Welcome to Correlate (“Correlate”, “the Company”, “we”, “us”, “our”). This document referred to as the Terms of Service (“Terms”, “Agreement”), outlines the guidelines and conditions for your interaction with and usage of Correlate’s website at https://correlate.com/, including any subdomains or affiliated websites (together, the “Website”). It also governs your use of all the services we offer, including Correlate, a Workspace collaboration platform featuring document-centric collaboration, project-centric collaboration, and real-time collaboration, along with integration capabilities with any other software or other collaboration tools (hereinafter collectively referred to as ‘Services’).
By using our services, or continuing to use our Services, or by selecting “I Agree,” clicking “Submit”, or similar buttons indicating electronic acceptance, or by accessing or using any part of the Services, you acknowledge that you have read, understood, and agreed to adhere to these Terms. This includes consenting to the collection and use of your information as outlined in our Privacy Policy, which explains how we collect, use, and share your personal information, the Privacy Policy is accessible at https://correlate.com/privacy-policy/. Occasionally, we may update or expand upon the description of our Services, providing additional details through resources available on our Website and update our Terms of Service accordingly. By continuing to use our Services, you acknowledge that you have read, understood, and agreed to adhere to the updated Terms of Service.
If you are accessing or using our Website or Services on behalf of a corporation, organization, or any other entity (be it a single entity or multiple entities), you are confirming that you have the necessary authority to bind such entity or entities to these Terms, making them legally binding for both the entity and its affiliates. In this context, references to “you” and “your” in these Terms apply to both you as an individual and the entity you represent. If you lack such authority, or if you disagree with any part of these Terms, you should refrain from accessing or using the Website or Services. We recommend that you read these Terms carefully and retain a copy for your records.
It is important to note that these Terms include a binding individual arbitration clause and a waiver for class action and jury trials. This clause mandates that any disputes arising under these Terms will be resolved through individual arbitration, rather than through jury trials or class actions.
Licensing Terms
Under the condition of your adherence to these Terms, Correlate extends to you a limited, revocable, and non-exclusive license. This license does not permit sublicensing or transfer and is granted solely for your personal or internal business usage of the Service, strictly conforming to these Terms. Any utilization of the Service outside the scope granted by this license requires explicit prior written consent from Correlate. This Agreement provides specified rights and licenses and does not transfer or sell any software contained within the Service.
Account Management and Security
By creating an account with Correlate, you gain access to our Service and its various features, which we may update or modify at our discretion. It is prohibited to access or use someone else’s account without explicit permission. You bear full responsibility and liability for all activities conducted through your account, which includes actions taken by individuals associated with your account, such as employees, contractors, or service providers, as well as any other person who may access or use the Service via your account. You are required to provide truthful and complete information during account creation and maintain the confidentiality of your account credentials. We recommend the use of robust passwords, incorporating a mix of various characters, for enhanced security. Immediate notification to Correlate is required in the event of any security breach or unauthorized account usage. Correlate disclaims liability for any loss or damage resulting from unauthorized account use.
Communication Preferences
By providing us with your email address, you consent to receive Service-related communications electronically, including legally required notices, rather than through postal mail. We may also use your email to send other messages, including information about changes to the Service or special promotions. Should you prefer not to receive certain types of email messages, you have the option to unsubscribe or adjust your user preferences in your account settings. Please note that opting out of these communications may prevent you from receiving important updates or offers regarding the Service.
General Conditions for Mobile Applications
As part of our Service, Correlate offers software specifically designed for use on mobile devices (“Mobile Applications”). To effectively use these Mobile Applications, your mobile device should be compatible with them. Correlate cannot guarantee compatibility with all devices and is not responsible for any compatibility issues. Usage of Mobile Applications might require mobile data, potentially incurring additional charges from your mobile service provider. You are responsible for any such charges.
Licensing of Mobile Applications
Upon your agreement to these Terms, Correlate grants you a non-exclusive, revocable, and non-transferable license to use the Mobile Applications linked to your account. This license is intended for personal use or internal business operations in compliance with these Terms. You are not permitted to modify, reverse engineer, redistribute, or create derivative works from the Mobile Applications, except as permitted by mandatory provisions of EU law. Unauthorized removal of copyright or proprietary notices from the Mobile Applications is prohibited.
Correlate may periodically update or upgrade the Mobile Applications, and these updates may be applied automatically to your version. By accepting these Terms, you consent to such automatic updates or upgrades. Any incorporated third-party code within the Mobile Applications is governed by the relevant third-party end-user license agreements (EULAs).
This license does not constitute a sale of the Mobile Applications. Correlate retains all rights, titles, and interests in the Mobile Applications. Any transfer of rights or obligations under this license, not explicitly approved by Correlate, is void.
Compliance with EU Regulations
The Mobile Applications are subject to the regulatory framework of the European Union, including but not limited to GDPR and relevant digital services legislation. You agree to use the Mobile Applications in compliance with all applicable EU regulations and laws.
User Content Rights
You retain ownership of all types of materials and content, including text, images, data, video, audiovisual content, and other creative works or communications you submit or upload through the Service (“User Content”). By using our Service, you grant Correlate a sublicensable, transferable, royalty-free, and global license to use your User Content. This license allows us to copy, store, display, modify, and create derivative works from your User Content for purposes of: (a) Providing and enhancing the Service for you; (b) Utilizing aggregated and anonymized data to improve our products and services; (c) Sharing or providing access to your User Content to third parties at your request; and (d) Any other purposes authorized by you in connection with your use of the Service.
This license is subject to limitations as detailed in our Privacy Policy, particularly concerning any specific data protections.
Correlate’s Proprietary Rights
As between you and Correlate, we exclusively own all rights, titles, and interests in the Service. This includes all intellectual property such as patents, copyrights, trademarks, service marks, trade secrets, and any other proprietary rights contained within the Service and its documentation. The underlying technology of the Service is protected under various intellectual property laws. Any rights not explicitly granted to you in these Terms are reserved by Correlate.
