Terms of Services

This Terms of Service Agreement (“Agreement”) outlines the terms governing the Customer's use of the services provided by Elly Analytics (“Elly Analytics,” “us,” “we”). The Customer acknowledges and agrees to abide by the terms laid out herein by accessing and using our services.

Acceptance of Terms

By accessing and using the Services, the Customer agrees to be bound by these Terms of Service. If the Customer does not agree to these terms, they may not access or use the Services.

Services

Elly Analytics provides end-to-end marketing analytics using its software and related services as outlined in the contract between Elly Analytics and the Customer.

Use of Services

The Customer agrees to use the Services solely for their business purposes and in compliance with all applicable laws and regulations. The Customer shall not resell, rent, sublicense, or modify the Services without prior agreement with Elly Analytics.

Suspension or Termination

Elly Analytics reserves the right to suspend or terminate the Customer's access to the Services for failure to comply with these terms.

Service Provisioning

Elly Analytics offers management reports and analytics tools by providing a set of reports with auto-refresh in PowerBI. Elly Analytics is responsible for the data in the database and the reports created by the Elly Team.

Reports Updates

Updates to reports and data occur daily by a specific time agreed with the Customer, except on Saturdays and Sundays. Data from all systems for the previous day is uploaded, attribution for the previous day is calculated, and reports are updated accordingly. Elly Analytics verifies project control dashboards and ensures no report update error notifications.

Note: Data in the reports may be corrected for the last three days (or longer in some cases) due to the operational characteristics of Google Analytics, Google Ads, and other data sources.

Subscription and payment terms

The Customer's subscription fee encompasses a range of services, including Maintenance and Development tasks with specified limits on the time per month spent on each its development.

The scope of services provided might be changed upon the Customer’s request, which also presupposes the changes in the monthly payment and supports applicable monthly limits.

Maintenance Tasks

• — Daily Report Updates: We ensure data is uploaded, verify the absence of errors in data connectors, calculate attribution, and ensure the data's reliability. We promptly correct any errors encountered during the report update process.
• — Data Discrepancy Correction: We rectify discrepancies between the database and reports with the original systems. We reload historical data and perform data reconciliation to maintain accuracy if needed.
• — Data Import Support via API: We assist in importing data via API, especially in response to changes from web analytics, advertising offices, and call tracking. We manage connecting and disconnecting data connectors and accounts as needed.
• — Database Access Management: We handle adding, removing, or modifying database accesses according to the Customer's requirements.
• — Error Monitoring: We actively monitor for errors and maintain quick response times to address any issues that may arise.
• — Project Team Meetings: We conduct regular project team meetings every two weeks to ensure effective communication and progress tracking.
• — Support and Development Reports: We provide bi-weekly plan-actual reports on support and development tasks, informing the Customer of our activities and progress.
• — Client Briefings: We schedule client briefings every two weeks to discuss ongoing projects, address concerns, and plan future activities.
• — Technical Improvements: We continuously enhance the technical aspects of our services, including automating routine processes, addressing technical debts, and optimizing data connectors and attribution algorithms.

Development Tasks

• — Reconciliation with data sources (advertising offices, web analytics, CRM data reconciliation) if required or requested.
• — Adding changes to reports: change or add visualizations, filters, or reports, change rules for calculating measures, and add new data presentation.
• — Parsing unlinked without changing the attribution algorithm (linking new sources, traffic, etc.).
• — Conducting additional client meetings and reading reports together.
• —Reloading historical data (at the client's request).
• —Manually entering expense data (or non-API data).
• —Accepting tasks and questions during business hours.
• —Change attribution algorithm.
• —Add new projects specific to developer projects.
• —Develop a new importer/exporter.
• — Change the importers' work algorithms in case of changes in the external systems.

Payment Terms

The Customer shall remit payments for the provided Services in US dollars per the invoices submitted by the Contractor.

Unless otherwise specified in the Contract, the Customer must make monthly post-payments for the Services.

Payment must be settled within five banking days of receipt of the invoice.

Response time

Our response time for bug reports and inquiries is from 6 am to 3 pm ET on weekdays, excluding weekends. Communication is limited to client contact persons via designated channels: project channels or email at PROJECT-elly-team@ellyanalytics.com.

Please note that contacting personal accounts may result in delays. We aim to respond within one business day for task acceptance, answering questions, or providing resolution timelines.

Development account requests are addressed within one business day, with task evaluation taking up to 5 business days based on complexity and team workload.

Service Level Agreement (SLA)

Reporting according to SLA is formed once a month, at the end of the reporting month. The report is sent to the client electronically.

Quality Parameters and Metrics: SLA credits are not applicable for the first 16 business hours when the report is unavailable, has not been updated in accordance with "Report Update," or contains incorrect data due to Elly's fault and the Customer cannot use the report and make decisions based on it.

Elly Analytics's Responsibilities and Limitations:

Elly Analytics is not accountable for certain factors outside direct control, such as:

• — External systems and their APIs, such as advertising systems, CRMs, and analytics systems. For instance, if the Google Analytics API experiences downtime, resulting in the lack of updates to the previous day's reports, Elly Analytics will reload data once the API is operational again.
• — Data accuracy in reports affected by external system data issues, including test data, bot attacks, errors, or unanticipated CRM changes. Elly Analytics identifies errors in external system data and requests corrections while implementing controls for quicker error detection in the future.
• — Unlinked data without documentation, which Elly Analytics addresses by creating markup builders and highlighting unlinked sources in reports for visibility.
• — Management of client contractors' tasks, including tasking, negotiation, monitoring, and acceptance of final results.
• — Data leakage from reports by clients or third-party services, which Elly Analytics mitigates by restricting access, limiting database access, and utilizing password managers.
• — Power BI's service reliability, where Elly Analytics awaits its restoration during downtime.
• — Responsibility for Power BI reports created by entities other than Elly Analytics until the client formally transfers the report's ownership to Elly Analytics.

Elly Analytics may assist in problem resolution as part of development tasks if necessary.

Amendment of Terms

Elly Analytics reserves the right, at any time, to update and change any or all of these Terms of Service at our sole discretion. If so, we will post the modified Terms of Service on the Site and update the "Last Modified" date above. Continued use of the Services following the effective date of changes to these Terms of Service shall constitute the Customer's consent. The Customer is responsible for regularly reviewing the most current version of the Terms of Service, currently available at https://ellyanalytics.com/.

Legal Effect

Correspondence in mail and chat has legal force - a confirmation of enabling/disabling an account, module, or paid development task in correspondence is sufficient.

Intellectual Property

Elly Analytics retains exclusive rights to database design, data models, report design, and any code created while providing services.

Data Ownership

Customers retain data ownership of all their data and project documentation. Elly Analytics does not use data for any purposes outside of the contract purpose.

Confidentiality

Both parties agree to keep confidential information confidential and to take necessary measures to protect such information.

The Customer is responsible for obtaining all permissions to transfer personal data to Elly Analytics if personal data are being transferred. Elly Analytics commits to following rules and regulations in processing such personal data.

Parties follow the NDA of Elly Analytics, published at ellyanalytics.com.

Warranty Disclaimer

Elly Analytics disclaims all warranties, express or implied, regarding the Services.

Indemnification

The Customer agrees to indemnify and hold Elly Analytics harmless from any claims arising from their use.