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Akordis Terms & Conditions

1. Definitions

As referenced in this Agreement “Products” means any product, materials or service delivered through the Akordis platform as identified on a related Statement of Work (SOW) or as delivered through the Akordis website or the Salesforce.com AppExchange.

2. Right To Use

Upon payment of the applicable fees, Akordis Limited and its affiliates (AKORDIS) grants to the customer (You), for your internal use, a non-transferable, non-sublicenseable, non-exclusive right to use the Products, solely for your internal business purposes for the Term of the Agreement. All rights not expressly granted to You are reserved by AKORDIS and its licensors. You agree to not abuse the Right to Use through creation of modifications, derivative works, or competitive products or services. As applicable, you further agree to only allow licensed individuals to use the Products. You may not store damaging materials such as viruses, or any inappropriate or illegal material on any systems or networks made accessible to use in your use of the Products, or interfere with such systems or networks. Subscription based licenses are transferable among employees who are replacing former licensed users who no longer use the license. The number of individuals that use such licenses at any time may not exceed the number authorized by AKORDIS during a trial period if applicable or through an applicable Statement of Work or other order form – including a Web form associated with a limited trial of any Akordis software.

3. Your Responsibilities

You are responsible to use reasonable efforts to provide AKORDIS or its agents with all information necessary and reasonable assistance to enable AKORDIS or its agents to perform its obligations under this agreement. Where applicable You are responsible for all activity occurring under your use of the Products and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Products, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify AKORDIS immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to AKORDIS immediately, and use reasonable efforts to stop immediately, any copying or distribution of Products that is known or suspected by You or your licensed Users; and (iii) not impersonate another User or provide false identity information to gain access to or use the Products. Furthermore you warrant that you have the right to the information and data that you provide to AKORDIS either verbally, in writing, or through any online interface, and you agree to fully indemnify AKORDIS against any damages suffered by AKORDIS consequent to your provision of any such information or data.

4. Intellectual Property Rights

“Intellectual Property Rights” will mean all copyrights, trademarks and service marks (whether registered or unregistered), trade secrets, patents, patent applications, contract rights, mask work rights, know-how and other proprietary rights, including without limitation all rights considered “moral rights,” whether existing now or in the future, throughout the world. AKORDIS or its third party licensors owns all right, title and interest in the intellectual property rights in the Products and retains the right, without fee, payment or obligation, to enhance such intellectual property through any knowledge gained through its engagement with You in performing this Agreement except where such enhancements would infringe any intellectual property of You or any third party.

5. Fees and Payment

Following the initial trial period if applicable, You agree to pay AKORDIS any applicable fees and expenses set forth in the SOW in accordance with the payment terms detailed therein. All fees and expenses are exclusive of any sales, use, excise, import or export, value added or similar taxes on products or services and all payments by You will be made free and clear of, and without reduction for, any withholding taxes. All paid License Fees are non-cancellable and non-refundable.

6. Confidential Information

The parties agree to hold, by using the same degree of care that it takes for its own information of a similar nature, each other’s Confidential Information in confidence, using normal business definitions of Confidential Information extended to include AKORDIS’s intellectual property in the Products. You are responsible for the data you provide to AKORDIS and, except in the case of your providing data through the Akordis Genius interface, AKORDIS does not own any data, information or material you provide. AKORDIS may use your data to monitor the use and effectiveness of AKORDIS’s software and to improve its current and future products or services.

7. Warranty, Warranty Disclaimers, Limitation of Liability

AKORDIS warrants that its performance under this Agreement will be in manner consistent with generally accepted industry standards and, that the Products will perform substantially in accordance with the published materials. Your exclusive remedy and AKORDIS’s entire liability for any breach of this warranty shall be either to re-perform its obligation (at no extra cost to You) or to refund to You the portion of the fees paid that relates specifically to the nonconforming part of the Akordis Products. EXCEPT AS OTHERWISE SET FORTH IN THIS THE PRODUCTS are provided “AS IS,” without warranty of any kind, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN ANY TERRITORY OR JURISDICTION THROUGHOUT THE WORLD. THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY OF SERVICE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. AKORDIS’S SOFTWARE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. AKORDIS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. To the fullest extent permitted by applicable law, the total aggregate liability of AKORDIS under this Agreement or any SOW will be limited to the AKORDIS fees paid by Customer under the SOW under which the liability arises.