User Ideas and Feedback
We welcome and may request your feedback or ideas about the Service, including suggestions for improvements. When you submit any idea or feedback (“Ideas”), you acknowledge that your contribution is voluntary, unsolicited, and without restriction. Such submissions will not place Correlate under any fiduciary duty. Correlate is free to use these Ideas without compensation to you and may disclose them on a non-confidential basis. You acknowledge that Correlate may have previously developed or may independently develop ideas similar to yours.
Use of Correlate Marks
Correlate may make available certain logos or marks (“Marks”) for users to identify Correlate as a service provider. To use these Marks, you must agree to our terms and conditions regarding their use. We reserve the right to limit or revoke your use of these Marks at any time. Unauthorized use of Correlate’s Marks, or any use that could cause confusion about the origin of your or our products or services, is prohibited. You may publicly identify us as your service provider, and we may identify you as a user of our Service in our marketing materials, provided such representations are truthful and not misleading.
In using our Service, you commit to the following usage restrictions and agree not to engage in, nor assist others in, any prohibited conduct:
a) Misrepresentation of Affiliation: You shall not represent or imply any form of endorsement, partnership, or affiliation with Correlate unless explicitly allowed under these Terms; b) Prohibition on Unauthorized Use and Modification: You are not permitted to copy, rent, lease, sell, transfer, sublicense, decompile, reverse-engineer, or otherwise modify any part of the Service, nor create derivative works therefrom; c) Maintaining System Stability: You must not use the Service in any way that adversely affects our servers’ stability, the overall performance of the Service, or the functioning of other applications interacting with the Service; d) Disparagement and Intellectual Property Infringement: Avoid using Correlate’s name or any part of the Service in a context that disparages us or infringes upon our intellectual property or other rights; e) Compliance with Laws and Regulations: Your use of the Service should not violate any applicable laws, regulations, or rights of others, including intellectual property, privacy, and personality rights. Activities harmful to Correlate, its affiliates, service users, or any third parties are strictly prohibited; f) Misrepresentation of Correlate’s Views: Do not use the Service in a way that could be interpreted as representing the views or positions of Correlate; g) Non-Competitive Usage: The Service should not be used for any form of competitive analysis or to develop competing services and products, or in any way that could harm Correlate’s business interests. h) Prohibited Activities and Content: Using the Service to engage in or promote illegal activities, including but not limited to spyware, adware, counterfeit goods, items under embargo, unsolicited emails, hate materials, and illegal surveillance tools, is strictly forbidden; i) Interference with Service Integrity: Attempts to compromise the integrity or security of our Service, or to decipher any transmissions to or from our servers, are not allowed; j) Distribution of Harmful Software: Do not transmit harmful software agents such as viruses or worms via the Service; k) Account Security and Identity: You must maintain the security of your Service account, not share your credentials, avoid impersonation, fraudulent activities, or any attempts to conceal your identity; and l) Circumvention of Access Restrictions: Do not attempt to bypass any measures we implement to restrict access to the Service, including those designed to prevent unauthorized copying or usage.
Evolution of Service Features
Correlate maintains the flexibility to modify, update, or adjust the Service, including the lifetime free offer, at any time according to our sole discretion. These alterations may be implemented without prior notice to you.
Continuity and Availability
There is no binding obligation on Correlate to perpetually update, correct, maintain, or continue any particular aspect of the Service. This provision explicitly includes the lifetime free offer, which is subject to change, reduction, or discontinuation at Correlate’s discretion.
User Engagement with Service Updates
Should there be any updates, modifications, or retraction of the Service or aspects of the lifetime free offer, you may be required to undertake specific actions to continue using the updated or modified Service. This could entail actions such as activating new features through your Correlate account or agreeing to revised terms and conditions.
Content Restrictions
As a user of our Service, you are obligated to ensure that any content you contribute (“User Content”) does not:
Risk of Harm: Engender any form of harm, injury, emotional distress, or adverse health effects to yourself or others; Potential for Damage: Lead to any form of loss or damage to individuals or property; Illegal Activities: Contribute to or constitute criminal acts or civil liabilities; Offensive Content: Comprise materials we find to be illegal, harmful, abusive, racially or ethnically offensive, defamatory, violating personal privacy or publicity rights, harassing, demeaning, libelous, threatening, vulgar, obscene, or otherwise unacceptable; Unauthorized Information: Include content that is against the law or which you lack the right to disseminate due to legal, contractual, or fiduciary reasons; Inaccurate or Misleading Information: Consist of details or content that is known to be incorrect, outdated, or misleading.
Furthermore, your User Content must respect third-party rights, including privacy, patents, copyrights, trademarks, trade secrets, and any other form of intellectual property rights.
User Liability for Content
Correlate does not accept responsibility or liability for User Content provided, posted, transmitted, or made available by you or others through the Service. You are solely accountable for your User Content and the ramifications of its posting, publishing, or sharing. You acknowledge the possibility of encountering User Content that could be inaccurate, offensive, or unsuitable, and agree that Correlate is not liable for any damages or grievances arising from such content.
Legal Age and Contractual Capacity
You affirm that you possess the legal capacity required to enter into binding agreements as per the applicable jurisdiction’s requirements.
Legal Compliance of User Content
You guarantee that your User Content and your interactions with the Service adhere to all relevant laws and regulations, notably those related to privacy and data protection.
Rights and Permissions for User Content
You declare that you hold or have obtained all necessary rights, licenses, and consents, and have provided all requisite notices necessary for the use, provision, and dissemination of User Content and any other content in connection with the Service.
Required Notices and Consents
You commit to providing all necessary notices and obtaining all consents related to your use of the Service, particularly those enabling Correlate to utilize User Content as stipulated in these Terms.
Consent for Personal Information Use
You assert that you have obtained written consent from every identifiable individual whose personal information is included in your User Content, allowing the use of their names, likenesses, and information as envisaged by the Service and these Terms. You also confirm that each such individual has absolved both you and Correlate from any potential liabilities arising from this usage.
Third-Party Content Consents
You take full responsibility for securing all required legal consents for posting User Content that involves third parties, and for settling any associated rights, licensing fees, and other expenses.
