These Terms of Service (these “Terms”) constitute a legally binding
agreement between Humantic, Inc., (“Humantic”, “Our”, “Us”, “We”) and
You, and govern Your access to and use of Our Humantic software
applications and interactive services for devices that provide You
with inter alia, Humantic Data, Humantic Insights and Humantic
Functionality (“
App”). Please read these terms carefully. By
accessing or using the App in any way, You represent that You have (a)
read, understood and that You have the authority to enter into these
Terms on behalf of the business entity on whose behalf You are
entering into the Terms, and are authorized to bind such business
entity to the Terms; (b) the legal capacity to enter these Terms; and
(c) read and understood Our privacy policy available at
https://dev.humantic.ai/privacy
(“
Privacy Policy”). If You do not agree to be bound by these
Terms or Our Privacy Policy,You may not access or use the App.
You and Humantic are individually referred to as “Party” and
collectively as “Parties”.
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Access and Use
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Subject to Your strict compliance with these Terms and solely
during the Subscription Term, Humantic hereby grants You a
non-exclusive, non-transferable, non-sublicensable, revocable,
limited license to access and use the App and the Humantic
Insights solely for Your internal business purposes. Humantic
shall have no obligation to validate, update or refresh
Humantic Data.
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You may not: (a) access the App to build a competitive product
or service; (b) modify, adapt, copy, hack or reverse engineer
the App or any part thereof; (c) remove, change or replace any
Humantic’s intellectual property; (d) copy any ideas,
features, functions or graphics of any Humantic property; (e)
access any part of any Humantic App, or any server, equipment,
or network used to provide any Humantic Site unless expressly
authorized to do so or exceed any authorized level of access;
(f) transmit to us any Customer Data in violation of
applicable laws and regulations, including but not limited to
violation of any person’s privacy rights, export control
laws/regulations, intellectual property rights; (g) use the
Site or App to knowingly, transmit, upload, link to or send
any viruses, malware, trojan horses, time bombs, or any other
similar harmful software; (h) “crawl,” “scrape,” or “spider”
any page, data, or portion of or relating to the App or Site
(through use of manual or automated means); (i) conduct any
penetration or vulnerability testing on the App; (j) use
Humantic Insights to violate or incite violation of any
applicable rules, regulations or laws; (k) use Humantic
Insights to harass, stalk or advocate harassment or stalking
of any individual(s); (l) use Humantic Insights in connection
with activities like transmission of unsolicited mass mailing,
spam content; (m) resell Humantic Insights or Humantic Data
during or after termination of the Terms; (n) use Humantic
Insights or Humantic Data in relation to any form of
benchmarking; (o) use Humantic Insights or Humantic Data to
analyse or train Your own or any third party machine learning
(or non-machine learning) models or (p) use Humantic Insights
or Humantic Data in relation to any computation or calculation
using any software methods.
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In case You use data provided by Humantic that has originated
on another data platform, You agree to the terms and policies
laid out by the said platform (such as Twitter Terms of
Service, Privacy Policy, Developer Agreement, Developer Policy
or any other relevant policy in case of the Twitter platform)
before You start receiving and using such data from Humantic.
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By signing up to use App beyond the free trial, You grant
Humantic the right to use Your company’s name and logo on its
website or other marketing materials (unless it is agreed to
otherwise in an agreement or a Statement of Work). Humantic's
use of the name and logo of Your company does not create any
ownership right therein and all rights not granted to Humantic
are reserved by You.
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Ownership
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Except for the rights granted to You under these Terms, all
rights, title and interest in and to all intellectual property
and/or proprietary rights, title and interest in or related to
the App, Humantic Insights and Humantic Data, including
patents, inventions, copyrights, trademarks, domain names,
trade secrets or know-how (collectively, “Intellectual Property Rights”) shall belong to and remain exclusively with Us and Our
licensors.
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You represent and warrant to Us that You own or have the
necessary rights to transmit the Customer Data to Us and that
in doing so You do not violate any applicable law, proprietary
or privacy rights. In addition You also represent and warrant
to Us that You have not used any automated means or form of
data scraping or data extraction to access, download or
otherwise collect the Customer Data or related information
from any platform.
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You grant Humantic a worldwide license and right to use, copy,
store or organise the Customer Data to provide, support,
maintain and improve the App. Except for the rights expressly
granted to Humantic herein, You do not grant any ownership
rights in relation to the Customer Data to Humantic.
