Terms of Use

Date: 23rd September 2017
Version number: 1.0

Please read these terms of service and Our Privacy Policy (together, the “Agreement”) carefully as they form a legal agreement between You and Inetis Limited, a private limited liablity company registered under the Laws of Slovenia with company number 1331680, having its registered address situated at Kidriceva ulica 25, SI-3000 Celje, Slovenia (“Witness.ly”, “We”, “Our”, or “Us”), that governs Your limited, non-exclusive and terminable right to the use of the witness.ly Site and Services as defined herein.

In the event of a conflict between these terms of service and Our Privacy Policy, these terms of service shall prevail.

By creating an account on this site, by including witness.ly/recorder.js script on your website, or otherwise making use of the Services, You agree to be bound by the terms of this Agreement.

If you are accessing or using the Service on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “customer” reference your company.

If You do not agree to this Agreement, You must not sign up for an account and shall not make use of any of the Services or the Site. By agreeing to this Agreement, you acknowledge that You have read this Agreement, understood it, and agree to be bound by its terms and conditions.

You acknowledge and agree that we may modify the terms and conditions of this Agreement at any time in accordance with Section “Modifications to Agreement”.

  1. Witness service

    1. Overview

      The Service acts as a recorder of users' activity in Custormer's web pages (“Sources”), allowing Customer to collect Customer Data from its selected Sources. As further described below and in the Documentation, Customer maintains control over which Sources it uses with the Service, as well as the types and content it collects from Sources.

    2. Witness Code

      For Sources owned or controlled by Customer (“Customer Properties“), Customer will enable the collection of Customer Data by implementing Witness’s JavaScript code (“Witness Code“) on the Customer Properties.

    3. Definitions

      “Customer Data“ means any data that Customer submits to the Service.

      “Documentation“ means the end user technical documentation provided with the Service, as may be modified from time to time.

      “Laws“ means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.

      “Sensitive Personal Information“ means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS“); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA“); (iii) any information deemed to be “sensitive personal data” of an EU citizen (as such term is defined in EU Data Protection Directive 95/46/EC), (iv) General Data Protection Directive (Regulation (EU) 2016/679, after it takes effect and replaces EU Data Protection Directive 95/46/EC), or (v) any other personal or sensitive information subject to regulation or protection under the Gramm-Leach-Bliley Act, Children’s Online Privacy Protection Act or other Laws.

      “Service“ means the specific Witness.ly proprietary hosted service solution(s) specified on an Order Form, including the Witness dashboard and any related Witness Code and API(s).

    4. Access to the Service

      Customer may access and use the Service for its internal business operations, subject to this Agreement, the Documentation, and any scope of use restrictions on the applicable Order Form. This includes the right to implement Witness.ly Code on Customer Properties in order to collect Customer Data for use with the Service. Access to the Service is limited to Customer’s employees and contractors acting for the sole benefit of Customer (“Permitted Users“). Customer and its Permitted Users may need to register for a Witness account in order to access or use the Service. Account registration information must be accurate, current and complete, and will be governed by Witness’ Privacy Policy (currently available at Privacy Information page). Customer is responsible for any use of the Service by its Permitted Users and their compliance with this Agreement. Customer shall keep confidential its user IDs and passwords for the Service and remain responsible for any actions taken through its accounts.

    5. Use Restrictions

      Customer shall not (and shall not permit any third party to): (a) rent, lease, resell, provide access to or sublicense the Service to a third party; (b) use the Service to provide, or incorporate the Service into, any product or service provided to a third party; (c) use or attempt to use the Service for competitive analysis or benchmarking; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only upon advance notice to Witness.ly); (e) copy, modify or create any derivative work of the Service or any Documentation; (f) remove or obscure any proprietary or other notices contained in the Service (including any reports or data printed from the Service); or (g) publicly disseminate information regarding the performance of the Service. You represent and warrant that You shall not use the Services for illegal purposes or for the transmission of information that may be classified as unlawful, libellous, abusive, obscene or that infringes any rights, including Intellectual Property Rights of others.

