Posted on March 01, 2021; Effective Date: March 01, 2021
If you are entering into these Terms on behalf of a company, business, or other organization, you hereby represent and warrant that you are authorized to enter into these Terms on behalf of such company or other organization.
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
Colatform’s Services and Platform provide a workspace and facilitate Business Collaboration for teams and enterprises. You may access and use the Materials and Services under these Terms. Please note that these Terms govern your use of the Platform, including, but not limited to, the process through which your users, employees, customers, shareholders, etc. work with you through your subscribed service area.
We invite you to use this Workspace and its services for your purposes. You are not permitted to reselling the ("Permitted Purposes"). Subject to these Terms, we grant you a limited, non-exclusive, and non-transferable license to use and to display the Materials and a limited, non-exclusive and non-transferable right to access and use the Services following the set-up of a Free Account or Paid Account as set forth below. You have no other rights in the Services or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of the Services or the Materials in any manner. If you make copies of any portions of these Services and or Materials while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on this Website.
Subject to these Terms, we also grant you a limited, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may from time to time have specifically identified within the Website is available for download solely in connection with accessing the Services (“Downloadable Tools”). Such Downloadable Tools are also subject to the additional terms provided to you upon download, including without limitation our End User License Agreement.
Our Website is not intended for and may not be used by individuals under 18 years of age. By registering for a Colatform account, you promise that you are at least 18 years of age.
To use the Services, you need to set up a Colatform account. You may establish either a free account (“Free Account”) or a paid account (“Paid Account”). You are authorized by Colatform to set up one Free Account only. Colatform reserves the right to terminate any additional Free Accounts set up by you and any Free or Paid Accounts that have been inactive over 3 months.
When you create an account, we collect registration-related information such as name, address, e-mail, and phone number. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website and its Services, whether directly or through any account that you may set up through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a 3rd-party site that we may allow you to use to access this Website. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.
SUBSCRIPTION PERIOD AND SUBSCRIPTION FEES
You agree to pay all applicable fees related to your use of this Website and the Services which are described fully on our Pricing and Plans Page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular membership and utilized services.
The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described more fully on our Pricing and Plans Page. For Free Accounts, the subscription period is month-to-month unless earlier terminated as provided in these Terms.
Paid Accounts are subject to fees based upon the account type you've selected. For renewals, Colatform will automatically charge your credit card the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through 3rd-parties, you agree that Colatform will have no liability to you arising out of the acts or omissions of such 3rd-parties.
BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW COLATFORM TO CHARGE YOUR CREDIT CARD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
Paid Accounts will automatically renew for the same Subscription Period unless you cancel the account by the end of the then-current Subscription Period. You can cancel your account at any time by yourself from the customer panel or by contacting customer service at [email protected]. Cancellation will be effective immediately. Please note that after you cancel your account, you will not be able to use or access the Services and you will not be entitled to a refund of any fees that you've paid.
Our Materials, Services, and Website may contain our brand, service marks, or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Materials, Services, and Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. The copying, redistribution, use, or publication by you of any portion of our Materials, Services, and Website is strictly prohibited. Your use of our Materials, Services, and Website does not grant you ownership rights of any kind in our Materials, Services, and Website.
When you create and launch a Workspace using the Colatform Service: Content and conduct rules and obligations. It applies to all subdomains of Colatform.com and Workspaces with a Custom domain.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials you post on a Workspace via the Service ("Content") are the sole property of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Colatform Service. We do not control the Content you post via the Colatform Service. You are also responsible for creating and downloading back-up copies of your Content.
By using the Workspace that was created and launched through the Colatform Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we be liable for your Content or the content of any 3rd-party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Colatform Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move, or delete any Content that is available publicly via the Colatform Service. We shall also have the right to remove any public or semi-public Content that violates these Terms or is otherwise objectionable at our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Colatform Service, including Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
You will not:
A. upload, post, transmit, or otherwise make available any Content that:
i. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, e-mail, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
ii. you do not have a right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
iii. infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
iv. is unsolicited commercial e-mail or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending a mass e-mail to recipients who haven't requested e-mail from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
v. contains software viruses, worms, Trojan horses, or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any Colatform user to access the Service;
vi. is intended to take advantage of a user such as "get rich quick," "get paid to surf," pyramid/multi-level marketing, or other dubious schemes; or
vii. is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
B. harm minors in any way;
C. "stalk," “bully,” or otherwise harass another;
D. impersonate any person or entity, including, but not limited to, a Colatform employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
E. forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
F. interfere with or disrupt the Colatform Service or servers or networks connected to the Colatform Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Colatform Service;
G. intentionally or unintentionally violates any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Colatform Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
H. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
I. use the Colatform Service as a forwarding service to another website or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
J. solicit a 3rd-party’s passwords or personal identifying information for unlawful or phishing purposes;
K. exceed the scope of the Colatform Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
L. include more than 4 ad units per page, or any advertising that greatly reduces the usability of the Site;
M. upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Colatform Service (i.e., created with the Colatform WCM);
N. use, under any circumstance, any open-source software subject to the GNU Affero General Public License v.3, or greater, if you need;
O. Abuse our customer support e-mail, chat, or telephone services or agents; or
P. Take any other action while using the Service that is detrimental to the Service or Colatform’s reputation, as determined by Colatform in its sole discretion.
