1. Services

1.1. Definition

The “Services” consist of providing data on specific trends, along with related data on each trend (growth, categories, brief description etc).

2. Paid Services:

“Paid Services” include full access to a trends database, the ability to search/sort trends, weekly “Pro Trend Reports” that contain insight and analysis around specific trends.

2.1. Billing Policies

Certain aspects of the Site may be provided for a fee or other charge. Exploding Topics may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you.

2.2. Refund Policy

You may cancel your subscription at any time. Please review our refund policy here.

2.3. Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

3. Content

The content of the pages of the Site and information available on the Site is for your general information and use only. It is subject to change without notice.

4. Your Information

Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Site meet your specific requirements.

5. Privacy Policy

Additionally, by accessing and using our Site, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link.

6. Proprietary Rights

You agree that all rights, title, and interest in and to the Website, Services, the technology underlying each of them, all modifications and any work product we create relating thereto, and all intellectual property rights in each of the foregoing, including, without limitation, patent, copyright, trademark, database rights, moral rights, rights in know-how and trade secrets (and any licenses in connection with any of them) throughout the world, whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world, are and will remain the sole and exclusive property of Exploding Topics, its licensors or affiliates. Except for access to the Services, no other rights are granted to you with respect to the Website or Services. We reserve all rights not expressly granted in this Agreement.

7. Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Exploding Topics and/or other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Sites on the World Wide Web without our written permission or such third party which may own the Marks. All information and content located on the Site is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes. Unauthorized use of the Site may give rise to a claim for damages and/or be a criminal offense.

8. Third-Party Websites

The Services and this Site may refer or link to third-party sites, products or services, including but not limited to artificial intelligence services. Third-party sites (“Third Party Sites”) to which we link or access are provided to you for your convenience only and are not under our control. We are not responsible for the content available on any Third Party Sites, and linking to any Third Party Sites or giving access to it does not imply our endorsement of any content or information on such Third Party Sites. We are not responsible for monitoring any transaction between you and any such Third Party Sites and do not warrant, endorse, guarantee, or assume responsibility for them. We may also provide you the ability to use third party services and products within the Services (“Third Party Services and Products”), including, but not limited to, payment processing services, information and communication services, analytics services, mapping services, internet advertising platforms, advertising service providers, and artificial intelligence services. Your use of these Third Party Services and Products may be subject to additional third party, terms of service and privacy policies.

9. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

9.1. Disclaimer

EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES TO WHICH THE WEBSITE OR SERVICES ARE LINKED.

9.2. Limitation of Liability

With the exception of any indemnification obligations stated herein, in no event will either party and its respective affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, punitive, or consequential damages or loss of profits, revenue, data or business opportunities arising out of or related to this agreement, whether an action is in contract or tort and regardless of the theory of liability whatsoever arising from or related to either this Agreement or use of the Services or the Website. Our maximum aggregate liability to you for any damages arising from or related to this Agreement is limited to the greater of (a) fifty dollars (US $50) or (b) amounts you have paid to us under this Agreement within the prior three (3) months. You understand and agree that if you do not agree to this limitation of liability, we would not provide the Services to you. Any cause of action you may have hereunder or with respect to your use of the Site or our Services must be commenced within one (1) year after the claim or cause of action first arises. The limitation of liability set forth in this paragraph shall apply to the fullest extent permitted by law.

9.3. Warranty Disclaimer With Regard To Third Party Sites, Third Party Services and Products

Exploding Topics and its affiliates disclaim any liability with respect to any Third Party Sites, your access to any Third Party Sites, and any Third Party Services and Products that you use and for any claim arising out of our authorized use of your Content.

10. Security

It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify us of any unauthorized uses of your user name and password or any other breaches of security. We will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

11. Termination

We may terminate your access to the Site without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability. Without limitation on any of our other rights or remedies at law, in equity or under these Terms of Use, we may terminate your license to use these Services, in whole or in part, including your right to use any products, without providing any refund or canceling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms of Use. This includes, but is not limited to, any rude, harassing or other damaging statements that are made on any of our websites directed to any other customers of Exploding Topics.

