Terms of service

ACROSSIO Terms of Service Agreement



Updated: May 24, 2018

ACROSS LAB, INC. ("ACROSSIO") LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (THIS"AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE USING THIS SOFTWARE AS A SERVICE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE"). THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE ACROSSIO WEBSITE(S) OR BY UTILIZING THE ACROSSIO SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS EULA, DO NOT USE THE SOFTWARE. THE ACROSSIO SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.

THIS EULA IS A LEGAL AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND ACROSSIO. THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH ACROSSIO RELATING TO THE SOFTWARE.
Any software associated with the Services and website is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Assent to Be Bound

By clicking the "I agree to the ..." checkbox on any Acrossio registration (sign-up) page/modal and completing the registration process, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, please exit the registration/sign-up process.

BETA DISCLAIMER

THE BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR ACCOMPANYING MATERIALS.

Changes to Terms.

These Terms, or any part thereof, may be modified by ACROSSIO, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Websites and/or Software after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Changes to Websites and/or Software.

ACROSSIO may change or discontinue any aspect, service or feature of the Websites and/or SOFTWARE at any time, including, but not limited to, content, availability, and equipment needed for access or use.

Grant of License

Subject to the terms and conditions of this Agreement, ACROSSIO hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense)
(i) to use the Software in accordance with the Documentation solely for purposes of internal testing and evaluation, and
(ii) to copy Software for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.

Restrictions on Grant

Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Software or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Software shall not be deemed derivative works); (b) copy the Software except as provided in this Agreement or elsewhere by ACROSSIO; (c) separate Software, which is licensed as a single product, into its component parts. (d) sublicense or permit simultaneous use of the Software by more than one user; (e)reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product or the Software (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Software in a timesharing or service bureau arrangement, or otherwise transfer rights to any Software. You may NOT transfer the Software under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); (h) publish any results of benchmark tests run on any Software to a third party without ACROSSIO prior written consent; or (i) use any Software on a system with more CPUs than the number licensed, by more users than have been licensed, on more computers or computing devices than the number licensed, or by more developers than the number licensed, as applicable.

Responsibily for Registration Information and Content

You may be required to provide information about Yourself in order to register for and/or use the Software and/or certain Services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party. You agree that You are solely responsible for the content ("Content") sent by You or displayed or uploaded by You in using the Software. You agree that You will not use the Software in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and that You are solely responsible for compliance with all such laws and regulations. You further agree not to use the Software to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. You further agree not to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. You further agree not to upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Software in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of ACROSSIO or other users of Software. You also agree to comply with applicable local rules or codes of conduct (including codes imposed by Your employer) regarding online behavior and acceptable content and the transmission of technical data exported from the United States or the country in which You reside. ACROSSIO reserves the right to investigate and take appropriate action against anyone who, in ACROSSIO's sole discretion, is suspected of violating this provision, including without limitation, reporting You to law enforcement authorities. Use of the Software is void where prohibited. Although ACROSSIO is not responsible for any Content in violation of this provision, ACROSSIO may delete any such Content of which ACROSSIO becomes aware, at any time without notice to You. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Software. The organizer (or in certain cases any participant) of a meeting can choose to record ACROSSIO meetings. By signing up, you are giving ACROSSIO consent to store recordings for any or all meetings or webinars that you join. In case of recordings produced outside ACROSSIO (third party video or audio services that you use or have integrated to ACROSSIO) You agree that you are solely responsible for compliance with all relevant laws and regulations of the specific content. You will receive a visual notification when recording is enabled. If you choose not to be recorded, you can choose to leave the meeting or webinar.

Privacy

Use of the Software is also subject to ACROSSIO's Privacy Policy, a link to which is located at the footer on ACROSSIO's website, and which is incorporated into this Agreement by this reference. Additionally, You understand and agree that ACROSSIO may contact You via e-mail or otherwise with information relevant to Your use of the Software, regardless of whether You have opted out of receiving such notices. You also agree to have Your name and/or email address listed in the header, body or footer of certain communications You initiate through the Software.

Software Product Support

ACROSSIO is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Software will be corrected.

Ownership and Copyright of Software

Title to the Software and all copies thereof remain with ACROSSIO and/or or its suppliers. The Software is copyrighted and is protected by United States copyright laws and international treaty provisions. Licensee will not remove copyright notices from the Software. Licensee agrees to prevent any unauthorized copying of the Software. Except as expressly provided herein, ACROSSIO does not grant any express or implied right to you under ACROSSIO patents, copyrights, trademarks, or trade secret information.

