By using the Worbix ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service”).
Contata Solutions (legally “InterTech Systems, LLC”) ("Company" or “We”) reserves the right to update and change these Terms of Service without advance notice.
Violation of any of the terms below may result in the termination of your account.
- Spaces: Worbix provides collaborative spaces (“Spaces”) where multiple people (“Users”) can interact to accomplish functions related to different business domains.
- Data Services: Specific Spaces in Worbix may be enabled with data services (“Data Services”) whereby Contata provides data that may be licensed from third parties, or curated and owned by Contata.
- Analytics Services: Specific Spaces in Worbix may provide advanced analytics (“Analytics Services”) to facilitate finding patterns and insights from Data Services provided by Worbix, and/or those imported into respective Spaces by Users.
- Purchase: Use of different Spaces available as part of the Service may be purchased (“Purchase”) either by filling out an order form provided by Worbix, or by signing up online for one of the available items or packages.
- Misuse: You may use your Account to access Worbix for actual usage, and not competitive analysis or reverse engineering of its features.
- Internal Use: The Service and all content associated with it is for internal use and not for resale or redistribution.
- Illegal Activities: You may not use the Service for any purpose designed to circumvent or violate applicable laws of any jurisdiction.
- Bot Access: The Service is strictly for use by people. Creation of accounts, or access to data on created accounts through scrapers or bots or other forms of computer programs is not permitted, except as provided for explicitly through Services.
- Ideas and Suggestions: We welcome your ideas and suggestions to improve our Service and Website. If you submit any idea or suggestion to us, we are able to use that idea or suggestion without any permission on your part. Further, we will be able to use the idea or suggestion without owing you any compensation regardless of how we have implemented the idea or how much you contributed towards the implementation. We will have all rights to the idea or suggestion including all intellectual property rights.
- Login: You will be required to create a login (“Login”) to access Worbix. You must provide your full name, a valid email address, and any other information requested in order to create your Login, and not use any fake information to do so. You may access the system with a user-name and password (“Credentials”) that you have chosen for your login.
- Lost Credentials: You are responsible for maintaining the security of your user-name and password. The Company is not liable for issues or losses associated with compromised Credentials.
- Sharing: Only one person may use your Login – sharing of your Credentials with other people to access the Services is not permitted. Any other persons must create and access the Service through their own Login Credentials.
- Service Access: You may create one or more Accounts (“Account”) in Worbix with your Login, through which you may sign-up for one or more Spaces from the choices provided by Worbix.
- Account Owner: You are the owner of your Account (“Account Owner”) and responsible for use of Services made available under the Account in compliance with the terms outlined in this document.
- Account Transfer: You may transfer an Account of which you are currently the owner, to another User of Worbix, who then becomes the Account Owner of that Account.
- Organizational Account: In the event that you are creating an Account on behalf of a legal entity, all users must be employed by that legal entity or entities that are commonly owned.
Content & Data
- Responsibility: You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have their own logins under your Account).
- Ownership: We claim no intellectual property rights over the material you create within the Service. All materials uploaded remain yours as long as these are not copyrighted materials from another.
- Use of Data: We may use your data in conjunction with other compiled data to determine general market trends and macro trends. In no event will your individual data be disclosed other than in a larger combined package that has no personal information in it.
- Screening/Review: The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to remove or refuse to accept any content that is available via the Service.
- Downgrading: Downgrading your Service may cause the loss of features, capacity or data associated with your account. The Company does not accept any liability for such loss.
- Data Dump & Back Ups: You are responsible for backing up any data stored in Worbix. Worbix will provide you with a data dump when requested.
Customers may access their Service data via our Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- Liability: You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that accesses data via the API.
- Excessive Use: Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account or your account's access to the API. The Company, in its sole discretion, will determine abuse or excessively frequent requests and may also determine other inappropriate usage of the API.
- Fees: Each Account will be charged setup fees and/or monthly fees (“Fees”), based on the number and types of Spaces activated under it. Based on the types of Services ordered, the Fees due may include one-time fees, or fees that recur at a specified duration (Recurring Fees) for use of the service for each successive duration.
- Billing Cycle: Depending on Spaces enabled and payment options chosen, Recurring Fees may be due on monthly, quarterly, half yearly, or yearly duration. You may choose the start date of your billing cycle by specifying preference in your Account.
- Invoices: NO INVOICES will be issued for any recurring Fees due. At the discretion of the Company, reminders may be sent to Account Owner for fees due. Payments will be automatically charged to the Account Owner’s credit card or by ACH or EFT transfer if you approve such transfers. Fees will be due at the beginning of each month, quarter, half year or annually and must be paid in full.
- Payment Methods: You may pay Fees that due either by Credit Cardor other terms if agreed to in advance by us. Your credit card will be debited for amount of Fees on the date it is due.