      You represent and warrant that You shall not use the Services for illegal purposes or for the transmission of information that may be classified as unlawful, libellous, abusive, obscene or that infringes any rights, including Intellectual Property Rights of others.

    6. Storage and Processing of Customer Data

      Witness.ly may store certain Customer Data submitted from Sources to enable various features and functionality of the Service, including for “session replay” and data visualization purposes. Customer acknowledges that Customer Data transmitted through the Service may be stored and processed by Witness in European Union countries or in other countries in which Witness.ly or its subcontractors maintain facilities.

  2. Service Plans and Beta Features

    1. Extent of Services

      The extent of the Service(s) to which You may have access to may be dependent on the relevant Subscription Plan, Subscription Term and respective and timely payment of Service fees to witness.ly.

    2. Subscription

      We offer several different Subscription Plans for Our Services. Your Subscription Plan is selected during Your Account registration and You can choose to change Your plan at any time. Information about Our standard plans can be found on Our Pricing section. All fees quoted on Our site VAT-inclusive. For additional information on Our Subscription Plans, please Contact us at You may upgrade or downgrade Your Subscription at any time during Your Subscription Term, upon which We will apply the respective fees on a pro-rata basis.

      Following Your current Subscription Term, We reserve the right to amend the Subscription Plans and/or Subscription Term at any time or introduce new fees and/or subscription levels or charges. We will provide You with thirty (30) calendar days' written notice in advance during which You will have the right to unsubscribe from, or change Your current Subscription Plan, should You not agree with these amendments.

    3. Subscription Term and Renewal

      The duration of the trial period is one (1) month. At the end of the trial period, You will be prompted to enter Your payment details if You have not already done so. If You've already updated Your payment details, Your credit card or PayPal account will be automatically charged on the displayed billing date on the billing section associated to Your Account on Our Site.

      Unless Witness.ly is notified in writing at least three business (3) days before the end of the conclusion of Your current Subscription Term (or any subsequent Renewal Term) that You do not intend to renew Your subscription, You will be enrolled into an automatic renewing cycle for the same term at the conclusion of the Subscription Term (the "Renewal Term"). This applies to all Subscription Plans involving payment. Any written notice of Your intention not to renew shall be provided to the following email address: The email must come from the registered Witness.ly account owner.

    4. Beta Releases

      From time to time, Witness.ly may grant Customer access to “alpha”, “beta”, or other early-stage products (“Beta Releases“). While Witness.ly may provide assistance with Beta Releases in its discretion, notwithstanding anything to the contrary in this Agreement, CUSTOMER AGREES THAT ANY BETA RELEASE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT BETA RELEASES MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, OMISSIONS, AND OTHER PROBLEMS FOR WHICH WITNESS.LY WILL NOT BE RESPONSIBLE. ACCORDINGLY, ANY USE OF A BETA RELEASE IS AT CUSTOMER’S SOLE RISK.

      Witness.ly makes no promises that future versions of a Beta Release will be released. Witness.ly may terminate Customer’s right to use any Beta Release at any time for any reason or no reason in Witness.ly’s sole discretion, without liability.

  3. Customer obligations

    1. Rights in Customer Data

      Customer is solely responsible for the accuracy, content and legality of all Customer Data and agrees to comply with all applicable Laws in its use of the Service. Customer represents and warrants to Wittnes.ly that Customer has all necessary rights, consents and permissions to collect, share and use Customer Data as contemplated in this Agreement (including granting Witness.ly the rights in Section Security), without violation or infringement of (i) any third party intellectual property, publicity, privacy or other rights, (ii) any Laws, or (iii) any terms of service, privacy policies or other agreement governing the Customer Properties or Customer’s accounts with third-party Sources. By enabling use of the Service with any Source, Customer authorizes Witness.ly to access Customer’s accounts with such Source or Destination for the purposes described in this Agreement. Witness.ly may also disclose that Customer is a customer of Witness.ly and related technical Service data to Witness.ly's providers of Services.

