Panga Media Analytics is the property of Jarno Verdonk, located on the website of Panga Media, correspondingly property of Jarno Verdonk, from here on referred to as, “we”, “our”. The Panga Media Analytics application has been developed to track and analyze microstock sales over various websites. The application will be referred to as “Software”, “Service” or “Application”. A microstock body or any other body allowing sales of media assets will be referred to as “Agency”. “User” refers to the application/individual/organization using our software.
Our service processes, analyses and visualizes agency sales-data made available by the user. This service runs on a recurring payment model referred to as “Subscription”. The user is granted a non-exclusive license to access and use the Service in accordance with the Terms and Conditions.
The user agrees that the service will utilize cookies after a successful login to an Agency to have access to the agency dashboard and collect sales data on his behalf. Subsequent, the service will analyze and visualize this data. The software will download and install updates automatically if available. In case of a bug of if features are unavailable, the user will wait for another update. No refunds will be made in such cases.
A subscription grants the user a non-exclusive right of use. This right is not transferable and ends when the term of the contract ends. Subscriptions give one user access to use the software on one device at the time. Depending on the license part of the features of the software might be unavailable for the user. Too, the software can be installed on up to three devices with enhanced licenses. We offer a free, one month trial during which all features of our software are available. Any user is allowed only once to use the one month free trial.
Any subscription is recurring by default and the amount due will be charged on the first day after the subscription expires. In case the user wants to terminate or change payments plans the user can do so through the website www.pangamedia.com. After cancelation the subscription will be valid till the end of the period. The sales data collected will not be deleted automatically after expiration of the subscription. The user agrees that Agency sites are subject to downtime and changes that influences our software and that in those situations the user is not eligible for a subscription refund.
The user may upgrade his subscription at any time, thereby the user may choose whether to start the new payment plan immediately or when the current term of contracts ends. Prematurely upgrading does not allow for a refund for payments already made.
The software is available 25 hours a day/ 7 days a week except for the following restraints: planned maintenance, which might be carried out at irregular intervals or unavailability caused by circumstances beyond our control including without limitation; agencies modifying their website and/or API, agency downtime, natural disasters, internet service provider failures. In rare cases an agency might become inaccessible permanently after changing their website.
Sales data will only be accessed from agencies at the user’s initiative; responsibility for accessing data and using it on to our software lies with the user. The user shall indemnify us and/or our software for any claims as result for accessing sales data on his/her behalf.
Customers rights and duties
The user may use the software to the extend agreed in the contract. To do so, the agreed charge must be paid. The user should login at the agency dashboard when asked for, if not the software cannot function properly. The user should inform us of defects and faults occurring in the service. The user must treat the given license-key confidentially and keep it safe. It may not be disclosed to unauthorized third parties.
Pricing and payments
The software requires a payment or “subscription fee” for continued use. Those fees are posted and updated on our website. The user acknowledges that the software run on a subscription model and that the subscription fee is charged automatically without explicit informing the user each time. If the user wishes to cancel the subscription fee, he/she can do so by contacting us or through our website.
The agreed subscription fee must be paid one month in advance. The amount due depends on the chosen payment plan and is noon-refundable. The user agrees not to reverse payments without prior agreement. In case the user suspects that a subscription fee has been wrongly deducted it should contact us first. We will charge the user for costs incurred by reversed payments. We reserve the right to block licenses temporarily if the user defaults on payments or any other irregularities occur during the payment process.
All fees are in U.S. Dollars unless stated differently. Fees will be charged through a third party “FastSpring”. The user agrees to pay all charges that are applicable as presented on our website and/or in our software. We reserve the right, at any time and at our discretion to change any fees and other pricing terms.
Terms of contract and termination
Contracts paid do not have a minimum term, the contract can be terminated at any time. The user will not be refunded for time for which the user already has paid if the contract is terminated prematurely. The contract is automatically extended for the duration of the previous contract after expiration unless the user terminates the contract before midnight on the last day of the current contract. The user will be notified of the cancellation by email.
The user may not and agrees not to copy, decompile, reverse engineer, disassemble, decrypt, modify or create derivative works of this software or the locally stored data. Also, the user may not and agrees not to extend the trail period. We reserve the right to terminate and license of a user responsible for violations of the terms.
These Terms of Service are in accordance with the laws of the European Union and the Netherlands. The place of jurisdiction for any claim and/or dispute resides in the courts of the country the Netherlands. The user agrees to submit to the jurisdiction of these courts for the purposes of litigating any claim or action.