How Can We Help?
Last Updated: 02 Feb 2022
FeedAhead is an online, fee based, service to share and gather feeds. FeedAhead is offered as pay-for-use Software-as-a-Service. FeedAhead is built, owned and operated by web frolic, Inc. (“Company”).
The Client wishes to engage the Provider in order to perform FeedAhead Services (“Services”) for the Client utilizing Provider’s feed aggregation techniques with respect to email id data to be provided by the Client and
Provider is willing to provide such Services to the Client on the terms, and subject to the conditions, set forth herein.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants, promises and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the Client and Provider agree as follows:
Provider will accept Client Data from Client via the website or email, and store the data on its secured servers. Utilizing its proprietary feed collection and aggregation techniques, Provider shall analyze the Client Data and allow the Client to collect and visualize the feed.
In consideration for provision by Provider of the Services, the Client shall pay the Company with the applicable compensation.
1. The term of this Agreement (the "Term") shall commence upon using the Service and continue until the user has deleted all their data and no longer use the service
2. The following sections shall survive the expiration or termination of this Agreement: Fees for the Services, Client Representations, Proprietary Rights, Client’s Indemnity to FeedAhead, and Limitations of Liability.
The relationship of Company to the Client shall be that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship.
1. The parties hereby acknowledge and agree that all worldwide right, title, ownership and interest in and to any and all designs, inventions, original works of authorship, findings, conclusions, discoveries, developments, concepts, improvements, trade secrets, techniques, processes, know-how and other work product, whether or not patentable or registrable under copyright or similar laws, which Company may solely or jointly conceive or develop or reduce to practice, or cause to be conceived or developed or reduced to practice, in the performance of the FeedAhead Services hereunder (collectively, the "Works"), including any and all intellectual property rights inherent in the Works and appurtenant thereto, including without limitation, all patent rights, copyrights, trademarks, know-how and trade secrets (collectively, "Intellectual Property Rights"), shall belong exclusively to Company.
2. The parties expressly acknowledge and agree that right, title, ownership and interest to the Client Data, defined as feeds collected for Client to Company shall at all times remain exclusively with Client. The Provider shall use the Client Data only for the purpose of providing services or improving services under this agreement.
Client shall defend, indemnify and hold the Company harmless against any loss, damage or costs (including reasonable attorneys’ fees) incurred in connection with Claims made or brought against the Company by a third party alleging that Client Data, or Client’s use of the FeedAhead Services in violation of the Agreement, infringes the intellectual property rights of, or has otherwise harmed, a third party or violates any law or regulation.
IN NO EVENT SHALL EITHER PARTY, ITS OFFICERS OR ANY OF ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF BUSINESS OR OTHER LOSS (INCLUDING SUBSTITUTION OF SERVICES) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY THIRD PARTY SERVICES DELIVERED IN CONNECTION HEREWITH EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LEGAL LIABILITY; AND IN NO EVENT SHALL EITHER PARTY’S OR ITS AFFILIATES’ OR RESOURCES’ CUMULATIVE LIABILTY HEREUNDER EXCEED USD 1 ( US DOLLARS ONE ONLY).
You agree to defend, indemnify and hold FeeAhead harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any feed you provide and collect with it.
How Can We Help?