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Humantic shall have a royalty-free, worldwide, transferable,
sub-licensable, irrevocable and perpetual license to
incorporate into the App or otherwise use any suggestions,
enhancement requests, recommendations or other feedback
Humantic receives from You.
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All rights not expressly provided to You herein are reserved.
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Geographic restrictions
The App can be accessed from countries around the world and may
contain references to products and/or services that are not
available in Your country. Humantic reserves the right to limit
the availability of the App and/or the provision of any product or
service available through the App to any person, geographic area,
or jurisdiction, at any time and in Humantic’s sole discretion.
Humantic makes no representations that the App or products and
services are appropriate or available for use in all locations.
Those who access or use the App from other jurisdictions do so at
their own volition and are responsible for compliance with local
law.
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Third Party Links
Portions of the App may contain links to websites operated by
third parties (“Third Party Sites”). Such links are provided for
Your convenience only, and if You access any such Third Party
Sites You do so at Your own risk. Humantic is not responsible for
the content of any such Third Party Sites, or the products and
services sold on them, nor is Humantic responsible or liable for
any loss or damage that may arise from Your use of such Third
Party Sites. Links to other Third Party Sites do not imply our
endorsement of any content, advertising, products, services, or
other materials on or available through such Third Party Sites.You
should contact such third-party service provider for any issues
arising in connection with use of such Third Party Sites.
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Availability of App
From time-to-time the App or portions thereof may be inaccessible
or inoperable due to: (a) equipment malfunctions; (b) periodic
maintenance procedures or repairs that Humantic may undertake from
time to time; or (c) causes beyond the reasonable control of
Humantic or that are reasonably foreseeable by Humantic, such as
interruption or failure of telecommunication or digital
transmission links, hostile network attacks, network congestion or
other failures. You acknowledge and agree that Humantic does not
guarantee access to the App on a continuous and uninterrupted
basis, and that Humantic is not responsible for any delays,
delivery failures, or other damages resulting from interruptions
in availability of the Humantic properties.
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Changes to App
Humantic reserves the right to modify, withdraw, suspend or
discontinue, temporarily or permanently, at any time and from time
to time, any materials, product, or service available on the App,
without limitation, in whole or in part, including the cessation
of all activities associated with the App, with or without notice.
You agree that Humantic will not be liable to You or to any third
party for any such modification, withdrawal, suspension or
discontinuance. Any enhancements, new features or updates
(“Updates”) to the App are also subject to the Terms and Humantic
reserves the right to deploy Updates at any time.
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Trial
You may request a demo of the App or a trial of the App for a
limited period of time (“Trial Period”). The Trial Period
shall be subject to these Terms and any additional terms that
Humantic specifies. Humantic, in its sole discretion, shall have
the right to terminate Your right to use and access the App at any
time during the Trial Period and for any reason, without being
liable to You.
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Charges and Payment
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All charges associated with these Terms shall be based on the
plan You have subscribed at the prices listed at the Site or
in a relevant Order Form (“Subscription Charges”). The
Subscription Charges are due in full and payable in advance in
accordance with this clause, when You subscribe to the App.
You hereby authorize Humantic or its authorized agents, as
applicable, to bill You upon Your subscription to the App (and
any renewal thereof). Unless otherwise stated in an Order
Form, all payments are due within thirty (30) days of the
invoice date.
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Unless otherwise specified in the Terms, all Subscription
Charges are non-refundable. No refunds shall be issued for
partial use or non-use of the App.
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Unless otherwise stated, the Subscription Charges do not
include any taxes, levies, duties or similar governmental
assessments, including value-added, sales, use or withholding
taxes assessable by any local, state, provincial or foreign
jurisdiction (collectively “Taxes”).
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Term and Termination
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The Subscription Term shall be set forth on the Site or in a
relevant Order Form.
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In relation to Your monthly subscription to the App, either
Party may terminate this Agreement at any time and without
cause, by giving to the other Party a prior written notice of
not less than thirty (30) days .
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You may terminate these Terms in the event We materially
breach the Terms, provided that You shall provide an advance
notice of such breach and afford Us not less than seven(7)
days to cure such breach. In case of such termination Humantic
shall, pro-rata, refund the Subscription Charges for the
remainder of the Subscription Term.
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Humantic may suspend Your access to and use of the App if You
are in violation of the terms of these Terms. Humantic will
notify You if Your activities violate the Terms and, at
Humantic’s sole discretion, provide You with a period of
seven(7) days (“Cure Period”) to cure or cease such
activities. If You fail to cure or cease such activities
within said Cure Period or if Humantic believes that such
breach cannot be cured, Humantic shall immediately terminate
these Terms.