8. Infringement and Indemnity

If a third party makes a reasonable claim against You that any of the Products directly infringe any third party’s intellectual property (“IP Claim”), AKORDIS will defend You against the IP Claim and pay any expenses finally awarded against You provided that: You notify AKORDIS in writing no later than fourteen (14) days after you receive notification of a potential claim, AKORDIS may assume sole control of the defense of such claim and all related settlement negotiations; and (iii) You provides AKORDIS, at AKORDIS’s request and expense, with the assistance, information and authority necessary to perform AKORDIS’s obligations under this section. However, if the IP Claim arises from AKORDIS’s adherence to your verbal or written instructions, or from your combining the Products with any other products or services, AKORDIS will have no liability to You.

Subject to the terms and conditions of this Agreement, each party will defend and indemnify the other party and its officers, directors and agents against all damages for personal bodily injury, wrongful death or physical damage to real or tangible personal property proximately caused by the negligent act or omission of either party or a person employed by either party acting within the scope of his/her employment in providing or receiving Products under this Agreement.

9. Term and Termination

The term and termination of this Agreement will, as applicable, will terminate after the 30-day trial period or will be as specified in a SOW between You and AKORDIS. With respect to any unpaid Service; AKORDIS may terminate this agreement at any time. Failure to make due payments, and breach of scope of Right to Use, and breach of confidentiality are deemed material breach. Upon termination you will pay to AKORDIS on a pro-rata basis for Products delivered in accordance with the terms of any SOW, and if cancelled without cause You also agree to pay all of the License fees required in connection with the remaining License Term contracted in any active SOWs at the time of termination for convenience. All paid License Fees are non-cancellable and non-refundable. Rights granted to You under this Agreement will cease immediately upon termination. Sections 4, 5, 6, 7, 10 and 15 shall survive any termination.

10. General Terms and Conditions

The provisions of this Agreement are severable, and the unenforceability of any provision will not affect other provisions. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all applicable SOWs), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. The prevailing party in any action to enforce the terms of this Agreement will be entitled to reasonable attorneys’ fees and other costs and expenses incurred by it in connection with such action. Notices must be in writing and sent by certified mail or overnight carrier with proof of delivery to the parties identified on the Akordis trial online form or on a related SOW.

11. Governing Law and Compliance with Laws

Each party will comply with all applicable laws, including without limitation all U.S. laws related to the export and re-export of software and other goods. For customers located within the United States, this Agreement will be governed by and construed under the laws of the State of Washington, USA; for all other customers, this Agreement will be governed by the laws of England. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

12. Entire Agreement

This Agreement, together with any applicable executed SOWs and applicable Master Service Agreements, constitutes the complete agreement between the parties and supersedes all other agreements, written or oral, concerning the subject matter of this Agreement.

13. Insurance

During the term of this Agreement, AKORDIS will maintain, at its own expense, commercial general liability insurance with policy limits of not less than One Million Dollars ($1,000,000) per occurrence.

14. Force Majeure

Each party will be excused from performance to the extent that, it or its subcontractor(s) is prevented from performing any obligation or service, in whole or in part, as a result of Force Majeure.

15. Non-Solicitation

You agree to not intentionally solicit for employment the employees or contractors of AKORDIS who are involved in the performance of this Agreement for a period of twelve (12) months following such involvement. If You are found to be in breach of this clause, then You agree to compensate AKORDIS with a one-off payment equal to the gross annual target compensation of the officer, employee, agent or contractor of the other so solicited or induced.

16. Marketing

You agree that AKORDIS may identify You as a AKORDIS Customer in client lists and other marketing materials.

17. Relationship of Parties

The parties are and will remain independent contractors. Nothing contained in this Agreement will be construed to create an agency, joint venture, partnership or other relationship bet.

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Privacy Policy

Your privacy is critically important to us. At Akordis we have a few fundamental principles:

  • We don’t ask you for personal information unless we truly need it.
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.
  • In our blogging products, we aim to make it as simple as possible for you to control what’s visible to the public, seen by search engines, kept private, and permanently deleted.

Below is our privacy policy which incorporates these goals:

If you have questions about deleting or correcting your personal data please contact our support team.

