rules of the American Arbitration Association, in the State, New York County and City New York. The award of the arbitrator shall include a written explanation of his decision and be limited to remedies otherwise available under these Terms and shall be binding upon the Parties and enforceable in any court of competent jurisdiction. Otherwise You hereby expressly agree to submit to the exclusive personal jurisdiction of the jurisdiction indicated in the Agreement for the purpose of resolving any dispute relating to these Terms or access to or use of the Services by You.
B. No Class Actions. You may only resolve disputes with us on an individual basis, and You may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
14. GENERAL.
A. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Launchmetrics without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Third-Party Beneficiaries. These Terms do not grant any benefits to any third party unless it expressly states otherwise.
C. Notification Procedures and Changes to the Terms. Launchmetrics may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to You via email notice, written or hard copy notice, or through posting of such notice on our website (e.g. via a pop-up banner), as determined by Launchmetrics in our sole discretion. Launchmetrics reserves the right to determine the form and means of providing notifications to our Users, provided that You may opt out of certain means of notification having marketing purposes as described in these Terms. Launchmetrics is not responsible for any automatic filtering You or your network provider may apply to email notifications we send to the email address You provide us. Launchmetrics may, in its sole discretion, modify or update these Terms from time to time, and so You should review this page periodically. When we change the Terms in a material manner, we will update the 'last modified' date at the bottom of this page. Your continued use of the Launchmetrics Cloud after any such change constitutes your acceptance of the new Terms. If You do not agree to any of these terms or any future Terms, we advise not to use or access (or continue to access) the Launchmetrics Cloud.
D. Entire Agreement/Severability. These Terms, together with any additional agreements You may enter into with Launchmetrics in connection with the Launchmetrics Cloud and any of the Services, shall constitute the entire agreement between You and Launchmetrics concerning the Launchmetrics Cloud and the respective Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
E. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Launchmetrics' failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
F. Force Majeure. Except for payment obligations, neither You or Launchmetrics will be responsible for failure of performance due to an event beyond the affected party's reasonable control, including acts of God, acts or regulation of government or any government agency, severe weather events, fire, natural disasters, pandemics or epidemics, civil unrest, acts of terror, strikes or other labor problems not involving an affected Party's employees, computer or telecommunications failures or delays involving hardware or software not within such affected party's possession or reasonable control, failure of any internet service provider, and network intrusions or denial of service attacks, in so far as such an event prevents or delays the affected Party from fulfilling its obligations and such party is not able to prevent or remove the Force Majeure at reasonable cost.
G. Trademarks. Launchmetrics and Launchmetrics Services are trademarks or registered trademarks of Launchmetrics and/or its affiliates in the United States and other countries.
H. Contact. Please contact us at legal@launchmetrics.com with any questions regarding these Terms.
I. English Version. These General Terms were originally written in English. The English version of the Terms will be the version used when interpreting or construing the Terms except where prohibited by applicable law.