Non-Infringement of Third-Party Rights
You ensure that your User Content, along with its use or distribution by Correlate as contemplated by these Terms, will not contravene any laws or infringe upon the rights of any third party, including but not limited to intellectual property and privacy rights.
Absence of Third-Party Obligations
You acknowledge that Correlate can exercise the rights granted to your User Content under these Terms without incurring any obligations for third-party fees, residuals, or royalties.
Accuracy of Information
You attest to the best of your knowledge that your User Content and all information you provide to Correlate are truthful and accurate.
a) Subscription Plans
Correlate may provide various subscription plans (“Subscription Plans”) allowing access to specific aspects of the Service. Each plan may have allotted usage limits, and exceeding these limits could result in additional charges as detailed in the respective plan.
b) Billing and Pricing
Subscription Plans may involve fees or charges for a predefined period (e.g., monthly, annually). By opting for a paid Subscription Plan, you agree to our pricing and payment terms, as detailed on https://correlate.com/our-pricing/ and as updated periodically. Correlate reserves the right to modify these plans, including introducing new services for additional fees and altering existing fees, at our discretion. Changes in pricing or payment terms will be effective in the billing cycle following the notification of such changes.
c) Automatic Renewal
Subscription Plans are subject to automatic renewal until you cancel them. To avoid renewal, cancellation must occur before the end of the current Subscription Period.
d) Data Retention and Liability
Correlate reserves the right to delete any User Content upon or after the expiration of your chosen Subscription Plan. To avoid data loss, it is strongly recommended that you download or copy your content before the termination of the relevant Subscription Period. Furthermore, Correlate will not be held responsible or liable for any loss, deletion, or damage of data resulting from the expiration of a Subscription Plan or the discontinuation of services. Users are encouraged to maintain their own backups of critical data to prevent any potential data loss.
Please note that Correlate takes all reasonable measures to safeguard User Content but must limit its liability in instances of data loss or damage. This limitation applies irrespective of the cause, encompassing scenarios such as technical disruptions, operational changes, or service discontinuation.
Users are advised to maintain independent backups for critical data, providing an additional layer of security and ensuring continuous access to their essential information.
e) Refunds
In cases where Correlate terminates your Subscription Plan, a prorated refund for the unused portion of your Subscription Period will be provided. However, cancellations initiated by you do not qualify for refunds.
f) Payment and Tax Obligations
When engaging in any purchase or subscription-related transactions with the Service, you must provide accurate and current payment information. You are responsible for all charges incurred through your payment methods at the prevailing rates. Additionally, any applicable taxes related to these transactions will be your responsibility.
g) Terms of the Lifetime Free Offer
The Lifetime Free Offer provided by Correlate is a promotional plan and is subject to these Terms. Correlate reserves the full right to amend, modify, withdraw, or otherwise change the terms and conditions of this offer at any time, at its sole discretion, and for any reason, including unforeseen circumstances. Such changes may include, but are not limited to, adjustments in the features offered, limitations on use, or complete cancellation of the free plan. These changes can occur without prior notice to users and will take effect immediately or as specified by Correlate. By using the Lifetime Free Offer, you acknowledge and agree to these terms and the possibility of changes or discontinuation of the offer.
h) Fair Usage Policy
The AI prompts feature of our Service adheres to the following usage guidelines:
Daily Limit for Free Prompts: Each user is entitled to ten (10) free AI prompts per day, totaling a maximum of 300 to 310 free prompts per month, depending on the number of days in the month.
Purchasable Additional Prompts: Users have the option to purchase additional AI prompts, up to a maximum of 3000 prompts per month, subject to additional charges as detailed on https://correlate.com/our-pricing/.
Monitoring and Management of Usage Limits
Exceeding Monthly Cap: If a user’s usage of the purchased additional prompts exceeds the limit of 3000 in a given month, Correlate reserves the right to restrict access to further prompts until the start of the next billing cycle.
Investigation of Usage: Correlate also reserves the right to monitor and investigate usage patterns to ensure compliance with our Fair Usage Policy. This is particularly relevant in cases where there is a frequent or consistent approach towards the 3000 prompts monthly cap, to ascertain if there is any misuse or abuse of the service.
This Fair Usage Policy is implemented to ensure equitable access for all users and maintain optimal service performance. Correlate is committed to fair and responsible usage of its AI prompts feature.
“AS IS” PROVISION
CORRELATE PROVIDES ITS WEBSITE, TOOLS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY FORM OF WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS MEANS THAT WE DO NOT GUARANTEE THE SITE’S, TOOLS’, OR SERVICE’S PERFORMANCE OR QUALITY.
EXTENT OF DISCLAIMERS
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CORRELATE, ALONG WITH OUR AFFILIATES, SERVICE PROVIDERS, AND AGENTS, DISCLAIMS ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, RELATED TO THE WEBSITE, TOOLS, AND SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, DISCLAIMERS OF IMPLIED WARRANTIES OF MERCHANTABILITY, THE ACCURACY OF THE INFORMATION, THE USEFULNESS OF RESULTS, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, TITLE, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE OR SERVICES, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
NO GUARANTEE OF UNINTERRUPTED SERVICE
FURTHERMORE, CORRELATE DOES NOT WARRANT THAT YOUR ACCESS TO OR USE OF THE WEBSITE, TOOLS, OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES.
SCOPE OF LIABILITY
NOTWITHSTANDING THE POTENTIAL FAILURE OF ANY REMEDY PROVIDED IN THESE TERMS, AND TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, CORRELATE, ALONG WITH ITS AFFILIATES, SERVICE PROVIDERS, AND AGENTS, SHALL NOT BE LIABLE FOR ANY FORM OF DAMAGES UNDER ANY LEGAL THEORY INCLUDING TORT, CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. THIS LIMITATION APPLIES TO:
A) DIRECT DAMAGES: ANY DIRECT HARM OR DAMAGES INCURRED BY YOU; B) ECONOMIC LOSSES: LOSS OF REVENUE, PROFITS, REPUTATION, OR GOODWILL; C) DATA AND SYSTEM FAILURES: LOSS OR CORRUPTION OF DATA, FAILURES OF THE WEBSITE OR APPLICATIONS, OR ANY COMPUTER MALFUNCTIONS; D) BUSINESS INTERRUPTIONS: ANY DISRUPTIONS OR INTERRUPTIONS TO BUSINESS OPERATIONS; E) SERVICE AVAILABILITY: UNAVAILABILITY OR INACCESSIBILITY OF THE WEBSITE, TOOLS, OR SERVICE; F) SECURITY BREACHES: ANY BREACHES IN DATA, SYSTEM, OR SERVICE SECURITY; G) SYSTEM ERRORS: ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR ISSUES IN THE SITE, TOOLS, OR SERVICE, WHETHER THEY CAUSE DIRECT OR INDIRECT DAMAGE; H) INDIRECT DAMAGES: ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF FOREKNOWLEDGE OF SUCH DAMAGES.