Ownership and Copyright of Licensee Created Content

Title to All non-evaluation related content created by Licensee using the Software remain with the Licensee. This content shall be considered private and confidential unless the Licensee elects to make the same public.

Term of This Agreement

Your rights with respect to the Software will terminate upon the earlier of (a) the initial commercial release by ACROSSIO of a generally available version of the Software or (b) six months after the last date you access and start using Software or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using, and will return to ACROSSIO (or, at ACROSSIO' request, destroy), the Software, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.

Disclaimer

THE SOFTWARE AND DOCUMENTATION ARE LICENSED "AS IS", AND ACROSSIO DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, ACROSSIO EXPRESSLY DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.

Limitation of Liability

Provision of any Software under this Agreement is experimental and shall not create any obligation for ACROSSIO to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.

ACROSSIO CUMULATIVE LIABILITY TO YOU OR ANY PARTY RELATED TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR INSTALLATION OR USE OF THE SOFTWARE AND DOCUMENTATION SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO ACROSSIO BY YOU UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. IN NO EVENT SHALL ACROSSIO BE LIABLE TO YOU OR ANY PARTY RELATED TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ACROSSIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

United States Government Restricted Rights

The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.

Governing Law and Choice of Forum

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this EULA shall be resolved in a California state court situated within Northern California. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.

Compliance with Laws

You represent and warrant that your use of the Software will comply with all applicable laws and regulations. You’re responsible for determining whether the Software is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation - GDPR) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Software, then we won’t be liable if the Software doesn’t meet those requirements. You may not use the Software for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or participate in meetings or produce/upload/use other Content through the Software with/to anyone located in the EEA (each such Member an “EEA Member”) in your recorded or linked sessions via the Software, and/or otherwise collecting information as a result of creating or sending such sessions, you represent and warrant to ACROSSIO that:

  • You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Software, and includes a link to ACROSSIO’s Privacy Policy.
  • You will get and maintain all necessary permissions and valid consents required to lawfully transfer or record data to/in ACROSSIO and to enable such data to be lawfully recorded, collected, processed, and shared by ACROSSIO with the appropriate permissions the Software provides and for the purposes of providing the Software or as otherwise directed by you.
  • You will comply with all laws and regulations applicable to the Content, Recordings and Context sent through the Software, including those relating to
    (a) acquiring consents (where required) to lawfully share sessions and/or content,
    (b) the Content of Sessions, and
    (c) your Sessions contextual data.
  • You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable ACROSSIO to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Software in accordance with and as described in the Cookie Statement.
  • If you are a Data Controller according to GDPR, you will be responsible for keeping up with your obligations with respect to data protections and security when processing personal information.
    In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
  • You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of the above "Compliance with Laws" Section.
  • Export Restrictions

    You acknowledge that Software is of U.S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Software, including the U. S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

    Fair Use Policy

    ACROSSIO’s fair usage policy (“FUP”) is designed to prevent fraud and abuse of our products. ACROSSIO’s products are for individual and team use in accordance with the ACROSSIO Terms of Service Agreement and this FUP - Legitimate Use. The following is a non-exhaustive list of practices that would NOT be considered Legitimate Use:

    • Recording of less than 75% of cumulative monthly hosting meeting/session time *;
    • Unusual session/meeting patterns inconsistent with normal anticipated use;
    • Re-selling subscription and/or minutes;
    • Using subscriptions for telemarketing or call center operations;
    • Sharing subscriptions between users whether via computer or any other means;

    Other practices may be relevant in determining Legitimate Use and ACROSSIO reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. ACROSSIO may at its option, terminate or suspend its relationship with you, and your use of any ACROSSIO product immediately if it determines you are using the product contrary to this FUP.

    Subscriptions
    Subject to this FUP, ACROSSIO’s free subscriptions allow a maximum of 15 hours of meeting hosting/organizer time per month.

    *The intrinsic value of ACROSSIO products comes from recorded sessions. For this reason it is required that you record a minimum of 75% of the cumulative monthly hosting meeting time.

    Entire Agreement

    This Agreement constitutes the complete and exclusive agreement between you and ACROSSIO with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals,representations, understandings, or agreements not specifically incorporated herein. This Agreement may not beamended except in a writing duly signed by you and anauthorized representative of ACROSSIO.

    Copyright (C) 2012-2018 ACROSS LAB, INC. All rights reserved. ACROSSIO is a registered trademark of ACROSSLAB, INC.

    This product is based on a technology that is the subject matter of a number of pending patent applications.

    Product Site: www.acrossio.com

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