Akordis Ltd. (“Akordis”) operates several websites including akordis.com, akordis.co, akordis.net and akordis.mobi. It is Akordis’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Akordis collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Akordis’s purpose in collecting non-personally identifying information is to better understand how Akordis’s visitors use its website. From time to time, Akordis may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Akordis also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users. Akordis only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Akordis’s websites choose to interact with Akordis in ways that require Akordis to gather personally-identifying information. The amount and type of information that Akordis gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account to provide a username and email address. Those who engage in transactions with Akordis are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Akordis collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Akordis. Akordis does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Akordis may collect statistics about the how visitors behave. For instance, Akordis may monitor how the system is used, for example how many times certain answers are selected. This information will then be aggregated and will not contain any information relating to specific scenarios.

Protection of Certain Personally-Identifying Information

Akordis discloses potentially personally-identifying and personally-identifying information only to those of its employees and contractors and affiliated organizations (such as WorldPay) that (i) need to know that information in order to process it on Akordis’s behalf or to provide services available at Akordis’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Akordis’s websites, you consent to the transfer of such information to them. Akordis will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Akordis discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Akordis believes in good faith that disclosure is reasonably necessary to protect the property or rights of Akordis, third parties or the public at large. If you are a registered user of an Akordis website and have supplied your email address, Akordis may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Akordis and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Akordis takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Akordis uses cookies to help Akordis identify and track visitors, their usage of Akordis website, and their website access preferences. Akordis visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Akordis’s websites, with the drawback that certain features of Akordis’s websites may not function properly without the aid of cookies.

Business Transfers

If Akordis, or substantially all of its assets, were acquired, or in the unlikely event that Akordis goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Akordis may continue to use your personal information as set forth in this policy.

Privacy Policy Changes

Although most changes are likely to be minor, Akordis may change its Privacy Policy from time to time, and in Akordis’s sole discretion. Akordis encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a WordPress.com account, you should also check your blog’s dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

The above privacy notice was adapted from WordPress under a Creative Commons Share alike license.

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Akordis Limited – Trademark and Copyright Usage Guidelines

Akordis Limited counts its Intellectual Property, including its brand names, logos, videos, website content, and other matter protectable under trademark or copyright law, among its most valuable assets. Protecting these Intellectual Property assets is a priority for Akordis Limited. These guidelines reflect the established Intellectual Property rights of Akordis Limited and are intended for its partners, customers, developers, consultants, publishers, and/or any third party wishing to use any Intellectual Property asset owned by or conflicting with rights of Akordis Limited in any promotional, commercial, educational or reference material. Akordis Limited requests you carefully review and follow these guidelines before using any Akordis Limited brand name, logo, video, website content, other matter which may conflict with any Akordis Limited asset protectable under trademark or copyright law. By following these guidelines, you help Akordis Limited protect its valuable Intellectual Property assets, preserve the integrity of its corporate identity and strengthen its brand equity and recognition.

What Is a Trademark?

A trademark is a word, name, symbol or device (or a combination thereof) that identifies the goods or services of a person or company and distinguishes them from the goods and services of others. A trademark assures consumers of consistent quality with respect to those goods or services and aids in their promotion. Akordis Ltd trademarks include the name Akordis and the arrow motif that is used in the website tab. Unless outlined below as permitted use, you may not use any trademark asset owned by Akordis Limited without a license or other permission granted under contract.

What Is Copyright?

Copyrights are exclusive rights to original works, including certain original written material, pictorial and graphical work, audiovisual work, and computer programs. The owner of a copyright has the right to exclude any other person from reproducing, displaying, distributing, creating derivative works, performing, or otherwise using the original work. Copyrights owned by Akordis Limited include its logos, website designs and content, videos and other promotional materials, and its proprietary code. You may not use any copyright asset owned by Akordis Limited without a license or a fully executed permission form.

General Guidelines

These general guidelines are not intended to be an exhaustive list of Akordis Limited’s copyright and trademark rights. Akordis Limited reserves all rights in its Intellectual Property assets, including rights not expressly reflected herein. The goodwill derived from your use of an Akordis Limited trademark under license or any Akordis Limited guideline inures solely to Akordis Limited’s benefit. If you have a business relationship with Akordis Limited, you may have received additional guidelines outlining prohibited and permitted uses of Akordis Limited trademarks and copyrights, including written requirements for the size, typeface, colours, and other graphical characteristics for each. Any such additional guidelines merely supplement and do not replace these general guidelines. Akordis Limited requires you to abide by these general guidelines as well as any and all applicable supplementary guidelines.

