Terms of Service

Last Updated: February 16, 2022

The following terms of service (these "Terms of Service"), govern your access to and use of the FivData website, including any content, functionality and services offered on or through https://fivdata.com (the "Site") by FivData. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://fivdata.com website (the "Service") operated by Fivlytics ("us", "we", or "our") or other related services (the “Services”) operated by FivData. By using the services of the website or services provided by FivData, it shall be deemed that you have acknowledged and have given your consent to be bound by this Agreement and also with the Privacy Policy and the same is incorporated and made part of this Agreement. In addition, while using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE OR UNINSTALL THE APPLICATIONS AND CEASE USING THE SERVICES OF THIS WEBSITE.

FivData site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site and shall not be responsible or liable for any error or omissions in that information.

The following are the Terms and Conditions of the website and are subject to acceptance and adherence by you thereof.

FivData Ground Rules

FivData was made with a good idea of helping Fiverr sellers to empower with data analytics and market intelligence.

FivData never supports or encourage any activity which violates Fiverr Terms of Service or make a difference between sellers who use FivData and sellers who are not using FivData.

We are not backed or supported by Fiverr. FivData maintain it’s own data storage and algorithms for data analyzing.

We do not allow multiple accounts for a single user. If you want to create a new account, you need to close the existing account and reopen a new one.

Users

Registration Process

Any person can register with our website for free of charge.

At any time, the user can modify or change or update the information uploaded on FivData without any prior consent of the website.

Usage of Service

We do not allow users to spam our website. Spamming will lead to the complete termination of your account from our website. FivData has the right to store your search queries, keywords and usernames (Please refer to privacy policy).

Using multiple accounts to increase the limited search quota for tools is not allowed. You can purchase custom plans to increase the usage quota.

Usage of bots, cross-site scripts or any hacking tool is not allowed on FivData. Any action which makes FivData not function properly, overload or damage user experience are not allowed.

Some tools have a limited usage count per week. Weekly limited usage counts are reset every Monday at 0000 hours (+0530 Time Zone). The usage counts are determined automatically and are irreversible. Each try is taken as valid usage, and predetermined failure scenarios will not account for your tool usage. Refunds are not issued due to automatic data collection failures. In case FivData decides to refund, the failures are determined by system logs and should confirm by the technical in charge of FivData. Users cannot request internal system logs or data if they cannot see any results on a specific date via the tools. FivData is not liable for any reduced accuracy due to changing keywords or usernames during the tracking period.

The allocated usage counts for the tools cannot be taken to next month. The subscription will be expired by 30 days of the initially purchased date, and all the usage counts will reset to initial values. The data collected during the subscription period is available if you downgrade your subscription.

Payments & Refunds

FivData charges a subscription fee (“Fees”) for the use of FivData Tools. By registering for a paid subscription, you agree to pay FivData the Fees applicable to the account level chosen. Unless otherwise stated, all Fees are in U.S. Dollars. FivData expressly reserves the right to change the Fees at any time, upon 30-days written notice to you at your registered email address. The Fees do not include any payment for telecommunications and computer hardware, software, telecommunications access charges, lines or connections or other equipment and services required to access and use FivData, which shall be your sole responsibility. All Fees will be billed to your credit card at the current international currency conversion rate. You are responsible for and shall pay FivData all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon (collectively, “Taxes”) for the use of FivData, whether imposed now or hereinafter by any governmental entity. For any upgrade or downgrade in plan level that you elect, your credit card will automatically be charged the new rate on your next billing cycle.

All Fees are paid in advance and are refundable for 30 days of the initial purchase unless otherwise stated by a contract between FivData and the customer. After the 30-day period, there will be no refunds or credits for partial months of service, upgrades/downgrades, or for months when you did not use FivData. We reserve the right to deactivate your subscription of FivData if you fail to pay applicable fees. You must provide current, complete, and accurate billing information. You must promptly update all billing information to keep your account current, complete, and accurate (such as by furnishing a new billing address, credit card number or expiration date), and you must promptly notify FivData if your credit card is cancelled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). You authorize us to obtain updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay FivData in the event of any refusal of your credit card issuer to pay any amount to FivData for any reason. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, FivData may immediately suspend or terminate this Agreement and your access to FivData paid subscription plan.

Your subscription will renew automatically unless we terminate it or you terminate your subscription via the billing section in the customer dashboard. You must cancel your subscription before it renews to avoid billing subscription fees for the renewal term to your credit card.

We use Paddle as our payment handling service. We do not store your credit/debit card information on our platform. All the payments are processed in Paddle platform. We will store transaction reference number and transaction details (not includes credit/debit card info as mentioned previously) to track your payments and provide related service.

We may issue refunds if system error system shutdown happened. We reserve the right, at our sole discretion to decide the refund approval and refund amount.

FivData

Rights Reserved

The users accept that FivData at its sole discretion can modify, update, change, suspend, withdraw, and add any service or content in its entirety or part of the same. FivData shall give 02 months prior notice to it’s registered users if FivData terminates it’s services, the users will be compensated accordingly if any ongoing contracts are in progress. In case of immediate shutdown, your data can be downloaded until 1 month period. Ongoing subscriptions will be refunded back based on the left usage from shutdown date to subscription end date.

Limitation of Liability

IN NO EVENT WILL FIVDATA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

FivData shall not be held liable for the reliability and accuracy of the data and information given by the tools or the data services.

FivData shall not be liable for any loss of data due to force majeure or any circumstances out of our control.

FivData shall not be liable for complaints, claims or actions initiated by third parties due to users misconduct, omission or action related to FivData when uploading and transmitting data through FivData.

Intellectual Property

The Site and its original content, features and functionality are owned by FivData and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Applicable Law

These Terms and Conditions are subject to the laws applicable in Democratic Socialist Republic of Sri Lanka and are governed accordingly.

All Rights Reserved

Unless otherwise indicated, all the contents on FivData are copyrighted by FivData.

No part of this website shall be used for any other purpose than mentioned. Therefore, reproduction, modification, storage in a retrieval system or retransmission, in any form or by any means, electronic, mechanical or otherwise, for any reason, is strictly prohibited without prior written permission.

Third Party Services

Third party means one which is not associated or connected with FivData. Any redirect to other website through the discussion platform or any advertisement on the website and henceforth FivData shall not be held liable for any such decryption. Please read Privacy Policy for the applicable data protection and terms.

Changes to this Terms of Service

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms of Service on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Terms of Service.

You are advised to review this Terms of Service periodically for any changes. Changes to this Terms of Service are effective when they are posted on this page.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.