REMEDIES AND CLAIM PERIOD
THE SOLE LIABILITY OF CORRELATE AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE, AT CORRELATE’S DISCRETION, EITHER THE REPLACEMENT OF THE SERVICE OR A REFUND OF ANY AMOUNTS PAID FOR THE TOOLS OR SERVICE. ANY CLAIMS OR LEGAL ACTIONS RELATED TO THESE TERMS MUST BE INITIATED WITHIN SIXTY (60) DAYS FROM THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO SUCH CLAIM.
CAP ON LIABILITY
NOTWITHSTANDING THE AFOREMENTIONED, THE TOTAL LIABILITY OF CORRELATE AND ITS AFFILIATES, SERVICE PROVIDERS, AND AGENTS FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WILL NOT EXCEED THE SUM OF ONE HUNDRED UNITED STATES DOLLARS ($100.00).
DISCLAIMERS
ADDITIONALLY, CORRELATE DISCLAIMS ALL LIABILITY FOR ANY ACTIONS OR OMISSIONS OF ITS AFFILIATES, SERVICE PROVIDERS, OR AGENTS.
Effective Term
These Terms are effective for the entirety of any active Subscription Period you engage in with Correlate, unless terminated earlier according to the conditions outlined in this section.
Termination Rights of Correlate
Correlate reserves the right to terminate these Terms or any Subscription Plan at any time, with proper written notice to you. This termination can be initiated by Correlate for any reason, or even without a specific reason.
Consequences of Termination
Upon the cancellation, expiry of the Subscription Plan, or termination of these Terms, all licenses granted under these Terms will be revoked. Immediately following such termination, you are required to: (1) Eliminate all instances of the Service and Mobile Applications from your websites, applications, computers, hard drives, networks, and other storage mediums; (2) Cease all use of the Service; (3) Confirm to Correlate, preferably in writing, that the above steps have been completed. Correlate retains the right to inspect and audit your facilities and digital properties to verify compliance with these termination procedures.
Survival of Terms
Notwithstanding the termination of these Terms, certain sections, specifically Sections 2 through 22, will remain in effect post-termination. These sections will survive and continue to be enforceable, governing post-termination rights and obligations.
Definition of Confidential Information
“Confidential Information” encompasses the Service and all data disclosed to you by Correlate, which is either designated as confidential or should be reasonably considered confidential, except for data that: (1) Was already known to you without confidentiality restriction; (2) Becomes publicly known through no fault of yours; (3) Is received rightfully from a third party without confidentiality obligations; (4) Is independently developed by you without using Correlate’s Confidential Information.
Protection and Use of Confidential Information
You are obliged to exert all reasonable efforts to maintain the confidentiality of the Confidential Information during and for a minimum of 3 years following the termination of these Terms. Any source code provided must be kept confidential indefinitely, except as explicitly permitted by Correlate, such as for compliance with open-source licenses.
You are permitted to disclose Confidential Information solely to your employees and agents who require this information and have agreed to confidentiality terms. Such information should only be used to exercise your rights and fulfill obligations under these Terms, with appropriate care taken to safeguard it. Expressly, you are prohibited from sharing, disseminating, or communicating any source code received from Correlate without our prior written consent.
Notification and Cooperation
Should you become aware of any unauthorized use or disclosure of Confidential Information or any breach of these Terms, you must promptly notify Correlate in writing. You are expected to cooperate fully with Correlate to retrieve the Confidential Information and prevent further unauthorized use.
If legally required to disclose Confidential Information, you must first inform Correlate, allowing us to seek to prevent such disclosure. You should also assert the confidential nature of the information and assist in securing a protective order or other legal remedy to limit the disclosure.
Injunctive Relief
Acknowledging that the unauthorized distribution of Confidential Information could cause irreparable harm to Correlate, for which monetary damages would be insufficient, Correlate shall be entitled to seek injunctive relief against any actual or anticipated breaches of this confidentiality clause by you.
Applicability of EU Export Controls
The Service, including all related software and technology, may be subject to export control laws and regulations of the European Union and other jurisdictions (“Export Controls”). By using the Service, you acknowledge and agree that:
Compliance with Export Controls: You will not use, export, re-export, or import the Service (or any part thereof) in violation of Export Controls. This includes ensuring that the Service is not used in or transferred to any individual, entity, organization, or jurisdiction that would breach these controls.
Sanctions and Prohibited Users: You confirm that you are not: (1) Based in, operating from, or a resident of any country or territory subject to comprehensive EU economic or trade sanctions;
Listed on any EU or international sanctions lists, such as those maintained by the EU or UN, (2) which prohibit or restrict dealings with certain individuals, entities, or nations; (3) Otherwise a target of EU sanctions.
Responsibility for Compliance: You bear sole responsibility for adhering to applicable Export Controls and sanctions, which may impose further limitations, prohibitions, or obligations on the use, export, re-export, or import of the Service and any associated data.
Regulations on Customer Data: You ensure that any data you use in conjunction with the Service (“Customer Data”) is not controlled under regulations like the EU Dual-Use Regulation or similar laws in other jurisdictions, and does not require special permissions or licenses for its use, export, or re-export.
Legal Responsibility
By using the Service, you affirm that you are in compliance with these regulations and accept full legal responsibility for any non-compliance. This includes understanding and adhering to any additional restrictions or requirements that may be imposed on the Service due to Export Controls and sanctions.
