Last Updated July 2020
(For paid license terms to Aclima products, please visit https://www.aclima.io/end-user-license)
You are responsible for your conduct. You must comply with our Terms in the use of our Sites and Services, any other agreement or contract you may have with us, and likewise comply with the accompanying Guidelines. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download for distribution or share content unless you have the right to do so under other agreements with us and these Terms do not provide such permissions. Portions of our Services may be made available through social sharing features enabled on our Sites (e.g. Twitter and Facebook) but only content and information tagged for such functionality is available for sharing. We may review your conduct and content for compliance with these Terms and our Information Guidelines and any other policies. That said, we have no obligation to do so.
You may use our Services only as permitted by applicable law, including export control laws and regulations. For example, to use our Services in the United States, you must be at least 13 years old. If you live in the European Union, you must be at least 16 years old. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.
Some of our Services allow you to download or access our client software (“Software”) or various subscription services related to our Software, Services or platform, which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to access and download the Software and solely to access the Services. Use of such Software will be governed by further agreements between you and Aclima which you must accept in order to use the Software. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services or the Software, attempt to do so or assist anyone in doing so.
We may release certain products and features that we are still testing and evaluating. Those Services will be marked as beta, preview, preliminary, early access or evaluation (or words or phrases with similar meanings) and may not be as reliable as other Services and may be terminated at any time. By accessing such releases, you agree to their use solely for Aclima internal purposes and evaluation.
Parts of our Services will require access to services or APIs or other functionality provided by third parties including but not limited to surveys and questionnaires, marketing analytics including those provided by Google and other platforms, customer relationship management and communications software, and other service providers related to our Sites or Software. By using or accessing our Services you understand that your use of our Sites may involve access by such third party service providers and as such you may be subject to the terms and conditions related to such service providers.
Aclima’s Services and its related features may not be available in all languages and/or all countries or in translation to all methods of online accessibility for those with various disabilities. Given this possibility, Aclima makes no representation that its services and related features are appropriate or available for use in any specific location or by any specific person. In your election to use and access the Services despite these possible conditions, you do so upon your own initiative and with understanding of and agreement to such limitations.
Aclima’s Property and Proprietary Information
The Services are protected by patent, copyright, trademark, and other US and foreign laws. You agree to not obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Services for any reason. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, in Aclima’s trademarks, logos and other brand features or proprietary information.
You may not reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, nor create derivative works from our Services. Access to the Services is licensed, not sold, to you and is owned by Aclima and its licensors. Aclima chooses to make available portions of our Sites and Services to social sharing applications and other shareable features for data and reports (e.g. Twitter and Facebook) and content sharing features and you may share content that is enabled with such functionality.
Specifically, unless stated otherwise:
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported by emailing email@example.com. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Attention: Legal Department
10 Lombard Street, Suite 300
San Francisco CA 94111
Third Party Content and Cookies
Mobile User Access
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services on notice to you if:
We won’t provide notice before termination where:
Discontinuation of Services
We may decide to discontinue the Site, the Services or access to the Software in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice if possible. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
To the fullest extent permitted by law, Aclima and its affiliates, partners, licensors, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided "as is". we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement.
Aclima does not guarantee or warrant that the services will be free from corruption, loss, viruses, attack, hacking, interference, or other security intrusions. Aclima disclaims any related liability with respect to these third party acts. to the extent these exclusions are specifically prohibited by law in individual jurisdictions, they may not apply to you.
You agree and acknowledge that your downloading of any material obtained through the services is at your own risk. Any resulting or alleged damages to your computer, device, or data loss that results shall be your sole responsibility.
Limitation of Liability
We don’t exclude or limit our liability to you where it would be illegal to do so. In countries where certain types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can't be waived or limited by any contract or agreement.
Aclima, its affiliates, partners, suppliers or distributors won’t be liable for:
These exclusions or limitations will apply regardless of whether or not Aclima or any of its partners or affiliates have been warned of the possibility of such damages. Aclima, its affiliates, partners, suppliers, or distributors will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Aclima and its affiliates aren’t responsible for the conduct, whether online or offline, of any users of the services. To the extent these exclusions are specifically prohibited by law in individual jurisdictions, they may not apply to you.
You agree to indemnify and hold harmless Aclima and its subsidiaries, affiliates, officers, directors, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:
Unlawful and other unauthorized uses
You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You are not (and your organization is not 50% or more owned by one or more individuals, organizations or entities that are): (1) organized or located in a country or territory that is the target of sanctions imposed or (2) listed on any restricted or sanctioned party list maintained by the U.S. Government or any other applicable country.
