Before accessing and using the Platform or using the Services, we ask that you read this entire Agreement carefully, as it is a legally binding contract between you (“User”) and Connect The Dots™, inc. (“CTD,” “we” or “us”). This Agreement applies to each User that has an account to access the Platform or any other individual that uses the Services. Any agreements We have with a business or enterprise will be set forth in an appropriate Master Subscription Agreement (“Enterprise Agreement”).
This Agreement contains sections entitled “Disclaimers,” and “Limitation of Liability.” Please read these sections carefully, as they limit CTD’s liability to you. Also, please note that under Section 3.5 of this Agreement (CTD Communications), your use of the Platform and the Services constitutes your consent to receive certain communications from us via email.
The Effective Date of this Agreement is set forth above. If we decide to change these Terms of Service, we will post the new version here so that you will be able to review the new terms. We may change this Agreement at our discretion at any time, so please review this page periodically. If we make material changes to this Agreement, we will post those changes here and will try to notify you via email or by posting notice on our home page.
By clicking on the “I Accept” button, completing the registration process and/or using the Platform or Services, you: (1) agree to be bound by this Agreement; and (2) represent you are legal age in your jurisdiction of residence to enter contracts. Your continued use of the Services after the Effective Date or after we’ve notified you of changes constitutes your acceptance of any changes to this Agreement occurring after that date. If you decide that you no longer agree to the terms of this Agreement, you may no longer use the Service and you must close your account. Should we update or change the Services (or any mobile application), this Agreement will continue to apply to that updated service or application.
2.1 Account Creation. To use the Platform You must register for an account (“Account”) and provide the information requested by the account registration form. Once you have registered for an Account, you will access the Platform using the credentials associated with your email address pursuant to this Agreement. The information you provide to create your Account must be complete, accurate, and current and you must ensure that it remains so. You may terminate your account at any time by following the instructions provided by the Platform. We may suspend or terminate your Account in accordance with Section 9.
2.2 Access Through Third-Party Accounts. In order to provide the Services, the Platform integrates with third-party websites and applications, including email hosting providers (each, a “Third-Party Account”) as permitted by the terms and conditions of each Third-Party Account. By creating an Account and using the Services, you represent: (i) that you are free to share your Third-Party Account login information with CTD; (ii) that you may grant CTD access to your Third-Party Account to provide the Services; and (iii) granting access will not create any payment or other obligations on CTD or create any usage limitations imposed by such third-party service providers.
Your granting CTD access to any Third-Party Accounts means that CTD may access, make available and store (if applicable) any User Content (as defined below) that you have provided to and stored in your Third-Party Account (“Third-Party Account Content”) so that it is available on and through the Platform via your Account. Please be aware that (depending on the Third-Party Accounts you choose and your privacy settings), personally identifiable information within those Third-Party Accounts may be available on and through your Account on the Platform. Also, the Services may depend on access to Third-Party Accounts – if that access is revoked, the Services may not perform as intended.
Your relationship with the Third-Party Services Providers associated with your Third-Party Accounts is governed entirely by your agreement(s) with those Third-Party Service Providers. CTD is not a party to those agreements and has no liability or responsibility with respect to such agreements, even if CTD is provided with personally identifiable information in violation of any privacy settings you have with those accounts. Other than to provide the Services, CTD does not review Third-Party Account Content for accuracy, legality, non-infringement or otherwise and CTD is not responsible for any content in any Third-Party Account.
2.3 Account Responsibilities. You must maintain the confidentiality of your unique email account credentials and you are fully responsible for all activities that occur under your Account. You are the only individual authorized to access the Platform using your account credentials, and you may not share your credentials with anyone else. Please notify us immediately if there has been (or if you suspect) any unauthorized use of your Account or any other breach of security.