Revision Rights
Correlate retains the authority to alter or update these Terms of Service at any point. Whenever revisions are made, the ‘last modified’ date atop this document will be updated accordingly.
Review and Notification
We encourage you to regularly visit our website to review the current Terms and be aware of any updates. In the event of substantial changes to these Terms, Correlate will endeavor to inform you through reasonable means.
Acceptance of Revised Terms
Your continued usage of our Service following the implementation of changes implies your acceptance and agreement to those changes. IF AT ANY POINT YOU DECIDE NOT TO ACCEPT THE REVISED TERMS, YOU SHOULD DISCONTINUE THE USE OF CORRELATE’S SERVICES, TOOLS, AND WEBSITE IMMEDIATELY, EFFECTIVELY TERMINATING YOUR AGREEMENT TO THESE TERMS.
Sending Notices to Correlate
Should you need to send any formal communication or legal notices to Correlate, they should be directed to Correlate, Inc. via email to support@correlate.com, or by postal mail to our current business address, which can be found on our website at https://correlate.com.
Notices to Users
For communicating notices to you, Correlate will utilize the contact information you have provided, which may include your email address, mailing address, or other contact details registered with us. It is your responsibility to ensure that the contact information in your account remains current and accurate.
Commitment to Respecting Copyright
Correlate respects the intellectual property rights of artists and content creators worldwide and adheres to copyright laws across various jurisdictions, including but not limited to the EU and the US. We are committed to responding appropriately to notices of alleged copyright infringement.
Reporting Copyright Infringement
If you believe your copyrighted work has been copied in a manner that constitutes infringement and is accessible via our Service, please inform us with the following details:
Authorized Signature: The signature (physical or electronic) of a person authorized to act on behalf of the copyright owner.
Identification of the Copyrighted Work: A detailed description of the copyrighted work you claim has been infringed.
Location of the Alleged Infringement: A precise description of where the allegedly infringing material is located on our Service.
Your Contact Information: Your full name, address, telephone number, and email address.
Good Faith Belief Statement: A statement indicating your belief that the disputed use of the material is not authorized by the copyright owner, its agent, or by law.
Accuracy Statement: A statement, made under penalty of perjury, that the provided information is accurate and that you are the copyright owner or are authorized to act on their behalf.
Please send this information to Correlate’s designated agent below:
Attn:
Copyright Infringement Notice
Correlate AG
Address:
Correlate AS
Postboks 4121 Sjølyst
0217 OSLO
Norway
Email: support@correlate.com
Legal Consequences of Misrepresentation
Be aware that under various national and international laws, knowingly submitting false claims of copyright infringement can lead to serious legal consequences. These may include criminal prosecution for perjury and civil penalties such as monetary damages, court costs, and attorneys’ fees, especially under applicable laws.
Purpose of Procedure
This notification procedure is exclusively for informing Correlate and its affiliates about instances where your copyrighted material has been infringed. While these requirements align with our obligations under laws like the DMCA, they do not constitute legal advice. We recommend consulting with an attorney to understand your rights and obligations under applicable copyright laws.
Policy on Repeat Infringement
Consistent with global legal standards, Correlate enforces a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. Furthermore, Correlate reserves the right to limit access to the Service or terminate the accounts of users who infringe on the intellectual property rights of others, regardless of whether it’s a case of repeat infringement.
Consent to Data Practices
By utilizing Correlate’s Service, you consent to the collection, utilization, and sharing of your personal information and other User Content as detailed in our Privacy Policy, which is an integral part of these Terms.
International Data Transfer and Processing
You understand and agree that your personal data may be collected, processed, transferred to, and maintained in regions outside your jurisdiction, including the United States or other countries, depending on your location and the nature of the Service provided.
Security and Risk Acknowledgement
While Correlate commits to maintaining robust security measures, we cannot assure absolute protection against unauthorized third-party access or misuse of your personal data. You acknowledge that providing your personal information is at your own risk. The definition and treatment of ‘personal information’ are as described in our Privacy Policy.
Data Processing in the European Economic Area (EEA)
When we process the personal data of customers located within the European Economic Area (EEA) or if you are established in the EEA, our role is solely that of a data processor. Both parties consent to adhere to the data processing terms and conditions as required by applicable data protection laws and regulations. For the purposes of this agreement, ‘Customer Personal Data’ shall refer to any personal data processed in accordance with these terms.
Presence of External Links
Our Service may include links to websites or services operated by third parties, which are neither owned nor controlled by Correlate. These links are provided for your convenience and informational purposes only.
No Endorsement or Liability
Correlate does not endorse, nor do we assume any responsibility or liability for, the content, practices, or services of these third-party sites. Any engagement with these third-party services is solely at your discretion and risk.
Independence from Third-Party Policies
When you access a third-party service or website through our Service, be aware that Correlate’s Terms and Privacy Policy do not govern your use of such external sites. The terms, conditions, and privacy policies of those third-party services will apply.
Release of Liability
You hereby absolve Correlate of any liability arising from your use of any third-party websites or services. This release extends to any and all claims, damages, losses, liabilities, and expenses that may arise from such use.
Third-Party Integrations and Data Sharing
For detailed information on how we handle data sharing with third-party services, refer to our Privacy Policy.
Governing Law
You agree that the Service is deemed to be based solely in Norway and is considered a passive one that does not enable personal jurisdiction over Correlate in any jurisdictions outside of Norway. These Terms shall be governed by and construed in accordance with the internal substantive laws of Norway, without giving effect to any principles of conflicts of law. The agreement is recognized as a transaction within interstate or international commerce. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You also agree to submit to the personal jurisdiction of the competent courts located in Norway for any actions for which Correlate retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights. This submission also applies to any appeals of an arbitration award or to court proceedings if the arbitration provision is found to be unenforceable.