    2. Access to User Data

      We reserve the right for Us, Our contractors or Our employees, after obtaining Your prior consent, to access Your Account and the information that You have provided for support, maintenance and servicing purposes or for any security-related, technical or billing reasons.

    3. Client Data Responsibility

      It is Your responsibility to protect Your personal data and maintain the confidentiality of Your user information and passwords. You are also responsible for promptly notifying Witness.ly of any unauthorized use of Your account, or breach of Your account information or password. To the extent that such loss has not been caused due to gross negligence, willful misconduct, fraud or bad faith by Witness.ly, Witness.ly will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by the Applicable Law, You shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for Your intentional or negligent failure to safeguard user and password information and/or promptly notifying Witness.ly about any unauthorized use of Your account or breach of Your account information or password.

    4. No Sensitive Personal Information

      Customer specifically agrees not to use the Service to collect, store, process or transmit any Sensitive Personal Information. Customer acknowledges that Witness.ly is not a Business Associate or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Service is neither HIPAA nor PCI DSS compliant. Witness.ly shall have no liability under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein.

    5. Indemnification by Customer

      Customer shall indemnify, defend and hold harmless Witness.ly from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim arising from or relating to any Customer Data or breach or alleged breach by Customer of Sections “Rights in Customer Data” or “No Sensitive Personal Information”. This indemnification obligation is subject to Customer receiving (i) prompt written notice of such claim (but in any event notice in sufficient time for Customer to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense, or settlement of such claim; and (iii) all necessary cooperation of Witness.ly at Customer’s expense.

  4. Security

    1. Provisions

      Witness.ly agrees to use commercially reasonable technical and organizational measures designed to prevent unauthorized access, use, alteration or disclosure of the Service or Customer Data. However, Witness.ly shall have no responsibility for errors in transmission, unauthorized third-party access or other causes beyond Witness.ly’s control.

    2. Enforcing Security

      Actual or attempted unauthorized use of any of the Site and/or Services may result in the institution by Us of criminal and/or civil prosecution. For Your protection, we reserve the right to view, monitor, and record activity on the Site and/or Services without notice or further permission from You, to the fullest extent permitted by the Applicable Law, and only in accordance with this Agreement. This right extends to Our review of tracking activity and details pertaining to claimed violations by You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site and/or Services.

  5. Ownership

    1. Customer Data

      As between the parties, Customer shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Witness.ly. Subject to the terms of this Agreement, Customer hereby grants to Witness.ly a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide the Service to Customer.

    2. Witness.ly Technology

      This is a subscription agreement for access to and use of the Service. Customer agrees that Witness.ly or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all Documentation, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (as defined below). Except as expressly set forth in this Agreement, no rights in the Service or any Witness.ly technology are granted to Customer.

    3. Feedback

      Customer, from time to time, may submit comments, questions, suggestions or other feedback relating to any Witness.ly product or service to Witness.ly (“Feedback“). Witness.ly may freely use or exploit Feedback in connection with any of its products or services.

    4. Aggregated Anonymous Data

      Notwithstanding anything to the contrary herein, Customer agrees that Witness.ly may obtain and aggregate technical and other data about Customer’s use of the Service that is non-personally identifiable with respect to Customer (“Aggregated Anonymous Data“), and Witness.ly may use the Aggregated Anonymous Data to analyze, improve, support and operate the Service and for distribution in general benchmarking data and industry reports. For clarity, this Section does not give Witness.ly the right to identify Customer as the source of any Aggregated Anonymous Data.

  6. Term and Termination; Suspension

    1. Term

      This Agreement is effective as of the Effective Date and will continue until terminated.