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Unless Your annual subscription to the Services is terminated
in accordance with clause 9.3 or 9.4 of these Terms or by a
written notice at least thirty (30) days prior to its expiry,
Your subscription to the Services will renew for a
Subscription Term equivalent in length to the then expiring
Subscription Term at the then prevailing Subscription Charges.
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Effect of Termination: Following the termination of
these Terms, either by You or by Humantic, Your access and use
of the App shall cease and You shall immediately delete all
Humantic Data in Your possession and confirm the same in
writing. Humantic retains all Customer Data in its possession
for thirty (30) days from the date of effective termination
(“Data Retention Period”). Beyond the Data Retention
Period, Humantic reserves the right to delete all the Customer
Data in its possession. Termination shall not limit either
Party’s liability for obligations accrued as of or prior to
such termination or for any breach of these Terms.
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Confidentiality, data privacy and security
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If You choose, or are provided with, a user identification
code, login, password or any other piece of information as
part of Humantic’s security procedures, You must treat such
information as confidential. You must not disclose it to any
third party. Humantic shall have the right to disable any user
identification code or password, whether chosen by You or
allocated by Humantic, at any time, if in Humantic’s
reasonable opinion,You have failed to comply with any of the
provisions of these Terms. Humantic will not be responsible
for any activities, including any attempted or actual access
or loss of data occurring in Your account as a result of Your
non-compliance of obligations under this clause.
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Each of the Parties will protect the other’s Confidential
Information from unauthorized use, access or disclosure in the
same manner as each of the Parties protects its own
Confidential Information, and in any event, no less than
reasonable care. Except as otherwise expressly permitted
pursuant to these Terms, each of the Parties may use the
other’s Confidential Information solely to exercise its
respective rights and perform its respective obligations under
these Terms and shall disclose such Confidential Information
solely to those of its respective employees, representatives
and agents who have a need to know such Confidential
Information for such purposes and who are bound to maintain
the confidentiality of, and not misuse, such Confidential
Information. The provisions of this clause shall supersede any
non-disclosure agreement by and between the Parties entered
prior to these Terms that would purport to address the
confidentiality of Customer Data and such agreement shall have
no further force or effect with respect to Customer Data.
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You acknowledge that Humantic shall Process Customer Data only
to provide, maintain and improve the App, or prevent or
address any technical problems, or at Your request in
connection with support requests and in accordance with these
Terms, and as part of the direct relationship between You and
Humantic.
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You acknowledge that, in addition to these Terms, the data
processing agreement shall apply where Humantic Processes
Personal Data originating from the European Economic Area,
United Kingdom and/or Switzerland.
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You acknowledge that Humantic shall Process any Personal Data
forming part of Customer Data only on Your behalf and as Your
data processor and that You are deemed to be the data
controller. Humantic shall reasonably assist You, at Your
expense, in meeting Your obligations under applicable data
protection laws.
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Humantic shall use appropriate technical and organizational
measures to protect the Customer Data. The measures used are
designed to provide a level of security appropriate to the
risk of Processing the Customer Data. Humantic shall, without
undue delay, notify You of any accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or
access to the Customer Data processed by Humantic.
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Parties are solely responsible for compliance with their
respective obligations under all applicable data protection
laws. You warrant that You will comply with all applicable
data protection laws while using the Humantic Insights.
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When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout
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You acknowledge and agree that Humantic and its group
companies may access or disclose information about You, Users,
including Customer Data in order to (a) comply with the law or
respond to lawful requests or legal process; or (b) prevent
any infringement of group companies’ or its customers’
proprietary rights. Further, at Humantic’s sole discretion,
any suspected fraudulent, abusive, or illegal activity by You
may be referred to law enforcement authorities.
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Arbitration; Applicable Law
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These Terms shall be governed by the laws of the State of
California without regard to any conflict of laws principles.
Both Parties hereby expressly agree to submit to the exclusive
personal jurisdiction of the courts at San Francisco,
California. Any and all disputes between You and Humantic
arising under or related in any way to these Terms must be
resolved through binding arbitration as described in this
section. This agreement to arbitrate is intended to be
interpreted broadly. It includes, but is not limited to, all
claims and disputes relating to Your use of the App.