2.4 Enterprise Accounts. If you access the Platform through a Third-Party Account that is linked to, created by, or maintained by your employer or any other entity that has an Enterprise Agreement with us (“Enterprise Account”), that employer or entity may have access to your User Content and all features (and your ability to use same) of the Platform. CTD takes no responsibility for any actions of your employer or other entity through which you have an Enterprise Account. All Enterprise Accounts must comply with any enterprise or other policies related to the use of the Platform (including user account, social media and confidentiality policies (the “Enterprise Policies”)). This Agreement is incorporated into any applicable Enterprise Policies or other agreement and the terms of our Enterprise Agreement will control if they conflict with this Agreement.
3.1 License. Subject to this Agreement, CTD grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own personal use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to your compliance with the restrictions below under the heading “Acceptable Use.” Also, you shall not: (a) sublicense, sell, rent, lease, loan, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, whether in whole or in part, or any data or content displayed on the Platform; (b) copy, modify, adapt, translate, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform, including any data or content displayed on the Platform; (c) access the Platform, or any data or content displayed on the Platform, in order to build a similar or competitive website, product, or service; (d) interfere in any manner with the operation of the Platform or the hardware and network used to operate the same, or attempt to probe, scan or test vulnerability of the Platform without prior authorization of CTD; (e) attempt to access the Platform through any unapproved interface; (f) use the Platform, or any data or content displayed on the Platform, in connection with any of your time-critical or mission-critical functions; (g) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Platform ; (h) use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data or content from the Platform; or (i) otherwise use the Platform, or any data or content displayed on the Platform, in a manner inconsistent with applicable law or this Agreement. CTD may suspend your access to the Platform for any failure, or suspected failure, to comply with the foregoing conditions.
3.3 Modification. CTD may modify, suspend, or discontinue the Platform (in whole or in part) at any time in its sole discretion with or without notice and without liability. Further, CTD has no obligation to provide you with any support or maintenance in connection with the Platform.
3.4 Ownership. Excluding any User Content that you may provide, all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform, its content and in the Services are owned by CTD or its licensors. Other than the limited license granted herein, neither you nor any third party shall obtain any right, title or interest in or to such intellectual property rights by virtue of the use of the Platform or the creation of any Account. CTD reserves all rights not granted in this Agreement.
3.5 CTD Communications. You expressly agree to receive communications from us, including via e-mail. Communications from us and our affiliated companies may include but are not limited to: (a) operational communications concerning your Account or the use of the Platform; (b) updates concerning new and existing features on the Platform; (c) communications concerning promotions run by us or our partners; and (d) news concerning CTD and industry developments. We may provide you with the ability to opt-out of such communications but opting out may affect your use of the Platform and the Services.
4.1 User Content. “User Content” means any information and content you submit to or use with the Platform. This includes email, calendar and related content and information provided or submitted by you or imported from your Third-Party Account(s) at your direction in connection with your use of the Platform and the Services. You are solely responsible for your User Content and any obligations regarding its accuracy, quality, integrity, reliability and legality. You assume all risks associated your User Content and any reliance by others on its accuracy, completeness or usefulness, or any disclosure of your User Content that identifies you or others. You represent and warrant that you have the right to upload your User Content and that it does not violate any requirements under the heading “Acceptable Use” below. You may not represent or imply that CTD provides or endorses your User Content. CTD is not obligated to backup any User Content, and it may be deleted from the Platform at any time without notice. You are encouraged to create and maintain backup copies of your User Content if you desire.
4.2 License. By using the Platform and the Services, you grant CTD an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content (including Contacts) as necessary to: (a) provide and improve the Platform (including through machine learning applications); (b) generate log files, event files, and trace and diagnostic files, as well as statistical and other data from the operation of the Platform and the use of User Content, in each case, in an aggregated or anonymized form (“Technical Data”); and (c) use and disclose Technical Data to improve the Platform and CTD’s related products and services (including through machine learning applications) and provide analytics and benchmarking services. Technical Data disclosed to another party will not identify you or your enterprise (if applicable).
4.3 Contacts. If you access the Platform through an Enterprise Account, access to your User Content may be lost when you leave the enterprise or upon the termination of the Enterprise Account. Whether any access will continue will be subject to the terms of the Enterprise Agreement and may include information about your contacts derived from signature information and headers (i.e., in the date, from, to, cc and bcc, and subject fields) in your User Content associated with your Enterprise Account (“Contacts”).
