Master Services Agreement - Last Updated July 2024
This is a legally binding agreement (the “Agreement”). Please read it carefully.
By clicking "I Agree" or installing or using the Tangiblee add-on and any updates to such Tangiblee add-on (collectively, the “App”) provided by yRuler Inc. (“yRuler”) you are agreeing to be bound by these terms.
1. Tangiblee Services
1.1. The App shall perform the following Services:
1.1.1. Provide access to the Tangiblee Platform (hereinafter “Tangiblee”), a product imaging solution that reveals sizing with context and scale for mobile devices, tablets and desktops.
1.1.2. Provide code snippets to integrate Tangiblee onto your production website, and staging website. Additional websites and or storefronts may incur additional charges as specified in your plan.
1.1.3. Provide testing solution for the purposes of evaluating Tangiblee performance.
1.1.4. Tangiblee shall extract data from your website automatically, including product measurements and product images.
1.1.5. Tangiblee shall monitor your website for new products and shall support them automatically.
1.1.6. Tangiblee will provide you with integration support.
1.1.7. If testing is performed using your A/B test platform, Tangiblee will be granted access to the A/B test platform to continuously analyze the test results, and to optimize the configuration throughout the testing period.
2. Publicity
2.1. Marks
You shall retain all right, title, and interest in and to your trademarks, service marks, names and logos (hereinafter “Marks”) and yRuler acknowledges that it neither owns nor acquires any rights in or to your Marks not expressly granted by this Agreement.
All other rights in and to your Marks are expressly reserved by you. Subject to the terms and conditions of this Agreement, and effective only during the Term, you grant yRuler anon-exclusive and royalty-free license to use, only for the purpose of using your Marks on marketing and promotional materials, such as yRuler: website, landing pages, sales presentations, and brochures.
2.2. Case Studies
You allow yRuler to publish case studies with results (hereinafter"Results") showcasing yRuler performance on your websites, in relative percentages. yRuler acknowledges that (i) all use of your Marks and any goodwill accruing therefrom shall inure solely to your benefit, and (ii) you maintain high standards and reputation for quality symbolized by your Marks and your Results. Use of your Marks and your Results will be subject to additional guidelines provided by you to yRuler, which may be amended from time to time.
You shall have the right to exercise quality control over yRuler’s use of your Marks and your Results to the extent necessary under applicable law to maintain the validity of your Marks and protect the goodwill associated therewith. Nothing in this Agreement shall be construed as a grant to yRuler, or any third party that may be working on yRuler’s behalf, any right to manufacture for sale any merchandise or offer any service bearing your name, likeness, portrait or picture other than for the purpose as stated hereunder. yRuler implementation will include a ‘powered by’ logo of yRuler with a backlink to yRuler website as part of the Tangiblee Services.
3. Feedback
Any questions, comments, ideas or any type of communication that you desire with yRuler should be delivered by electronic mail (“Feedback”) using one of the following electronic mail addresses: eliad@tangiblee.com, ryan@tangiblee.com, matt@tangiblee.com, success@tangiblee.com, or support@tangiblee.com. You agree, understand, and acknowledge that such Feedback shall be the intellectual property of yRuler upon receipt, and you agree, understand, acknowledge, and transfer to yRuler all rights to such Feedback for use by yRuler, including but not limited to incorporating such Feedback into any existing or non-existing product or service without any compensation to you.
By submitting any Feedback, you agree that such disclosure is gratuitous, unsolicited and without restriction and will not place yRuler under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of any Feedback, yRuler does not waive any rights to use similar or related ideas previously known to yRuler, or developed by its employees, or obtained from sources other than Licensee.
4. Term and Termination
yRuler may terminate this Agreement at any time without cause without any requirement of notice. Upon any such termination or expiration, you shall no longer be permitted to use the App, and shall delete all copies of the App in your possession.
5. General
5.1. Active Product (hereinafter, “AP”) is a single SKU with one specific color and one specific size that was available on your website within the last 30 days. For example, if an item that comes in two colors and has two sizes, then it will be counted as four APs.
5.2. Any additional StoreFront beyond the default StoreFront configured for you, will incur additional fees per month.
5.3. All the terms specified in the page https://www.tangiblee.com/terms-of-service-smb will be considered as part of this agreement; If there is any conflict between the two, than the terms specified on this page prevail.
5.4. This Agreement constitutes the entire agreement between the parties.yRuler may modify the terms of this Agreement by making the updated version of this Agreement available through the App, without requiring any further notice to you. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Agreement shall continue in full force and effect.