12. Indemnity

You agree to defend, indemnify and hold harmless Exploding Topics and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your breach or other violation of this Agreement, (b) your Content, (c) your use of and access to the Services and the Website, or (d) your violation of applicable law or any third party right, including without limitation any privacy, intellectual property or other proprietary right. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Exploding Topics’s defense of such matter.

13. General Provisions

13.1. Confidentiality

All confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated in writing as confidential (“Confidential Information”) will be safeguarded by the Receiving Party to the same extent that the Receiving Party safeguards its own information of like kind, but using not less than a reasonable degree of care. The Receiving Party shall not use Confidential Information for any purpose outside the scope of this Agreement or disclose Confidential Information to any third party (except as explicitly stated in our Privacy Policy). The Receiving Party’s obligations under this section shall not apply to information which is publicly available through no fault of the Receiving Party, already in Receiving Party’s possession without obligation of confidentiality, rightfully obtained by Receiving Party from third parties not under obligation of confidentiality, or independently developed by Receiving Party as evidenced by written documentation. If the Receiving Party is requested pursuant to a court or government order to disclose Confidential Information, the Receiving Party will give the Disclosing Party written notice (if not legally prohibited from doing so) sufficient to enable the Disclosing Party to seek protective order and the Receiving Party will cooperate with the Disclosing Party in such effort.

13.2. Assignment

You may not assign or transfer this Agreement, or rights or obligations under it, without our prior written consent. We may assign this Agreement, in whole or in part, without restriction. Any assignment or transfer in violation of the foregoing shall be deemed void and of no effect. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

13.3. Force Majeure

We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

13.4. Governing Law

Your use of the Site and any dispute arising out of such use of the Site is subject to the laws of the State of Massachusetts, United States of America and applicable federal law without regard to conflicts of laws principles. You agree that you will first attempt to resolve any concern or issue with us or with the use of this website by communicating fully your concern with us. Should communication with us not resolve your concern or issue, you agree to submit your concern or issue to the courts of the State of Massachusetts, Suffolk County, within one year of the dispute arising. You also agree that the successful party in any court action will be entitled to payment of its reasonable attorney fees involved in reaching a final order.

13.5. Entire Agreement

These Terms of Use and other referenced material are the entire agreement between you and us with respect to the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Site and govern the future relationship regarding your use of the Site. You may choose to enter into a contract or proposal for production of goods with us as a result of your use of this Site, and, if so, the terms of that contract or proposal, to the extent they differ from these Terms of Use, will be controlling. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

13.6. Changes

WE MAY CHANGE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY POSTING THE UPDATED AGREEMENT ON THE WEBSITE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THIS AGREEMENT AT ANY TIME AT https://explodingtopics.com/terms OR A SUCCESSOR URL THAT WE MAY DESIGNATE. THE REVISED TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY AFTER WE POST THE UPDATED TEXT ON THE WEBSITE. IF YOU USE THE SERVICES AFTER SUCH DATE, SUCH USE WILL CONSTITUTE ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS. We also reserve the right to modify the Services from time to time in our sole discretion. If any change to this Agreement is not acceptable to you, or if any change we make to the Services is a material reduction in functionality, you may, as your sole remedy for such change, stop using the Services and send a cancellation request.

13.7. Languages

You agree that this Agreement is written in the English language and that the English language version of this Agreement and any related document (including notices) shall prevail. Notwithstanding the foregoing, if you are located in a country whose laws require that contracts be in the local language in order to be enforceable, then the version of this Agreement that governs is the local language version that is produced by Exploding Topics within a reasonable time following your written request to us.

13.8. Right to Use Services

Subject to the terms and conditions of this Agreement, Exploding Topics hereby grants you permission to access and use the Services and the Site solely for your own internal business purposes in accordance with this Agreement and the limitations of the subscription plan that you select when subscribing to the Services. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not and will not violate any applicable law or regulation. If you are under 18, you may not register or attempt to register for the Services.