Terms and conditions

 

SOFTWARE AS A SERVICE CLICKTHROUGH AGREEMENT

Last updated: January 27, 2024

This Software as a Service Clickthrough Agreement (“Agreement”) is entered into as of the date on which the user completes the sign-up process and accepts these terms (the “Agreement Date”) between FETCHROCKET, LLC, a Limited Liability Company (“Provider”), and any user who accesses and uses the software as a service (the “Service”). The Services is a software application and may also be referred to herein as the “Application”. Provider and all users are collectively referred to herein as the “Parties.”

1. SERVICES

1.1 Service Description: Provider agrees to provide users with access to and use of its software as a service, as described in Exhibit A (the “Service”).

1.2 Data Privacy: Provider shall maintain the confidentiality and privacy of all data and information provided by users in accordance with the terms of this Agreement and applicable data protection laws and regulations.

2. DATA PRIVACY

2.1 Data Processing: Provider may process personal data on behalf of users as part of the Service. Users acknowledge that Provider shall act as the data processor. The Parties shall comply with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

2.2 Data Security: Provider shall implement appropriate technical and organizational measures to protect personal data from unauthorized access, disclosure, alteration, and destruction. Details of these measures are described in Exhibit B.

2.3 Data Subject Rights: Provider shall assist users in responding to data subject requests (e.g., access, rectification, erasure) to the extent required by applicable data protection laws.

2.4 Data Breach Notification: In the event of a data breach involving personal data, Provider shall promptly notify affected users as required by applicable law.

2.5 Privacy Policy Compliance: Provider shall ensure that its privacy policy is in compliance with the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Users’ personal data shall be processed and handled in accordance with the principles and requirements set forth in these data protection laws.

3. LIMITATION OF LIABILITY

3.1 Mutual Limitation of Liability: To the maximum extent permitted by applicable law, neither Party shall be liable to the other for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, lost profits, loss of data, or business interruption, arising out of or related to the use of the Application or any of the terms of this Agreement, even if the Party has been advised of the possibility of such damages. Should the Provider be found negligent in any court of law then the extent of financial damages shall be the total amount paid by the plaintiff for the last month of service by plaintiffs for use of the Application.

4. INDEMNITY

4.1 Mutual Indemnity: Each Party shall indemnify and hold harmless the other Party, its officers, directors, employees, and agents, from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to the Party’s breach of any representation, warranty, or obligation under this Agreement.

5. DISCLAIMER OF RESPONSIBILITY

5.1. Use of Application: Users acknowledge and agree that Provider is not responsible for how users use the Application or the content they upload. Users are solely responsible for their use of the Application and their compliance with all applicable laws and regulations.

5.2. No Performance Guarantee: Users acknowledge and agree that Provider does not guarantee the performance, availability, or reliability of the Application. The Application is provided “as is” and “as available” without any warranties of any kind.

5.3. Warranty Disclaimer:

Warranty Disclaimer: The Service is provided “as is” and “as available,” without any warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Provider makes no warranty that the Service will be error-free, uninterrupted, timely, secure, or virus-free. Users acknowledge and agree that their use of the Service is at their sole risk. No oral or written information or advice provided by the Provider shall create a warranty.

5.4. Honor Code Compliance: Users, particularly students bound by an honor code, agree to use this application in accordance with their respective school’s honor code. The Provider explicitly states that it is not liable for any breaches of the honor code by users. The Provider does not condone cheating or any actions that violate the principles of academic integrity, and users are solely responsible for ensuring their use of the application aligns with their school’s honor code.

5.5. Ownership or Permission Assertion: Users, by uploading files or information into the application, assert that they are the legal owner of such files or information. In the event that users do not own the files or information, users further assert that they have obtained verifiable permission from the legal owner to use the files or information within this application. Under no circumstances is the application or Provider responsible for files or information uploaded under false pretenses, and users bear full responsibility for any legal consequences or disputes arising from unauthorized use.

6. ACCEPTANCE OF TERMS

By accessing and using the Service, users acknowledge that they have read and understood this Agreement, and they agree to be bound by its terms and conditions. If users do not agree to these terms, they should not use the Service.

7. GENERAL PROVISIONS

7.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Florida.

7.2 Entire Agreement: This Agreement contains the entire understanding between the Parties with respect to its subject matter and supersedes all previous agreements and understandings.

Exhibit A – Service Description

Exhibit A – Service Description

The Service provided by Provider includes but is not limited to the following:

  1. User Registration: Users may register accounts to access and use the Service.
  2. Access to Application: Users will have access to the application to upload, view, download files and interact with their files through a chatbot.
  3. Data Storage: Provider will store user data, including but not limited to files and notes, on servers hosted by a partner at Provider’s discretion.
  4. Support and Maintenance: Provider will provide reasonable technical support and maintenance for the Service during normal business hours on the east coast of the United States.
  5. Updates and Upgrades: Provider may release updates and upgrades to the Service from time to time, at its discretion.
  6. Payment: Users will be required to pay for the Service as per the terms specified within the application’s subscription settings. **Users acknowledge and agree that their access to the application is contingent upon an active subscription and timely payment for the service. The subscription details, including duration and pricing, are managed within the application’s subscription settings. Users will have access to the application for the duration of their active subscription, and the Provider reserves the right to terminate access in the event of non-payment or violation of the terms outlined in this Agreement.**
  7. Termination: Users may terminate their subscription at any time through the application’s subscription settings. Termination will be effective at the end of the current billing cycle, and no refunds will be provided for the remaining subscription period. The Provider reserves the right to terminate access immediately in the event of non-payment or violation of the terms outlined in this Agreement.

 

Exhibit B – Data Security Measures

 

Provider shall implement and maintain the following technical and organizational measures to protect personal data processed as part of the Service:

  1. Access Controls: Provider shall implement access controls to ensure that only authorized personnel can access and manage user data. Access to personal data shall be restricted to those employees who need it for their job responsibilities.
  2. Data Encryption: Provider shall use encryption methods, such as Secure Socket Layer (SSL) or Transport Layer Security (TLS), to secure data transmission between the user’s device and the Service.
  3. Data Backups: Provider shall regularly back up user data to prevent data loss in case of system failures or data corruption. Backups will be stored securely and tested for data integrity.
  4. Incident Response Plan: Provider shall maintain an incident response plan to promptly address and mitigate security incidents, including data breaches. The plan shall include procedures for notifying affected users and relevant authorities, as required by law.
  5. Employee Training: Provider shall train its employees on data security best practices and provide regular awareness programs to educate them about potential threats and risks.
  6. Data Retention and Deletion: Provider shall retain user data only for the duration required to fulfill the purposes for which it was collected or as required by applicable data protection laws. Upon request or termination of the Service, Provider shall securely delete user data.
  7. Third-Party Audits: Provider may engage third-party auditors or conduct security assessments to evaluate the effectiveness of its security measures and ensure compliance with data protection standards.
  8. Physical Security: For on-premises servers, Provider shall implement physical security measures to prevent unauthorized access, including access controls, surveillance, and environmental controls.