4.4 Acceptable Use:
(a) You may not use the Platform to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) You shall not: (i) upload, transmit, or distribute to or through the Platform any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Platform unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Platform to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Platform; or (vi) use software or automated agents or scripts to produce multiple accounts on the Platform, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
4.5 Enforcement. If you do not comply with the Acceptable Use or any other provision in this Agreement we may, in our sole discretion, remove your User Content and terminate your Account. We may also make reports to law enforcement authorities depending on the materials within your User Content.
4.6 Feedback. If you provide CTD with any feedback or suggestions regarding the Platform (“Feedback”), you grant CTD a perpetual, irrevocable, sublicensable, transferable, royalty-free license to use and fully exploit such Feedback and related information in any manner it deems appropriate. Feedback is non-confidential and non-proprietary and you agree not to submit information or ideas that you consider to be confidential or proprietary as Feedback.
You agree to defend indemnify and hold harmless CTD, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors from any claim or demand made by any third party due to or arising out of your: (a) use of the Platform, (b) violation of this Agreement or applicable laws; or (c) User Content.
6.1 Third-Party Links & Ads. The Platform may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of CTD, and CTD is not responsible for them. CTD provides access to these Third-Party Links & Ads as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations about them. You use all Third-Party Links & Ads at your own risk. If you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy policies.
6.2 Other Users. Each person using the Platform is solely responsible for their own User Content. CTD does not control and is not responsible for any User Content on the Platform. CTD makes no guarantees or warranties of any kind relating to User Content. Your interactions with other Platform users are solely between you and such users and CTD is not be responsible for any loss or damage incurred as a result.
THE PLATFORM IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND CTD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. CTD MAKES NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. YOU USE THE PLATFORM ENTIRELY AT YOUR OWN RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CTD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF CTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES; OR (B) ONE HUNDRED DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9.1 This Agreement will apply for so long as you use the Platform and Services. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion and without liability. Upon termination of this Agreement, your Account and right to access and use the Platform will terminate immediately. Termination of your Account may involve deletion of your User Content. CTD is not required to delete or remove any User Contact from the Platform. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 11.
10.1 Governing Law and Venue. This Agreement is governed and interpreted under the laws of California. The United Nations convention on contracts for the international sale of goods does not apply to this Agreement. In the event of any dispute between us, we both agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts of California located in San Francisco County, California.
10.2 Waiver of Class or Other Non-Individualized Relief. Both parties agree that all claims brought against the other must be brought in an individual capacity and not on a class or collective basis – only individual relief is available and any claims of more than one User may not be consolidated with those of any other customer or user.
10.3 Force Majeure. CTD shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
10.4 Export. The Platform may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from CTD, or any products utilizing such data, in violation of the United States export laws or regulations.
10.5 Consumer Complaints. CTD is located at the address in Section 10.10. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.6 Electronic Communications. The communications between you and CTD use electronic means, whether you use the Platform or send us emails, or whether CTD posts notices on the Platform or communicates with you via email. You consent to receiving electronic communications from CTD and agree that they satisfy any requirement that a communication be in “writing.”
10.7 Notice. Where CTD requires that you provide an e-mail address, you are responsible for providing CTD with your most current e-mail address. If the last e-mail address you provided to CTD is not valid or cannot or does not deliver any notices required/permitted by the Agreement, CTD’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to CTD at the following address: Connect The Dots, 548 Market Street, PMB 77624, San Francisco, CA 94104. Such notice shall be deemed given when received by CTD by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
10.8 Entire Agreement. This Agreement constitute the entire agreement between you and us regarding the use of the Platform. Any failure to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be enforced and the invalid provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without CTD’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. CTD may freely assign this Agreement. The terms and conditions set forth in this Agreement shall be binding upon assignees.
10.9 Copyright/Trademark Information. Copyright © 2020 CTD. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Platform are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
10.10 Contact Information:
Connect The Dots
548 Market Street, PMB 77624
San Francisco, CA 94104
