Date of Last Revision: June 22, 2015

By using the PanXpan’s web based application (“Application”) you are agreeing to be bound by the following terms and conditions. PanXpan reserves the right to update and change these Terms of Use from time to time without notice. Any new features that are added to our Application shall be subject to these Terms of Use. Continued use of our Application after any such updates shall constitute your consent to such changes. You can review the most current version of these Terms of Use at any time at: https://www.panxpan.com/terms.

Description of our Application
1. Subject to the terms in this Agreement, PanXpan grants to you, during the term of this Agreement, the nontransferable, nonsublicensable, nonexclusive, revocable right to use our Application on Panxpan.com
2. Our Application is used by businesses and personal users to analyze their internal data and make better decisions.
3. Our Application is module based where each analytics module focuses on a specific type of analysis. Modules are generally sold on a subscription basis for one year terms. Some modules may be offered for free for a short promotion period.

Creating a PanXpan Account
1. You may not use our Application and you may not accept this Agreement if you are not of a legal age to form a binding contract with PanXpan. An exception may be made if parental guardian approval has been received and is legally sufficient to entitle you to be bound by this Agreement.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide a valid email address and any other information requested in order to complete the signup process. You must be actively managing the email address used. By providing us with your email address, you agree to receive all required notices electronically to that email address. It is your responsibility to update or change that address, as appropriate.
4. You are responsible for maintaining the security of your account and password. PanXpan cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all data posted, files shared and any other activity that occurs under your account.
6. You may not use our Application for any illegal or unauthorized purpose. You must not, in the use of our Application, violate any laws applicable in your jurisdiction.

Modifications to our Application and Prices
1. PanXpan reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Application (or any part thereof) with or without notice.
2. Prices of all modules within the Application and access to the Application itself, are subject to change at any time. Any months already paid for will not be responsible for any price increases.
3. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of our Application (or any part thereof).

Payments and Refunds
1. A valid credit card is required for purchasing analytics modules that are not free. We do not store credit card numbers, expiration dates or CVV codes on our servers. Third party payment providers are used to process all credit card payments.
2. If you purchase a one year subscription for a module, you may cancel within the first month for a full refund of the purchase price. Simply email us at [email protected] to cancel the module.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation and Termination
1. You are solely responsible for properly canceling your account.
2. Module specific data may be deleted after 6 months upon expiration of a module’s subscription.
3. PanXpan, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of our Application for any reason at any time. Such termination will result in the deactivation or deletion of your PanXpan Account (or your access to your Account) and the forfeiture and relinquishment of all data in your account. Data in terminated accounts will never be shared but may be deleted at a time when PanXpan chooses to do so. We reserve the right to refuse service to anyone for any reason at any time.
4. This Agreement will continue to apply until terminated by either you or PanXpan as set out in this Agreement. If you want to terminate your legal agreement with PanXpan, you may do so by directly notifying PanXpan at [email protected]

Copyright and Content Ownership
1. As the owner of any information, business data, passwords, usernames, PINs, other log-in information, materials or other content you provide to us through our Application, you are licensing this data to PanXpan solely for the purpose of providing the services rendered through our web based Application. By submitting or uploading any data, you represent that you are entitled to submit it to PanXpan for use for this purpose without violating anyone's rights or any laws, without any obligation by PanXpan to pay any fees or other limitations.
2. The look and feel of our Application is copyright 2010-2015. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from PanXpan.
3. You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to PanXpan related to the Application or PanXpan.com or its business (“Feedback”) shall become PanXpan’s property without any compensation or other consideration payable to you and you do so of your own free will and volition. PanXpan may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative PanXpan may decide into its services, software, documentation, business or other products, or any future versions or derivatives of the foregoing.

Privacy
1. For information about PanXpan’s privacy practices, please read our Privacy Policy here. This policy explains how PanXpan treats your personal and corporate information, and protects your privacy, when you sign up for a PanXpan Account and use our Application. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

General Conditions
1. Your use of our Application is at your sole risk. Our Application is provided on an “as is” and “as available” basis.
2. You understand that PanXpan uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Application.
3. You must not modify, adapt or hack the Application or modify another website so as to falsely imply that it is associated with PanXpan.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Application without the express written permission by the Company.
5. You understand that the technical processing and transmission of the Application, including your data, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We will always try our best to provide security, secrecy and privacy when transferring your data.
6. You must not transmit any worms or viruses or any code of a destructive nature.
7. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by PanXpan) we reserve the right to immediately disable your account or throttle your data hosting until you can reduce your bandwidth consumption.
8. PanXpan does not warrant that (i) the Application will meet your specific requirements, (ii) the Application will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Application will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Application will meet your expectations, and (v) any errors in the Application will be corrected.
9. You expressly understand and agree that PanXpan shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the PanXpan has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Application; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Application; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Application; (v) or any other matter relating to the Application.
10. You shall defend, indemnify and hold harmless PanXpan and its officers, directors, agents, owners, shareholders and employees, from and against all claims, actions, proceedings, costs, damages and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you or to any use by you of the Application or PanXpan.com.
11. The failure of PanXpan to exercise or enforce any right or provision of theses Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and PanXpan and governs your use of the Application, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Use).
12. If there is any dispute between you and PanXpan about or involving PanXpan or the Application, by using the Application, you agree that the dispute shall be governed by and construed in accordance with the laws of Los Angeles, California, USA, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts of the city of Los Angeles, California, USA in respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, PanXpan, or its Application howsoever arising, provided always that PanXpan may seek and obtain injunctive relief in any jurisdiction in relation to this Agreement.
13. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
14. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

Contacting PanXpan
1. If you have any questions about this Terms of Use agreement, please contact us at [email protected] You may also contact us by mail at 135 South State College Blvd, Suite 200, Brea, CA 92821.