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You agree that by entering into this agreement, You and
Humantic are each waiving the right to trial by jury or to
participate in a class action. You and Humantic agree that
each may bring claims against the other only in Your or its
individual capacity, and not as a plaintiff or class member in
any purported class or representative proceeding. Any
arbitration will take place on an individual basis; class
arbitrations and class actions are not permitted.
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The arbitration will be governed by the Commercial Arbitration
Rules and the Supplementary Procedures for Consumer Related
Disputes of the American Arbitration Association (“AAA”), as
modified by this section. For any claim where the total amount
of the award sought is $10,000 or less, the AAA, You and
Humantic must abide by the following rules: (a) the
arbitration shall be conducted solely based on written
submissions; and (b) the arbitration shall not involve any
personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties. If the claim exceeds
$10,000, the right to a hearing will be determined by the AAA
rules, and the hearing (if any) must take place in San
Francisco, California. The dispute shall be resolved by a sole
arbitrator who shall be appointed in accordance with the AAA
Rules. The arbitrator’s ruling is binding and may be entered
as a judgment in any court of competent jurisdiction. In the
event this agreement to arbitrate is held unenforceable by a
court, then the disputes that would otherwise have been
arbitrated shall be exclusively brought in the state or
federal courts located in San Francisco, California and shall
be decided pursuant to the laws of the State of California,
excluding its conflicts of law rules that would result in the
laws of a State other than California.
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Claims of infringement or misappropriation of Humantic’s
patent, copyright, trademark, or trade secret shall be
exclusively brought in the state and federal courts located in
San Francisco, California.
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Disclaimers
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Without limiting the foregoing, the App, is provided to You
“as is” and “as available” without warranty of any kind with
respect to the App, Humantic Data, Humantic Insights and
Humantic Functionality and/or materials, either express or
implied, including but not limited to, fitness for a
particular purpose, title, or non-infringement. Should
applicable law not permit the foregoing exclusion of express
or implied warranties, then Humantic hereby grants the minimum
express or implied warranty required by such applicable law.
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No advice or information, whether oral or written, obtained by
You from Humantic, its employees, agents, suppliers or any
other persons shall create any warranty, representation or
guarantee not expressly stated in this section.
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Additionally, Humantic does not make any warranties that the
Appwill be uninterrupted, secure or error free or that Your
use of the site will meet Your expectations, or that the site,
materials, or any portion thereof, is correct, accurate, or
reliable. Humantic reserves the right to change any part of
the App at any time without notice.
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Humantic does not make any warranties that the Humantic Data,
Humantic Insights or Humantic Functionality will be current,
accurate or complete.
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Humantic Insights and Humantic Functionality are only
suggestive in nature. The risk of use of Humantic Insights and
Humantic Functionality to make Your decisions remain solely
with You and Humantic shall not be liable in any manner.
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Limitation of Liability
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Your use of the App is at Your own risk. Neither Humantic, its
affiliates, nor any of their respective officers, directors,
agents or other representatives will be liable for any
damages, direct, indirect, incidental, consequential, special,
or punitive, including, without limitation, loss of data,
income, profit or goodwill, loss of or damage to property and
claims of third parties arising out of Your access to or use
of the App or arising out of any action taken in response to
or as a result of any materials or other information available
on the App, however caused, whether based on breach of
contract, tort (including negligence), proprietary rights
infringement, product liability or otherwise. The foregoing
shall apply even if Humantic was advised of the possibility of
such damages. If You become dissatisfied in any way with the
site, Your sole and exclusive remedy is to stop Your use of
the site. You hereby waive any and all claims against Humantic
and its affiliates, agents, representatives and licensors
arising out of Your use of the App. Because some states do not
allow the disclaimer of implied warranties or the exclusion or
limitation of certain types of damages, these provisions may
not apply to You.
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In no event shall Humantic’s aggregate liability arising out
of or related to these Terms, whether in contract, tort, or
under any other theory of liability, exceed the Subscription
Charges paid to Humantic by the Customer for access to and use
of the App during the preceding twelve (12) months prior to
the first event or occurrence giving rise to such liability.
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Indemnification
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Indemnification by You. You will indemnify and hold
Humantic harmless against any claim brought by a third party
against Humantic, its respective employees, officers,
directors and agents arising from Your acts or omissions in
connection with clauses 1.2 and 10.7 of the Terms provided
that (a) Humantic promptly notifies You of the threat or
notice of such a claim; (b) You will have the sole and
exclusive control and authority to select defense attorneys,
defend and/or settle any such claim; and (c) Humantic shall
fully cooperate with You in connection therewith.
