Last Updated: July 5, 2022
We (the team at Yavda) are on a mission to use technology for improving efficiency and experience. We hope you love our products and services — from data analytics services to technology solutions to the next great idea that we haven’t even thought of yet — as much as we love creating them. These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don’t agree to these Terms, don’t use our services.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom (“European User”), some special terms apply to you as mentioned below.
These Terms govern your access to and use of the products and services we provide through or for PBIVizEdit .com and Yavda Analytics services (collectively, “Services”). Please note that both our products and services are intended for commercial use and you acknowledge that your use is that of a representative of a business (as defined by applicable law) and not that of a consumer.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services as stated in the Terms, and the Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to all countries outside India. All Yavda Services
If you reside outside of the Designated Countries: Yavda Analytics Private Limited
If you reside in the Designated Countries: Yavda Analytics Private Limited
We refer to Yavda Analytics Private Limited as “Yavda” “us,” or “we” throughout these Terms.
2. Your Account
3. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like data, charts, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
We don’t have any control over third-party websites.
A link to or from one of our Services does not represent or imply that we endorse any third-party website.
We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
5. Fees, Payment, and Renewal
a. Yavda Fees
Fees for Paid Services- Some of our Services are offered for a fee, like certain pbivizedit.com plans or Yavda Analytics Services (collectively, “Paid Services”). This section applies to any purchases of Paid Services.
By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees (AKA subscriptions), your subscription begins on your purchase date, and we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees you pay us a percentage of the revenue your website generates. Revenue-based fees are ongoing.
Taxes- To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment from you.
Payment- You must provide accurate and up-to-date payment information. By providing your payment information, you authorize us to store it until you request deletion. If your payment fails, we suspect fraud, or Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), we may immediately cancel or revoke your access to Paid Services without notice to you. You authorize us to charge any updated payment information provided by your bank or payment service provider (e.g., new expiration date) or other payment methods provided if we can't charge your primary payment method.
Automatic Renewal- By enrolling in a subscription, you authorize us to automatically charge the then-applicable fees and Taxes for each subsequent subscription period until the subscription is cancelled. If you received a discount, used a coupon code, or subscribed during a free trial or promotion, your subscription will automatically renew for the full price of the subscription at the end of the discount period. This means that unless you cancel a subscription, it'll automatically renew and we'll charge your payment method(s). You must cancel at least one month before the scheduled end date of any annual subscription and at least 24 hours before the end of any shorter subscription period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can get information on your renewal date(s), cancel, or manage subscriptions by contacting the support team.
Fees and Changes- We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
Excess Use- Excess Use of the Software by Customer may accrue interest at the lower rate of 1.5% per month or the maximum rate permitted by law. In addition, if Excess Use continues for more than 30 days, we may suspend Support and/or revoke the license to our Services and Software until the amount is paid in full.
Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
European Users: You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of a customized nature, the service has not been fully performed, or subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.
If you cancel this contract, we will reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If you have requested that we begin our services during the withdrawal period, you will pay us a reasonable amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.
You may exercise your right to withdrawal by sending a clear, written request to: PBIVizEdit support
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
7. General Representation and Warranty
Our mission is to improve efficiency and experience through technology, and our Services are designed to give you control over your data. You represent and warrant that your use of our Services:
Will be in strict accordance with the Agreement;
Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
Will not infringe or misappropriate the intellectual property rights of Yavda or any third party;
Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
Will not disclose the personal information of others;
Will not be used to send spam or bulk unsolicited messages;
Will not interfere with, disrupt, or attack any service or network;
Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
pbivizedit.com Website, custom visuals and Accounts- pbivizedit.com enables you to create beautiful and insightful custom visuals, and we would love for you to use it. A pbivizedit.com account allows you to sign into our PBIVizEdit Services. pbivizedit.com’s custom visuals are free for Power BI Desktop use, and we offer paid plans that add additional environments like Power BI Pro, Power BI Premium, Power BI Embedded, Power BI Report Server and Power BI Web in addition to ability for customizing a visual. If you choose our editor to create custom visuals, you would be required to upload sample data or actual data as per your choice. We don't own your data, and you retain all ownership rights you have in the data you upload on our website. Even though we securely store any data upload by you, we recommend using sample, non-confidential data for the purpose of creating these custom visuals on our Editor. Our custom visuals are bound by constraints and limitations that Microsoft imposes on our custom visuals either directly or indirectly. We are forced to operate within the guidelines and restrictions imposed by Microsoft, and for that reason, if Microsoft decides to remove, delete or make obscure a feature or property, our custom visuals will follow suit. By using our custom visual, you understand and accept this limitation in our products and services.
