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Effective: September 24, 2018

User Terms

These are legally binding terms that govern a user’s access to CastCircle. You will be a user if you access CastCircle, even if you are not directly a customer of CastCircle. The Customer Terms of Service are available here. We have tried to make these terms as clear as possible.

By using CastCircle, you agree to comply with our Acceptable Use Policy and these terms.

You are an authorized user of a Circle controlled by a Customer

As an authorized user, you have been invited to the circle by a customer. A customer is typically your company or organization. A customer has the right to remove you from their circle and owns the messages, video or other data that you add to the circle. A customer has many rights which include removing you from a circle, or channel, manage permissions, sharing a channel or consolidating your circle with another circle.

You, the Customer and CastCircle

It is the Customer’s sole responsibility to:

1. inform you, an “authorized users” of any relevant policies practices and any settings that impact the processing of customer data.

2. Obtain any rights, permissions, or consents from you or authorized users that are necessary for the lawful use of customer data

3. Ensure that the transfer of customer data is lawful

4. Respond and resolve any dispute with you and any authorized user relating to customer data or customer failure to fulfill these obligations.

CastCircle makes no representations or warranties of any kind whether express or implied, to you relating to the services, which are provided to you on an “As Is” and “As Available” basis.

You must be of legal age

CastCircle is intended for use in a work environment, and to the extent of the law, CastCircle should not be used by anyone under the age of sixteen. You represent that you are of legal age and are the intended recipient of Customer’s invitation to CastCircle. If you are not of legal working age you must not access CastCircle.

You are here at the pleasure of the Customer

These user terms remain effective until the customer’s subscription expires or terminates, or your access to CastCircle has been terminated by the Customer or CastCircle. Please contact the Customer (your company or organization) if you wish to terminate your account, including due to disagreement with any updates to these Terms of Service or Acceptable Use Policy.

Limitation of Liability

If there is any violation of these User Terms or Acceptable Use Policy or any other policy we will ask the Customer to remedy the situation by removal or customer data or disabling of your account. If for any reason the Customer does not take appropriate action we may directly step in if we believe there is a credible risk to us, the services, authorized user or other 3rdpartied. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS FIFTY DOLLARS ($50) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

Applicability of Consumer Law

CastCircle is a workplace tool intended for use by business and organizations and not intended for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If any consumer law does apply and cannot be lawfully excluded, nothing in these user terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.

Survival

The sections “You, the Customer and CastCircle”, “ Limitation of Liability” and “Survival” and all of the provisions “General Provisions” will survive any termination or expiration of the User Terms

General Provisions

Notices

All notifications under the user terms will be by email or to directly through a CastCircle message. Notices to CastCircle should be made to legal@castcircle.com. A notice will be deemed to have been duly given the day after it is sent. Notices under the contract will be delivered solely to the customer in accordance with the terms of that agreement.

Privacy Policy

The CastCircle Privacy Policy provides detailed information on how we collect and use data relating to the use and performance of CastCircle.

Modifications

From time to time, we may need to modify these user terms or acceptable use policy. If we make a material change to these policies we will provide you with reasonable notice either by email or a message in CastCircle. At any time, you can view the current terms by visiting this page. Any material revisions to these terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use CastCircle after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the user terms, including the acceptable use policy will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

The user terms and acceptable use policy will be enforced to the fullest extent permitted under applicable law. If any provision of the user terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted, and the remaining provisions of the user terms will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these user terms or acceptable use policy whether by operation of law or otherwise without the prior written consent of us (not to be reasonably withheld). We may assign these user terms in their entirety (including all terms and conditions incorporated herein by reference) without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Governing Law; Venue; Waiver of Jury Trial; Fees

The user terms and acceptable use policy, and any disputes arising out of or related hereto will be governed exclusively by the courts in San Francisco, California, United States of America, and the parties consent to the personal and exclusive jurisdiction of such courts. The U.N. Convention on the International Sale of Goods shall not apply. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

Entire agreement

The user terms including any terms incorporated by reference to the user terms constitute the entire agreement between CastCircle and you and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. If there is any inconsistency with the user terms, any pages referenced in these user terms or the contract then the contract will prevail, followed by the user terms, and then followed by the pages referenced in the user terms (e.g. privacy policy). Customer will be responsible for notifying authorized users of any conflicts or inconsistencies.

Contacting CastCircle

Please also feel free to contact CastCircle if you have any questions about these User Terms or CastCircle’s practices. You may contact us at support@castcircle.com or at our mailing address below:

CastCircle Inc

123 Mission St

Fl 16

San Francisco, CA 94105

USA

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