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Indemnification by Humantic. Subject to Your compliance
with the Terms, Humantic will indemnify and hold You harmless,
from and against any claim brought against You by a third
party alleging that the App infringes or misappropriates such
third party’s valid patent, copyright, or trademark (an “IP Claim”). Humantic shall at its expense, defend such IP Claim and
pay damages finally awarded against You in connection
therewith, including the reasonable fees and expenses of the
attorneys, provided that (a) You promptly notify Humantic of
the threat or notice of such IP Claim; (b) Humantic will have
the sole and exclusive control and authority to select defense
attorneys, defend and/or settle any such IP Claim; and (c) You
shall fully cooperate with Humantic in connection therewith.
If Your use of the App has become, or in Humantic’s opinion is
likely to become, the subject of any IP Claim, Humantic may at
its own option and expense (a) procure the right for You to
continue using the App as set forth hereunder; (b) modify the
App to make it non-infringing; or (c) if options (a) or (b)
are not commercially and reasonably practicable as determined
by Humantic, terminate Your subscription to the App and repay
You, on a pro-rated basis, any Subscription Charges that You
had previously paid Humantic for the corresponding unused
portion. This clause states Humantic’s sole, exclusive and
entire liability to You and constitutes Your sole remedy with
respect to an IP Claim brought by reason of access to or use
of the App. Humantic will have no obligation or liability with
respect to any such claim arising out of Your gross negligence
or wilful misconduct.
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Miscellaneous Provisions
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Assignment: These terms, and any rights and licenses granted
hereunder, may not be transferred or assigned by You without
the prior written consent of Humantic. Humantic may freely
transfer or assign this agreement and any or all of its rights
and obligations described herein without restriction.
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These Terms are in English and all disputes between the
parties shall be resolved in English. You understand and
acknowledge that any foreign language services provided by
Humantic are for informational purposes only and it is Your
obligation to obtain independent legal advice at Your own
expense to ensure You understand the terms of these Terms.
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Severability, No Waiver: Humantic’s failure to enforce any
provision of these terms shall not be deemed a waiver of such
provision nor of the right to enforce such provision. If any
part of these terms is determined to be invalid or
unenforceable pursuant to applicable law, including, but not
limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of these terms shall continue in effect.
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Relationship of Parties: The Parties are independent
contractors. These Terms do not create a partnership,
franchise, joint venture, agency, fiduciary or employment
relationship among the Parties.
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Survival: All clauses which, by their nature are intended to
survive, including without limitation clauses (Ownership),
(Effect of termination), (Confidentiality, Data Privacy and
Security), (Disclaimer), (Limitation of liability),
(Indemnification), (Miscellaneous) shall survive termination
of the Terms.
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Changes to these Terms: From time to time, Humantic may revise
these Terms. Your use of the Appfollowing the posting of any
revised terms of use shall be deemed acceptance of the revised
Terms. Humantic strongly recommends checking Terms
periodically. If You disagree with the provisions of these
terms at any time, Your sole remedy is to terminate Your use
of the site. Continued use of the site constitutes Your
agreement to these Terms as in effect.
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Notices and Consent to Electronic Communications: All notices
from Humatic under the Terms may be delivered in writing (i)
by nationally recognized overnight delivery service
(“Courier”) or to the contact mailing address provided by You
while subscribing to the App; or (ii) electronic mail to the
e-mail address provided by You while subscribing to the App.
Humantic’s address for a notice is:
connect@humantic.ai
with a CC to
legal@humantic.ai by
electronic mail. All notices shall be deemed to have been
given immediately upon delivery by electronic mail, or if
otherwise delivered upon receipt or, if earlier, two (2)
business days after being deposited in the mail or with a
Courier as permitted above.
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Entire Agreement: These Terms, together with any Order Forms,
constitute the entire agreement, and supersede any and all
prior agreements between You and Humantic with regard to the
subject matter hereof. In the event of a conflict between the
terms of any Order Form and the Terms, the Order Form shall
prevail. In case of a conflict between two Order Forms, the
Order Form that is later in date shall prevail.
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Force Majeure: Notwithstanding anything to the contrary
contained elsewhere, Humantic shall not be liable for
unavailability of the App caused by circumstances beyond its
reasonable control, such as, but not limited to, acts of God,
acts of government, acts of terror or civil unrest, technical
failures beyond Humantic’s reasonable control (including,
without limitation, inability to access the internet,
unauthorized loss, distribution or dissemination of Customer
Data), or acts undertaken by third parties, including without
limitation, distributed denial of service attacks.