    2. Termination for Cause

      Either party may terminate this Agreement (including all related Order Forms) if the other party (a) fails to cure any material breach of this Agreement (including a failure to pay fees or comply with applicable scope of use restrictions) within thirty (30) days after written notice; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition, or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter). For clarity, nothing in this Section limits Witness.ly’s right to terminate or suspend any Trial Plan.

    3. Effect of Termination

      Upon any expiration or termination of this Agreement, Customer shall immediately cease any and all use of and access to the Service (including any and all related Witness.ly technology), remove any Witness.ly Code installed on Customer Properties, and delete (or, at Witness.ly’s request, return) any and all copies of the Documentation, any Witness.ly passwords or access codes and any other Witness.ly Confidential Information in its possession. Customer acknowledges that following termination it shall have no further access to any Customer Data in the Service, and that Witness.ly may delete any such data as may have been stored by Witness.ly at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under this Agreement, by law or otherwise.

    4. Suspension of Service

      In addition to Witness.ly’s termination and other rights under this Agreement, Witness.ly reserves the right to suspend Customer’s access to the Service (and any related services), in whole or in part, without liability to Customer and with immediate effect: (i) if Customer’s account is thirty (30) days or more overdue; (ii) if Customer exceeds any scope of use restrictions set forth in the applicable Order Form; (iii) if Customer has breached its express obligations under Sections “Use Restrictions” or “Customer Obligations”; or (iv) to prevent harm to the Service or other Witness.ly customers.

    5. Survival

      The following Sections shall survive any expiration or termination of this Agreement: “Use Restrictions”, the disclaimers in Section “Beta Releases”, “Indemnification by Customer”, “Ownership”, “Term and Termination”, “Warranty Disclaimer”, “Limitation of Remedies and Damages”, ”Confidential Information”, “Modifications to Agreement”, and “General Terms”.

  7. Warranty Disclimer

    THE SERVICE AND ALL RELATED SERVICES ARE PROVIDED “AS IS”. NEITHER WITNESS.LY NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITNESS.LY DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES WITNESS.LY WARRANT THAT IT WILL REVIEW THE CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CUSTOMER DATA WITHOUT LOSS. CUSTOMER UNDERSTANDS THAT CUSTOMER DATA IS SHARED WITH DESTINATIONS AT CUSTOMER’S ELECTION AND WITNESS.LY TAKES NO RESPONSIBILITY FOR ANY DESTINATION’S USE OR PROTECTION OF CUSTOMER DATA ONCE IT HAS BEEN SHARED. WITNESS.LY SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF WITNESS.LY. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

  8. Limitation id Remedies and Damages

    1. Consequential Damages Waiver

      EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) SHALL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

    2. Liability Cap

      WITNESS.LY’S (AND ITS SUPPLIERS’) ENTIRE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO WITNESS.LY DURING THE PRIOR TWELVE (12) MONTHS UNDER THIS AGREEMENT.

    3. Excluded Claims

      “Excluded Claims“ means (a) any claim arising from Customer’s breach of Section “Use Restrictions“; or (b) any claim arising under Section “Customer Obligations“.

    4. Nature of Claims and Failure of Essential Purpose

      The parties agree that the waivers and limitations specified in this Section apply regardless of the form of action, whether in contact, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

  9. Confidential Information

    Each party (as “Receiving Party“) agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party (“Disclosing Party“) constitute the confidential property of the Disclosing Party (“Confidential Information“), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any Witness.ly technology, performance information relating to the Service, and the terms and conditions of this Agreement shall be deemed Confidential Information of Witness.ly without any marking or further designation. Except as expressly authorized herein, the Receiving Party shall (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for Witness.ly, the subcontractors referenced in Section “Subcontractors“), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section. The Receiving Party’s confidentiality obligations shall not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may make disclosures to the extent required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party shall be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

  10. Co-marketing

    Unless You specifically withdraw Your consent to this clause by sending an email at You agree to participate in reasonable marketing activities that promote the benefits of the Service to other potential customers and to use of Customer’s name and logo on Witness.ly’s web site and in Witness.ly promotional materials.Customer agrees that Witness.ly may disclose Customer as a customer of Witness.ly.