Free Services and Trial period- For any Free Services provided by us, or for Services that are in a trial phase, you understand that the Services are available as-is without any warranty or support. We may at our discretion extend support or assistance during this trial period (or for Free services as applicable), but we are under no obligation to do so. You further acknowledge and accept that, if for any reason, the free service or trial is terminated by either party (you or us), you will immediately stop these Services and Software and remove all copies from your systems (including PCs, servers, and any electronic devices).
Audit Rights- We may audit your usage of the Services in order to verify that the usage is in compliance with the terms of this Agreement, and you agree to cooperate with such audit. You agree to immediately pay any fees applicable to your usage in excess of the number of licenses purchased under the agreement (Excess Use), beginning from the date of initial license or subscription purchase. In the event of Excess Use, you are responsible for any costs and expenses associated with the audit.
pbivizedit.com as a plugin to a Third Party Service- Our services are a plug-in to the Power BI service provided by Microsoft Corporation. The use of our Services requires that you have an active license for Power BI which you must purchase separately (Third Party Service). You understand that our Services are an add-on software developed using the Third Party Service’s Software Development Kit (SDK), and follows the Third Party Service protocols (https://docs.microsoft.com/enus/power-bi/developer/visuals/power-bi-custom-visuals).
Open Source Software Licenses- Our Services use open source software components listed in open source attribution You acknowledge and agree that it is also subject to the license terms of each such component.
Reseller terms- If you are purchasing on behalf of another entity with authorization from the said entity, you must use that entity’s details during the purchase and have the license issued to said entity. This will allow the final buyer to avail support from us. Instead, if you provide your organization details during the purchase the sale will be in your name and we cannot guarantee transfer of licenses for the duration of the purchase. However, you can make any necessary changes during the subsequent annual renewal of the licenses by giving at least 30 days and no more than 60 days written notice to us to make that change.
Use in Microsoft Appsource- Publishing our custom visuals or custom visuals that were generated using our editor, to the Microsoft Appsource (appsource.microsoft.com) is not permitted, unless approved by us in writing.
Use in public websites or materials- You can purchase appropriate license to use our custom visuals (Services) on publicly available media and channels, including but not limited to websites on the internet, your own corporate website that are not restricted to your own employees, Power BI dashboards and .pbix files published to the web or shared with parties external to your organization (governed by our reseller terms above). Sharing our Services on public media without the appropriate paid license is a violation our Terms of Service.
Compatibility, access, updates, and support- When you purchase Paid Services for pbivizedit.com, you’ll receive access to any necessary downloads along with updates and support for those Paid Services for a period of one year, starting on the date of your purchase. Once your year is up, you’ll need to renew your subscription if you’d like continued access to updates or support, or if you need to download any files again. Please see our Support Policy for more information.
9. Copyright Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any of our materials, content or media violates your copyright, please send us a notice.
10. Intellectual Property
The Agreement doesn’t transfer any Yavda or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Yavda and you) solely with Yavda. Yavda, pbivizedit.com, and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Yavda (or Yavda’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Yavda or third-party trademarks.
11. Third-Party Services
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications (like extensions, plugins) provided or manufactured by a third party or yourself (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
Third-Party Services aren’t vetted, endorsed, or controlled by Yavda.
Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we’ll provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we’ve notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to
(i) reclaim your username due to prolonged inactivity,
(ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Yavda policy, or is in any way harmful or objectionable,
(iii) ask you to make adjustments, restrict the resources your account uses, or terminate your access to the Services, if we believe your usage burdens our systems (which is rare and typically only occurs when an account is wilfully using an automated script to overburden our resources), or
(iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Yavda and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Yavda, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
15. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
16. Limitation of Liability
In no event will Yavda, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed $50 or the fees paid by you to Yavda under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater.
Yavda shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Yavda isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our wilful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates’ total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Yavda, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any e-commerce activities conducted through your or another user’s website.
18. US Economic Sanctions
You agree that our ability to provide our Services to you is subject to compliance with US sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you
(i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People’s Republic, Luhansk People’s Republic, and Syria);
(ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC’s Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and
(iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Automattic to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Yavda and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Yavda may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.