Mandatory Arbitration of Disputes
PLEASE READ THIS SECTION CAREFULLY AS IT REQUIRES THE PARTIES TO RESOLVE DISPUTES THROUGH ARBITRATION AND LIMITS THE WAYS IN WHICH YOU CAN SEEK RELIEF FROM CORRELATE. In the event of any dispute with Correlate, you agree to first contact us at support@correlate.com, or by mail to our current address listed on our website, and attempt to resolve the dispute informally. If Correlate has not been able to resolve a dispute with you after sixty (60) days, both parties agree to settle any claims, disputes, or controversies arising out of or relating to these Terms, or the breach or alleged breach thereof (collectively referred to as “Claims”), by binding arbitration. This excludes any claims for injunctive or other equitable relief.
Arbitration Rules and Procedure
The arbitration shall be conducted in accordance with the UNCITRAL Arbitration Rules as at present in force. The seat of the arbitration shall be the Oslo Chamber of Commerce, Norway unless mutually agreed otherwise. The arbitration proceedings shall be conducted in English or Norwegian.
Costs of Arbitration
Each party will be responsible for paying any fees in accordance with the ICC rules. The arbitrator’s award shall include the costs of arbitration, reasonable attorney’s fees, and reasonable costs for experts and other witnesses.
Judicial Relief and Enforcement
The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the above, Correlate retains the right to seek injunctive or other equitable relief from a court to prevent or halt the infringement, misappropriation, or violation of our intellectual property rights, data security, confidentiality, or other proprietary rights.
Individual Claims Only
This agreement stipulates that all claims between you and Correlate, irrespective of whether the Service is used for personal, commercial, or other purposes, must be brought on an individual basis. This means that neither you nor Correlate shall seek to have any dispute heard as a class action, collective action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.
Waiver of Class Arbitration and Jury Trial
By agreeing to these Terms, both you and Correlate mutually waive the right to participate in or conduct a class-wide arbitration against the other. Additionally, you and Correlate each waive the right to a trial by jury for any dispute or claim arising out of or in connection with these Terms, or your use of the Service. Unless expressly agreed to by both parties, an arbitrator may not consolidate more than one individual’s claims.
Legal Effectiveness
This waiver shall apply to any and all claims and disputes that may arise out of or relate to these Terms or the Service, and it is intended to be as broad as legally permissible. By entering into these Terms, you acknowledge and agree that you are willingly and knowingly waiving the right to participate in any form of class or representative action or proceeding, and the right to a jury trial, to the fullest extent allowed by law.
Entire Agreement
These Terms represent the complete and exclusive understanding between you and Correlate regarding the Service and supersede all prior agreements, whether written or oral, relating to this subject matter.
Severability and Reform
If any part of these Terms is found to be unenforceable for any reason, that provision will be amended to the minimum extent necessary to make it enforceable, without affecting the remainder of the Terms, which will continue to be in full force and effect.
Interpretation and Headings
The term “including” in these Terms is to be interpreted as “including but not limited to,” with no limitations implied. The headings used in these Terms are intended for convenience only and will not influence the interpretation of the clauses.
Waiver
Any failure by Correlate to enforce a breach of these Terms does not waive our right to enforce any subsequent breach. Such a failure shall not be deemed a waiver of any subsequent breach or the right to enforce any other provision of these Terms.
Assignment and Transfer
These Terms are personal to you and may not be assigned or transferred for any reason (including, but not limited to, by operation of law, merger, reorganization, or as part of an acquisition or change of control) without the express prior written consent of Correlate. Any attempt to assign or transfer these Terms without such consent will be null and void.
Right to Assign
Correlate reserves the right to assign these Terms and delegate any of its obligations under these Terms at its sole discretion.
Correlate Platform Limited (“Correlate,” “we,” “us,” or “our”) owns and operates the website located at correlate.com (the “Site”).
Please read these Terms of Service carefully. These Terms of Service state the terms and conditions under which you may use our services which we make available to you through our Site (the “Services”).
1.1 By clicking “I ACCEPT”, or otherwise making use of our Services you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy. You represent and warrant that you are at least 18 years old. If you are under the age of 18, or do not accept these Terms of Service, you may not use our Services
Accepting our Terms of Service on behalf of a company
1.2 If you are accepting these Terms of Service as an employee or consultant, or otherwise on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service. If you do not have such authority, or if you do not agree to any of these terms, then you are not permitted to use the Services.
Changes to These Terms of Service
1.3 We may change the terms and conditions of these Terms of Service from time to time with or without notice to you. In any event, you will be required to affirmatively accept any revised Terms of Service prior to next logging-in to your account.
Our web site offers tools that facilitate the development and publishing of hyper casual games. We offer a number of service packages, each with their own terms. The details of your Subscription package will be provided to you on sign up.
Trial Subscriptions
2.1 Where you have signed up to use our free trial services (a Trial Subscriber), these terms apply to you and will continue to apply to you if you later enter into a development and publishing agreement with us. Whilst most functionality will be made available to you as a Trial Subscriber there will be certain limitations to your use of our Services.
2.2 As a Trial Subscriber, access to our Services is made available to you for 30 days without charge (the “Trial Period”). If you do not submit a game to our Services during the Trial Period, your access to our Services will automatically terminate at the end of the Trial Period.
You may cancel your Trial Subscription at any time during the Trial Period by emailing us at help@correlate.com and the cancellation will take effect within twenty-four (24) hours.
Submitting a Game to us during the Trial Period
2.3 If you submit a game to us during your Trial Period (a “Game”), after the Trial Period ends we will undertake our own assessment of the game, its features and functionality and carry out marketability testing (including running campaigns on our partner platforms (i.e. Facebook) to establish whether it meets our qualifying criteria for publishing.
A successful submission
2.4 In the event that such testing is successful, at our discretion, we will contact you to discuss commercial opportunities and entering into a potential development publishing agreement with you. This agreement shall continue to apply to your use of our Services during the term of any publishing agreement with us and your access to our Services shall be under a Publisher Subscription. The term “Subscription” as used in these terms of service shall include reference to either a “Trial Subscription” or “Publisher Subscription”.
What happens if we decide not to accept your Game to our platform
2.5 In the event that following the submission of a game to our Services, we decide not to enter into any further negotiations with you, we will return any content you have provided to us.