  11. Modifications to Agreement

    Witness.ly may modify the terms and conditions of this Agreement (including Service pricing and plans) from time to time, with notice given to Customer by email or through the Service. If Customer has a Trial Plan, then any modifications will become effective immediately, and if Customer disagrees with the modifications, Customer’s exclusive remedy is to terminate this Agreement and cease using the Service. If Customer has a Paid Plan, Customer must notify Witness.ly within thirty (30) days of notice of the modifications that Customer does not agree to such changes, and Witness.ly (at its option and as Customer’s exclusive remedy) may either: (a) permit Customer to continue under the prior version of this Agreement until expiration of the then-current Subscription Term (after which time the modified Agreement will apply) or (b) allow Customer to terminate this Agreement and receive a pro-rated refund of any fees Customer has pre-paid for use of the Service for the terminated portion of the applicable Subscription Term. Upon any changes to this Agreement, Customer may be required to click to agree to the modified Agreement in order to continue using the Service, and in any event continued use of the Service after the modifications take effect constitutes Customer’s acceptance of the modifications.

  12. General Terms

    1. Assignment

      This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that Witness.ly may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of Witness.ly’s assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section will be null and void.

    2. Severability

      If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that this Agreement shall otherwise remain in effect.

    3. Governing Law; Jurisdiction and Venue

      This Agreement shall be governed by the laws of Slovenia and the EU without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the state courts located in Ljubljana, Slovenia and both parties hereby submit to the personal jurisdiction of such courts.

    4. Attorneys’ Fees and Costs

      The prevailing party in any action to enforce this Agreement will be entitled to recover its attorneys’ fees and costs in connection with such action.

    5. Notice

      Any notice or communication to Witness.ly that is required or permitted under this Agreement shall be in writing to Witness.ly at the address set forth in Section “Contact Information” below or at such other address as directed by Witness.ly, and shall be deemed to have been received by Witness.ly (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail. Witness.ly may send notices to Customer through Customer’s email on file or through the Service. All notices given to Customer shall be deemed to have been received by Customer upon delivery.

    6. Witness.ly Contact Information

      Any Customer questions, complaints or claims regarding the Service should be sent to email ( ) or to the following address:

      Inetis Ltd.
      Kidriceva ulica 25
      SI-3000 Celje
      Slovenia

    7. Waivers

      No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by Customer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.

    8. Entire Agreement

      This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Customer acknowledges that the Service is an on-line, subscription-based product, and that in order to provide improved customer experience Witness.ly may make changes to the Service, and Witness.ly will update the applicable Documentation accordingly.

    9. Force Majeure

      Neither party shall be liable to the other for any delay or failure to perform any obligation under this Agreement (except for a failure to pay fees) if the delay or failure is due to unforeseen events that occur after the signing of this Agreement and that are beyond the reasonable control of such party, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

    10. Subcontractors

      Witness.ly may use the services of subcontractors and permit them to exercise the rights granted to Witness.ly in order to provide the Service under this Agreement. These subcontractors may include, for example, Witnessl.ly’s hosting, infrastructure and CDN providers. Witness.ly remains responsible for compliance of any such subcontractor with the terms of this Agreement and the overall performance of the Service as required under this Agreement.

    11. Subpoenas

      Nothing in this Agreement prevents Witness.ly from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but Witness.ly shall use commercially reasonable efforts to notify Customer where permitted to do so.

    12. Independent Contractors

      The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

    13. Government End-Users

      Elements of the Service are commercial computer software. If the user or licensee of the Service is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this Agreement in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. The Service was developed fully at private expense. All other use is prohibited.

Contact info

Inetis Ltd.
Kidriceva ulica 25
SI-3000 Celje
Slovenia
+386 3 426 00 00