You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.
You may not use the Services to:
Aclima will attempt to resolve any dispute with you informally by contacting you via email. If a dispute is not resolved within 15 days of submission, a formal proceeding may follow such as arbitration.
Judicial forum for disputes: You and Aclima agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California. Aclima and you both consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a member in a class, in a consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
These Terms will be governed by California law, in the United States of America, except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and Aclima with respect to the subject matter of these Terms, and supersede and replace any prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights or rights of survivorship.
Waiver, Severability & Assignment
Aclima’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Aclima may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.
You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations, or other information you provide to us relating to the Services.
If an update materially affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. You may not be notified of non-material changes to our terms or policies.
If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
By visiting our website without changing your settings, you agree to receive all cookies and other data collection tools; however, if you do not accept the use of these cookies, you can change your cookie settings at any time by following the instructions below.
WHAT ARE COOKIES?
Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a certain webpage. Cookies are then sent back to the originating webpage on each subsequent visit, or to another webpage that recognizes that cookie. Cookies are widely used in order to make websites work, or to work more efficiently, as well as to provide information to the owners of the website.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited our Site before or whether you are a new visitor.
There are two broad categories of cookies:
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are session cookies, meaning that they are stored only temporarily during a browsing session and expire when you close your browser. Other cookies are persistent cookies, meaning that they are saved on your computer or mobile device for a fixed period and are not deleted when your browser is closed. They can be used by Aclima website to recognize your computer or mobile device when you open your browser and browse the Internet again.
WHAT TYPES OF COOKIES DO WE USE?
The types of cookies used by us and our partners in connection with the Sites can be classified into one of five categories, namely ‘cookies necessary for essential Aclima purposes’, 'functionality cookies', ‘performance and analytics cookies', 'advertising and tracking cookies', and 'social media cookies'. We have set out some further information about each category:
HOW TO CONTROL OR DELETE COOKIES
You have the right to accept or stop cookies from being stored on your device at any time by modifying the settings in your web browser to reflect your cookie preferences. Please be aware that you may not be able to use all the interactive features of the website and/or online courses and content once cookies are disabled.
Most browsers offer instructions on how to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.
If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links:
WHAT ABOUT OTHER TRACKING TECHNOLOGIES, LIKE WEB BEACONS?
Cookies are not the only way to recognize or track visitors to a website. Our partners and service providers may employ software technologies that help us manage our Site to see what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs or pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We may tie the information gathered by clear gifs in emails to your Personal Information.
COOKIES THAT HAVE BEEN SET IN THE PAST
If you have disabled one or more Cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.
If you have any questions or comments about this cookies policy, or privacy matters generally, please contact us via email at firstname.lastname@example.org.
INFORMATION REQUESTS AND OTHER LEGAL GUIDELINES
Last Update June 2020
LEGAL AND LAW ENFORCEMENT INFORMATION REQUESTS
DISCOVERY OR INFORMATION REQUESTS
Non-content confidential and proprietary information generated from Aclima Services will not be released to third parties in the absence of valid subpoena, court order or other legal process.
LAW ENFORCEMENT REQUIREMENTS
Non-content user information will not be released to law enforcement except in response to a valid subpoena, court order, or other legal process. Content information will only be disclosed in response to a probable cause search warrant from an agency with proper jurisdiction. Under US law, including the federal Stored Communications Act, 18 U.S.C. Sections 2701-2712:
If, in our good faith judgment, there is an emergency involving the danger of death or severe physical injury, we may also provide the limited information necessary to prevent that harm.
INFORMATION PRESERVATION REQUESTS
If not unduly burdensome or otherwise inappropriate, Aclima will take reasonable steps to preserve a snapshot of any existing time-sensitive Services information in connection with a criminal investigation for up to 90 days, pending receipt of a properly served law enforcement request or valid subpoena.
FORMAT OF REQUESTS
Requests for user information must include:
WHERE TO SEND REQUESTS
Law enforcement officials can submit requests by mail or in person at: Aclima, Inc. Attn: Legal, 10 Lombard Street, Suite 300, San Francisco, CA 94111 or via email to email@example.com. While we agree to accept service of law enforcement requests by these methods, neither Aclima nor our users waive any legal rights based on this accommodation.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof, and believe that any user submission or other Aclima content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Copyright Agent available at firstname.lastname@example.org with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):