We retain the right to terminate any account or user who has violated any of the above prohibitions.
By using our Website or Services, you consent to receive electronic communications from us. These electronic communications may include notices about applicable charges, transactional information, and other information concerning or related to this Website or Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
LINKS TO OTHER WEBSITES
Our Website or Services may contain links to 3rd-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such 3rd-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such 3rd-party websites. Colatform has no control over the legal documents and privacy practices of 3rd-party websites; as such, you access any such 3rd-party websites at your own risk.
Certain areas of this Website are public-facing and allow you to interact with others (e.g., the Colatform comment module, community blog, and the idea portal) (together, “Forums”). These Forums may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a "Submission"). We love hearing from our users! It's incredibly helpful and helps us to make a better Colatform for all. If you choose to submit ideas, comments, or feedback, either directly to us or via a Forum, you agree that we can use them without any restrictions or compensation to you.
You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. If you use Forums, you also understand that anyone could see your Submissions. Colatform does not endorse, nor are we required to pre-screen your Submissions (although we might), and, like elsewhere on the Internet, Submissions from other people could offend you. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted.
By submitting any Submission, you are promising us that you own all rights in your Submission, your Submission does not infringe on the rights of others, your Submission does not violate the law, and your Submission is not in poor taste.
You grant to us an irrevocable royalty-free license to copy, modify, publish and display your Submission, and to make, use and sell (and permit others to use) your Submission for any purpose (including, without limitation, to use your Submission in our Platform).
To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website, Services, and Materials. This is because as between you and us, all rights in this Website remain our property.
Unauthorized use of this Website may result in a violation of various copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use this Website and its Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Colatform, its parents, subsidiaries, affiliates, officers, agents, employees, resellers, or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by Colatform and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a 3rd-party, your User Content, your use of the Colatform Properties, your violation of these terms, or your violation of any law.
INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property rights of others and encourage you to do the same. Accordingly, we have a policy of removing Submissions that violate the intellectual property rights of others, suspending access to this Website (or any portion thereof) to any user who uses this Website in violation of someone’s intellectual property rights, and/or terminate in appropriate circumstances the account of any user who uses the Website in violation of someone’s intellectual property rights.
If you believe your copyright or other intellectual property right is being infringed by a user of this Website, please provide written notice to our Agent for notice of claims of infringement at [email protected].
To be sure the matter is handled immediately, your written notice must:
Unless the notice pertains to copyright or other intellectual property infringement, we will be unable to address the listed concern.
We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is according to a validly received take-down notice. In response, you may provide us with a written counter-notification that includes the following information:
We reserve the right, in our sole discretion, to terminate the account or access of any user of this Website who is the subject of repeated infringement notifications.
THIS WEBSITE AND ITS SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE AND ITS SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THIS WEBSITE AND ITS SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that this Website and its Services will meet your requirements or that this Website and its Services will be uninterrupted, timely, secure, or error-free or that defects in this Website and its Services will be corrected. We make no warranty as to the results that may be obtained from the use of this Website and its Services or as to the accuracy or reliability of any information obtained through this Website and its Services. No advice or information, whether oral or written, obtained by you through this Website and its Services or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
COLATFORM WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SERVICES, OR WEBSITE OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE WEBSITE. IN NO EVENT WILL COLATFORM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
COLATFORM’S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE WEBSITE, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO COLATFORM IN CONNECTION WITH THESE TERMS IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an e-mail to the address you gave us. The latest copies of our Terms will be posted on our Website, and you should review all Terms before using our Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. Colatform reserves the right to change any and all features of our Website, at any time without notice.
The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at [email protected].