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Export Control Law: Parties agree to comply with all U.S. or
other applicable export control and economic sanctions laws
and regulations as they relate to access to and use of the
App. You shall not access or use the App if You are located in
any jurisdiction in which the provision of the App is
prohibited under U.S. or other applicable laws or regulations
(a “Prohibited Jurisdiction”) and You shall not provide
access to the App to any government, entity or individual
located in any Prohibited Jurisdiction. You represent and
warrant that You (i) are not named on any U.S. government (or
other government) list of persons or entities prohibited from
receiving U.S. exports, or transacting with any U.S. person,
(ii) are not a national of, or a company registered in, any
Prohibited Jurisdiction, (iii) shall not permit Users to
access or use the App in violation of any U.S. or other
applicable export embargoes, prohibitions or restrictions, and
(iv) You shall comply with all applicable laws regarding the
transmission of technical data exported from the United States
and the country in which the You and Your authorized Users are
located.
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Definitions
When used in this Agreement with the initial letters capitalized,
in addition to terms defined elsewhere in this Agreement, the
following terms have the following meanings:
App: means Humantic software applications and interactive
services for devices.
Confidential Information: means all information disclosed
by one Party to the other Party which is in tangible form and
labelled “confidential” (or with a similar legend) or which a
reasonable person would understand to be confidential given the
nature of the information and circumstances of disclosure. For
purposes of the Terms, Customer Data shall be deemed Confidential
Information. Notwithstanding the foregoing, Confidential
Information shall not include any information which (a) was
publicly known and made generally available in the public domain
prior to the time of disclosure by the disclosing party; (b)
becomes publicly known and made generally available after
disclosure by the disclosing party to the receiving party through
no action or inaction of the receiving party; (c) is already in
the possession of the receiving party at the time of disclosure by
the disclosing party as shown by the receiving party’s files and
records prior to the time of disclosure; (d) is obtained by the
receiving party from a third party without a breach of such third
party’s obligations of confidentiality; (e) is independently
developed by the receiving party without use of or reference to
the disclosing party’s Confidential Information, as shown by
documents and other competent evidence in the receiving party’s
possession; or (f) is required by law to be disclosed by the
receiving party, provided that the receiving party shall, to the
extent legally permitted, give the disclosing party written notice
of such requirement prior to disclosing so that the disclosing
party may seek a protective order or other appropriate relief.
Customer Data: means all text, document, personal data or
other materials transmitted to Humantic by You including through
the App to facilitate provision of Humantic Insights to You.
However, Customer Data does not include Humantic Data.
Humantic Data: means any personal data compiled by Humantic
from public data platforms and from third-party partners to
facilitate provision of Humantic Insights and Humantic
Functionality to You.
Humantic Functionality: means the feature whereby a
personalized email is suggested by the App based on analysis of
Customer Data and any new functionalities that the Company may
introduce as part of the App.
Humantic Insights: means insights related to a person or a
group of persons and the psychometric assessment reports including
but not limited to personality overview, personalization insights,
email personalization tips, DISC assessment, Big Five assessment,
confidence score, workplace behaviour factors, buying committee
insights, demographic details, prographic details (like seniority
level, education level), work history & education, interests and
hobbies, prepared by the App based on Humantic Data and Customer
Data, aiding in personality assessment of (a) Customer’s prospects
or clients; (b) Customer’s prospective or existing employees; (c)
any other individuals or groups of persons
Order Form: means any service order form or statement of
work specifying the App subscribed to, particular functionalities
in the App that You wish to avail and the Subscription Term.
Personal Data: means data relating to a living individual
who is or can be identified either from the data or from the data
in conjunction with other information that is in, or is likely to
come into, the possession of the data controller.
Processing/To Process: means any operation or set of
operations which is performed upon Personal Data, whether or not
by automatic means, such as collection, recording, organization,
storage, adaptation or alteration, retrieval, consultation, use,
disclosure by transmission, dissemination or otherwise making
available, alignment or combination, blocking, erasure or
destruction.
Site: means the websites owned and operated by Humantic
including https://dev.humantic.ai/ and https://devapp.humantic.ai.
Subscription Term: means the period during which You have
agreed to subscribe to the App specified in the Site or in a
relevant Order Form.
User: means those who are designated users within the App.