Permitted Use of Akordis Limited Trademarks and/or Copyrights

You may use an Akordis Limited trademark(s) in word form only to describe accurately how your products or services relate to our products, so long as you observe these guidelines and it is clear that your products and services are not offered, sponsored or endorsed by Akordis Limited. As much as practicable, Akordis Limited trademarks should be used as adjectives, followed by the generic category name of the product or service each mark modifies. Do not use Akordis Limited trademarks as nouns or verbs. Always feature any Akordis Limited trademark in word form only. Do not shorten or abbreviate any Akordis Limited trademark or use any Akordis Limited trademark in plural or modified form.

  • You may only use Akordis Limited logos under license or other contractual permission or where a specialized logo has been assigned to you to designate your business relationship with Akordis Limited. Use of logos under these limited circumstances shall not deviate from the form and extent of permission granted to you. When referencing an Akordis Limited trademark in text, it must be distinguishable from the surrounding text in some manner. Acceptable ways to do this include capitalizing the Akordis Limited trademark, enclosing it in quotes, and/or using a different typographic style, color or font for the trademark.
  • When referencing an Akordis Limited trademark in any website, publication, or other promotional material in the U.S. and abroad, you must always include appropriate trademark attribution language for the Akordis Limited mark(s) you reference.
  • Where you have been granted permission to use an Akordis Limited logo, video or other copyrightable work owned by Akordis Limited, you must always include appropriate copyright attribution language. Unless otherwise provided for in your license and/or contractual permission, the following is the recommended copyright attribution: © 2014 Akordis Limited. All rights reserved. [Insert description of copyright matter] used here with permission.

Prohibited Use of Akordis Limited Trademarks and/or Copyrights

You may not incorporate an Akordis Limited trademark or logo in your company’s name, app name, publication title, conference title, website name, or domain name without Akordis Limited’s express, prior written permission, which may require a license agreement. Except as otherwise contractually provided, Akordis Limited reserves the right to withdrawn any such permission at any time. You may not use any misspelling, phonetic equivalent, or trademark that rhymes with or sound like any Akordis Limited trademark in your company’s name, app name, publication title, conference title, website name or domain name, or otherwise gives the impression of affiliation with or endorsement by Akordis Limited (e.g., a name or brand that may be confused as being a part or extension of an Akordis Limited trademark “Family”).

You may not use abbreviations or foreign language translations of Akordis Limited trademarks. You may not use company names, brand names, website addresses or domain names that combine an Akordis Limited trademark with other words, terms or trademarks or which otherwise give the impression of affiliation with or endorsement by Akordis Limited. You may not purchase any Akordis Limited trademark as an ad word or advertising key word from any search engine, social media forum, or other online venue without express written permission from Akordis Limited, which permission may be withdrawn if you violate these guidelines or any supplementary guidelines which may apply to you.

You may not display or otherwise use or incorporate any Akordis Limited logo, design, website content, video, testing material, or any other trademark or copyright asset of Akordis Limited on your website, social media forums, marketing collateral, any publicly facing presentation materials, other promotional materials, or otherwise in connection with your products or services without a license or fully executed Permission Form.

You may not modify or alter any Akordis Limited logo, design, or other trademark or copyright asset in any manner or incorporate any Akordis Limited logo, design, or other trademark or copyright asset in your own company logo or product logo, except under license.

You may not use Akordis Limited’s trademarks and/or copyrights in a disparaging way or in any way which dilutes, tarnishes or otherwise conflicts with Akordis Limited’s ability to use and/or enforce its trademarks, even if such use is under license.

Email Encryption

Akordis is being accredited to the International Standard for Information Security, ISO27000. We use digital certificates (red rosette) to secure our emails and encryption (gold padlock) to keep them private. We can only send encrypted emails if you can decrypt them. For that, you will need your own Digital ID, which you can obtain, free, from https://www.comodo.com/home/email-security/free-email-certificate.php . To install it, just follow these instructions from Microsoft https://support.office.com/en-za/article/here-ca6f2442-1576-45a8-88a4-ae0c3720d0fa

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