Our right to publish games and content similar to content you submit to our platform
2.6 In providing our Services, we review and assess a wide range of games and gaming content. The nature of hyper casual games and games generally means that there are often repeating and common themes, gameplay and functionality. Whilst we will always respect your intellectual property rights in any content you submit to our Services, you acknowledge and agree that other than in the case of direct copyright infringement of a substantial part of your Game (which is capable of qualifying as original content), our publishing of any independently developed Game (i.e. created without direct reference to your IPR) with gameplay or functionality which is identical, materially similar or similar to any Game you submit to our Services will not be deemed to be an infringement or breach of confidentiality.
We will, as part of your Subscription, whether a Trial Subscription or as a Publisher Subscription, provide You with our standard customer support services as detailed in your Subscription. We may amend our support services at its discretion from time to time.
Trial Subscription Support.
Support for Trial Subscription users is limited to e-mail/online support only. Access to all of our online resources and FAQs is provided to all users.
Publisher Subscription Support.
Full access to all of our online resources and FAQs is provided to all Publisher Subscription users. Publisher Subscription users also have access to telephone support. We reserve the right to charge for any support requests or assistance requested which are out of hours or outside the scope of our published support services.
Your responsibility to understand our Services and your use of them.
You acknowledge and agree that whilst our Services are designed for ease of use, it is Your responsibility to ensure that any individuals involved in accessing the Services are appropriately trained in the use of any applicable technology and understand and are familiar with the Services and any training materials or Documentation made available to you relating to them. You are solely responsible for ensuring that all users of the Services are appropriately trained in its use. We shall have no responsibility to provide support if support issues are deemed to be the result of misuse or lack of appropriate training by You in the use of Services.
Your profile details are compiled from the information you submit when you first start using our services or any new service we offer.
4.1 You agree to ensure that the details provided by you on our Services are kept updated are true, accurate, current and complete and you warrant that you have not misrepresented yourself in any way.
Your User Account
4.2 If you would like to use the Services, you will need to register as a user by creating an account. During the registration process, you will have to provide your name, company name, email address, and any other information requested during the registration process. You will also have to create a username and password for your account. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.
4.3 It’s important that you provide us with accurate, complete and up-to-date information for your account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you’ll notify us immediately of any unauthorized use of your account. You’re responsible for all activities that occur under your account, whether or not you know about them.
Use of Personal Data
4.4 Your use of our webs sites and/or the Services may involve the transmission to us of certain personally identifiable information. Our policies with respect to the collection and use of such personally identifiable information are governed according to our Privacy Policy available at www.correlate.com/privacy. You understand that through your use of our Services you acknowledge the collection, use and sharing of this information as described in our Privacy Policy. If you don’t agree with the Privacy Policy, then you must stop using our Services.
5.1 Subject to the terms and conditions of these Terms of Service, you are granted a non-exclusive, non-transferable license to access and use the Services during the term of your Subscription solely for the purpose of using our Services and working with Correlate and not any third party.
5.2 You will not (and will not permit any third party to):
(i) share a login (a login may only be used by a single person);
(ii) register of create accounts for “bots” or other automated uses;
(iii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Services;
(iv) copy, modify, adapt or translate the Services, or otherwise make any use, resell, exploit, distribute or sublicense the Services other than to the extent permitted here;
(v) make the Services available on a “service bureau” basis or allow any third parties to use the Services, other than your employees acting on your behalf, without Correlate Platform’s prior written consent;
(vi) remove or modify any proprietary marking or restrictive legends placed on the Services;
(vii) introduce into the Services any virus, worm, “black door,” Trojan Horse, or similar harmful code; or
(viii) use the Services in violation of any applicable law or regulation. If you violate this section, we reserve t he right in our sole discretion to immediately deny you access to the Services, or any portion of thereof, without notice.
5.3 You may not access all or any part of the Services in order to build a product or service which competes with the Services.
Uploading Content
Whenever you make use of a feature that allows you to upload content to our Services, you must comply with the content standards set out in this agreement (or as otherwise provided to you by us). Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a non-exclusive licence to use, store, edit, reproduce, modify and copy that content and to distribute and make it available to third parties. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Community Guidelines
By accessing and/or using the Services, you hereby agree that: You will not use the Services for any unlawful purpose; You will not “stalk” or otherwise harass another user of the Services or any other person; You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, or files related to the Services through hacking, password or data mining, or any other means. We have the right to remove any content you make available through the Services, without liability, if, in our opinion, that content does not comply with the standards set by us. We my suspend or terminate our agreement with you or any access to the Services, without liability, if in our opinion You are not complying with the spirit of this agreement or operate in a way which fails to uphold the highest standards of customer care. Ensuring that your use of our Services meets any required standards. You must:
(i) ensure that any content uploaded by You and all activities You carry out through the Services and any subsequent agreement with any users of your services complies with all applicable local legislation (including any consumer specific legislation) relevant to You and Your business and complies with the highest levels of standards and care;
(ii) ensure that any content uploaded by You to the Services is true, accurate, current and complete and ensure that you maintain and promptly update this information if it changes;
(iii) not use the Services or our other services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously;
(iv) not infringe our intellectual property rights or those of any third party in relation to Your use of the Services;
(v) not use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
Third Party Web Sites and Services
The Site and the Services may contain links to third-party websites ( “External Sites”), but Correlate Platform does not endorse and is not responsible for the content of any such External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.
User Data
You acknowledge and agree that Correlate Platform will access and download the data you store
(i) in your user account (“User Stored Data”); and
(ii) on a third party service to which you facilitate Correlate Platform’s access via application programming interface (API) or other means (“Third Party Stored Data”), all subject to such third party’s terms of service governing this data, if applicable. User Stored Data and Third Party Stored Data shall be collectively referred to herein as “User Data.” You retain all copyrights and other intellectual property rights in and to your User Data. However, you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Data as reasonably necessary for us to provide the Services. You grant to us a non-exclusive, perpetual, irrevocable, royalty free licence to use any data generated from Your use of the Services (“Service Data”) and any Data (provided that such data is anonymised) for the purpose of: (a) statistical analysis and monitoring, querying and analyzing such data for the purpose of providing the Services and improving the quality of services we provide to our customers; (b) exercising our rights and fulfilling our other obligations under this Agreement; (c) complying with any applicable governmental or regulatory requirements; and/or (d) any other commercial purpose.