- Upgrades, Additions: Any upgrades to existing Spaces, or ordering new Spaces may occur by executing a new Purchase (online or through an order form). Any fees due for the remaining period of the current Billing Cycle will be assessed at the time of activation of additional services authorized by the Purchase.
- Downgrading: Any downgrade in plan level will result in the new rate being charged starting the next billing cycle. There will be no prorating for downgrades made within a billing cycle, unless explicitly specified under the terms of the Purchase.
- Taxes: Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Trial: The Service may be offered with a free trial period (“Trial Period”) to allow you to evaluate the Service for use in your business. Once the Trial Period is up, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
Cancellation and Termination
- Responsibility: You are solely responsible for properly canceling your account. You may do as per instructions provided within the Service.
- Access to Content: All of your content will be immediately inaccessible from the Service upon cancellation. Within 30 days, all your content will be permanently deleted. This information cannot be recovered once it has been permanently deleted.
- Fees: If you cancel the Service in the middle of your billing cycle, your cancellation will take effect immediately, and you will not be charged again. Once the monthly fee has been charged there are no refunds regardless of when you cancel the Service. There is no proration of unused time.
- Termination or Suspension: The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to Service and Prices
- Pricing: The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Notice of Changes: Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service and web-sites used to log into the Service.
- Opt-In Mailings: You will not send spam. Spam as defined as “unsolicited bulk email” meaning you are sending people emails without their permission.
- IP Violation: You guarantee that any materials added to your communications were created by you, or provided for you and will not violate third party’s rights in any way. This includes text, photos, graphics and other content.
- Legal Compliance: You represent and warrant that your use of Worbix will comply with all applicable laws and regulations. You’re responsible for determining whether our Service is suitable for you to use in compliance with those regulations or other laws.
- Recipient Information: You agree that all content loaded into Worbix relating to any individual is in compliance with all data protection laws and regulations. You also explicitly give permission to Worbix to receive and process and send communications to such individuals on your behalf. You also agree not to upload any of the following information to our Service: social security numbers and/or personal identification, personal information or other information that is protected by the laws of any jurisdiction or would increase the likelihood of identity theft if that information was accessed, whether legally or not.
- As Is: Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. You agree that this provision is a key aspect of this agreement.
- Indemnification: You agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of this agreement.
- Technical Support: Technical support for the Service is only provided via email. You may send support requests to the email addresses provided within the help pages of the Service.
- Third Parties: You understand that the Company uses third party vendors and cloud-hosting partners to provide the necessary hardware, software, networking, storage, or related technology required to run the Service.
- Affiliation: You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
- Reproduction, Modification: You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company. You also agree not to modify, adapt, reverse engineer or hack the Service.
- Account Removal: We may, but have no obligation to, remove content and accounts that we determine, in our sole discretion, are unlawful or violate any party’s intellectual property or these Terms of Service.
- Inappropriate Content: Verbal, physical, written or other abuse (including threats of abuse or retribution) of anyone will result in immediate account termination. We have the sole right to determine if any conduct is subject to immediate account termination.
- Overuse, Overages: We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Company will make reasonable effort to notify Account Owner before such suspension of access except in case where overuse affects overall quality of Service for other Users.
- No Warranties: The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that (v) any errors in the Service will be corrected. There is no warranty of fitness for a particular purpose or any other implied warranty.
- Liability: You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
- No Waiver: The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- Breach: In the event that you breach this Agreement, you hereby agree that the Company would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that the Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as the Company may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
- Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy or claim related to the Service, or this Agreement ("Dispute"), you agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from the Company or third parties may initiate by sending notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice firstname.lastname@example.org or another support email address as found on the website.
- Binding Arbitration: If we are unable to resolve a Dispute through informal negotiations, either party to the Dispute may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, litigation may commence in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Exceptions to Informal Negotiations and Arbitration: You agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of your theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
- Location: Any arbitration shall be initiated in the County of Hennepin, State of Minnesota, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Hennepin, State of Minnesota, United States of America, and you and the Company agree to submit to the personal jurisdiction of that court without regard to the conflict of laws.
- Governing Law: Except as expressly provided otherwise, this Agreement is governed by, and will be construed under the law of the State of Minnesota, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 ("Act") may apply to the Website as supplied by the Company to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.
- Waiver of Consequential Damages. TO THE FULLEST EXTENT ALLOWED BY LAW, WORBIX AND ITS VALUE ADDED RESELLERS SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
- Liability Cap. TO THE FULLEST EXTENT ALLOWED BY LAW, WORBIX’S AND ITS RESELLER PARTNER”S ENTIRE LIABILITY UNDER THIS TERMS OF SERVICE AGREEMENT SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE END USER SIGNER TO WORBIX OR ITS RESELLER PARTNER IN RESPECT OF THIS TERMS OF SERVICE AGREEMENT.
Questions about the Terms of Service should be sent to email@example.com.