As between Correlate Platform and you, Correlate Platform shall own all right, title, and interest in and to
(i) the Services including, without limitation, all source code, object code, operating instructions, and interfaces developed for or relating to the same;
(ii) all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works of the foregoing, and all intellectual property rights therein; and
(iii) any other materials available on the Site and/or the Services that are provided by or on behalf of Correlate Platform and all intellectual property rights therein (collectively, the “Correlate Platform Intellectual Property”). Except as expressly permitted in these Terms of Service, you have no rights in or to the Correlate Platform Intellectual Property.
Each party shall protect and preserve the Confidential Information (as defined below) of the other party as confidential, using no less care than that with which it protects and preserves its own highly confidential and proprietary information (but in no event less than a reasonable degree of care), and shall not use the Confidential Information for any purpose except as necessary to perform its obligations hereunder or as otherwise permitted hereunder. The receiving party may disclose, distribute or disseminate the other party’s Confidential Information to any of its officers, directors, members, managers, partners, employees, or agents provided that the receiving party reasonably believes that those individuals have a need to know and such individuals are bound by confidentiality obligations at least as restrictive as those contained herein. Except as expressly set forth herein, the receiving party shall not disclose, distribute or disseminate the other party’s Confidential Information to any third party without the prior written consent of such other party. In the event the receiving party becomes or may become legally compelled to disclose any of the other party’s Confidential Information (whether by deposition, interrogatory, request for documents, subpoena, civil investigative demand or other process or otherwise), the receiving party shall provide the other party with prompt prior written notice of such requirement so that such other party may seek a protective order or other appropriate remedy and/or waive compliance with the terms of this Section. For purposes of these Terms of Service, Correlate Platform’s Confidential Information means the Services and all code, components and other information and materials related thereto, and, your Confidential Information means your User Data.
8.1 THE SITE, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAY USE THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO PROVIDE YOU WITH THE SERVICES. NONE OF CODA PLATFORM, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CODA PLATFORM PARTIES”) WARRANT THAT ANY OF THE SITE, THE SERVICES AND ANY CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE CODA PLATFORM PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.
Nothing in this Agreement excludes the liability of either party: (a) for death or personal injury caused by Correlate’s negligence; or, (b) for fraud or fraudulent misrepresentation. Subject to clause 8.2: (a) to the maximum extent permitted by law, Correlate shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect, punitive, exemplary or consequential loss, costs, damages, charges or expenses however arising under or relating to this agreement, even if Correlate has been advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.; and (b) Correlate’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the total amount of Fees paid by You to Correlate during the month immediately preceding the date on which the claim arose. As the Fees for the service properly reflect the delineation of risk between the parties, each party agrees to ensure that it will be responsible for making its own arrangements for the insurance of any loss in excess of its accepted legal liability as necessary. Under no circumstances shall Correlate be responsible or liable for any harm caused by the transmission, through the Services, of a computer virus, or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of any of Your software, hardware, data or property.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE CODA PLATFORM PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
You shall defend, indemnify and hold harmless Correlate against claims, actions, liabilities, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with:
(i) Your or any User’s use of the Services and/or Documentation; or
(ii) your breach of these Terms of Service or your access to, use, or misuse of the Site or the Services any User Data provided through your account and your violation of any third-party right, including without limitation any intellectual property, or privacy right.
(iii) Your collection, use, processing and/or transfer of any Data, Service Data or other personal data; or (iii) any claim of any of any kind including legal fees arising from any claim, demand or action alleging that any use you make of the Services is contrary to any law, code or regulation in any country.
9.1 Correlate may suspend Services without liability if:
(a) Correlate reasonably believes that the Services are being used in breach of the Agreement and You do not remedy the failure within fourteen days of Correlate’s written notice to You describing the breach;
(b) You don’t co-operate with Correlate’s reasonable investigation of any suspected violation of the Agreement;
(c) there is an attack on the Services or the Services are accessed by or manipulated by a third party without Correlate’s consent;
(d) Correlate is required by law to suspend the Services or Your access to the Services; or
(e) there is another event for which Correlate reasonably believe that suspension of the Services is necessary to protect its or any other party’s network, system, the Services or other customers. Correlate will use reasonable endeavours to give You advance notice of a suspension under this Clause 9, unless Correlate determines in its reasonable commercial judgement that an immediate suspension is necessary to protect Correlate or its customers from imminent and significant operational or security risk. For the avoidance of doubt, any suspension of Services, unless caused directly by Correlate, shall not suspend Your obligation to pay any Fees.
(a) Term. These Terms of Service shall be effective from the time you click “I Agree” and shall continue until terminated by either party as set forth herein (“Term”).
(b) Termination. We may terminate these Terms of Service, without penalty or liability, at any time, for any or no reason, upon thirty (30) days written notice to you. We may terminate and/or suspend your registration or your use of the Services immediately if you violate the terms and conditions of these Terms of Service. Any termination or the expiry of any development or publishing agreement will you will result in the automatic termination of this agreement.
(c) Effect of Termination. Upon termination of these Terms of Service or Subscription: (i) all rights and licenses granted hereunder will immediately cease; (ii) you will immediately cease all use and access of the Services; (iii) you will have fifteen (15) days to retrieve your User Data; and (iv) you shall immediately pay Correlate Platform all fees dues until the date of termination. YOU AGREE THAT CORRELATE PLATFORM WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS OF SERVICE.
If you believe our Services contain any content that infringes your copyright, please contact us, with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf. To contact our Copyright Agent by regular mail, please write to Copyright Agent.
12.1 If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
12.2 You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
12.3 Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
12.4 Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12.5 This section, the section entitled Correlate Platform Intellectual Property, Indemnification, Correlate Platform Disclaimers and Limitation of Liability and Effect of Termination shall survive the termination of these Terms of Service. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service.
12.6 These Terms are governed by Norwegian law and you can bring legal proceedings in respect of the Services in the Norwegian courts. Contact Us If you have any questions about these Terms, please email: privacy@correlate.com