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License Agreement

Last Updated May 10, 2022

End-User License Agreement ("Agreement") ContXtual, Inc. (“ContXtual,” “we,” “us,” and “our”) Early Access Release (“Early Access”, “Services”, “Program”, “Software”) and you an individual or entity (“you,” “your”).

Please carefully read this End-User License Agreement ("Agreement") carefully. By registering an reTHINK account, or otherwise accessing, downloading, or using the our Services (as defined below) you become part of our Program, and you will be agreeing to this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and ContXtual, Inc. and it governs your use of our Services.

You are licensing a limited-use version reTHINK through the Early Access Release Program and agree to be bound by this “Agreement”. This license to the Software, includes any related materials provided by contXtual, including any documentation, user guides, upgrades, updates, supplements, third-party components, Internet-based services and support services provided by, for or on behalf of contXtual in connection with use of our Services.

EARLY ACCESS SERVICES ARE NOT GENERALLY AVAILABLE AND MAY CONTAIN BUGS, ERRORS, DEFECTS OR HARMFUL COMPONENTS. ACCORDINGLY, CONTXTUAL IS PROVIDING THE EARLY ACCESS SERVICES TO CUSTOMER “AS IS.” CONTXTUAL MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO THE EARLY ACCESS SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY OR ANY PUBLISHED DOCUMENTATION THAT STATES OTHERWISE, CONTXTUAL DOES NOT WARRANT THAT THE EARLY ACCESS SERVICES: (A) WILL BE ERROR-FREE, (B) WILL MEET ANY SPECIFIED SERVICE LEVEL, OR (C) WILL OPERATE WITHOUT INTERRUPTIONS OR DOWNTIME. CONTXTUAL SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH EARLY ACCESS SERVICES.

If you do not agree to the terms of this Agreement, do not signup for a reTHINK account and do not download or use the Application.

The Services are licensed, not sold, to you by ContXtual for use subject to and strictly in accordance with the terms of this Agreement.

License

ContXtual grants you a revocable, non-exclusive, non-transferable, limited license to use to use our website (the “Site”) and/or our purpose-built online platform for spatial computing in the metaverse using augmented and virtual reality or the Web (“AR/VR/Web”) teleconferencing (the “Platform”), and our related online and offline offerings (collectively, the “Services”).

Restrictions

You agree not to, and you will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit all or any part of Services or make any of the Services available to any third party.
  • Copy or use all or any part of the Services for any purpose other than as permitted under the above section "License".
  • Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Services.
  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of ContXtual, Inc. or its affiliates, partners, suppliers or the licensors of the Services.

Intellectual Property

  • The Services, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of ContXtual, Inc.

Your Suggestions

  • Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to ContXtual with respect to the Services shall remain our sole and exclusive property.
  • We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

ACCEPTABLE USE POLICY

Content means all data (text, images, video, 3D) that a user creates or uploads and/or uses with our Services. You are solely responsible, and assume all risk for the content you create, upload and share with our Services. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by contXtual. For all Content that you upload and share in our Services you acknowledge that either (a) you own all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, or (b) you have the rights/authority/permission to use with our Services. Violating this policy may result in deletion of your content and/or your account, at any time without prior notice.  

You are responsible to maintain backup copies of your own content, as your content may be deleted at any time without prior notice.  

We provide our Services as a hosted service to You. We want you to enjoy and have others enjoy the experiences that we all create and share as a community - be it with work, friends, club, whatever. How to present yourself and respectfully treat others in social settings should be inherently understood by all. You are representing yourself personally to others, and as a representative of the company/club/group/association/friends/family you are part of. It is not our intention to restrict or mandate what you can and cannot say or share on our Services. We believe networking is a very valuable and necessary tool and why we created reTHINK.  

We believe human interaction is the beating heart of creativity and productivity. New ideas and innovations are built off the connections we create with one another. ​Our mission is to make human interactions possible in any environment, in any place, because creativity should know no boundaries.​ To achieve our mission, we have simply One Rule

  • A) NO ASSHOLES! That’s it. Don’t be an asshole. In every interaction with your colleagues, clients, customers, family, friends, with anyone ever while using our Services, please refer to this single truth. Lean into the diverse skills and backgrounds of the people around you. Remember, no matter your role, your contribution, participation, and ideas are valued. We are committed to building an environment and community where diversity, equity, and inclusion is valued. Help us reach that goal.

If you remember one thing from these Terms and Conditions, remember this One Rule. It will serve you well. If that doesn’t make clear how we expect our community to conduct themselves, here’s more detail lawyer folk want to make clear.

  • B) CONTENT. You agree not to use our Services to collect, upload, transmit, display, or distribute any Content that (a) violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (c) that is harmful to minors in any way; or (d) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party. We also provide a shared web browser experience for your convenience and do not review, approve, endorse, or in any way control the content of third-party links or ads that may appear in the browser. You use this shared browser service at your own risk, guided under the stated guidelines.  
  • C) SOCIAL. Under no circumstances will you harass, bully, or disparage others in any form, or display any outward threatening behavior targeted directly or indirectly - be it verbally, in gesture, or using any form of content.  
  • D) DATA. You agree not to: (a) upload, transmit, or distribute to any of our Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) Use any of our Services to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, schemes, scams, or any other form of duplicative or unsolicited messaging; (c) use any of our Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without legal consent from all parties; (d) interfere with, disrupt, attempt to gain unauthorized access or create an undue burden on servers or networks connected to our Services, or violate the regulations, policies or procedures of such networks.

We reserve the right, but not the obligation, to monitor activities of our Services, primarily to ensure that there is no illegal activity, or to respond to information we receive from other Users or third parties.

Third-Party Services

The Services may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that we shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. ContXtual does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by you or ContXtual. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Services and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of Services and delete all copies of the Services from your mobile device or from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold ContXtual and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Services; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Services are provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, ContXtual, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, ContXtual provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, ContXtual does not make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of ContXtual are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Limitation of Liability

The entire liability of ContXtual and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Services, even if your losses exceed the amount you paid. To the maximum extent permitted by applicable law, in no event shall ContXtual or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

Amendments to this Agreement

We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. We will determine what constitutes a material change at our sole discretion.

By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Governing Law

The laws of Delaware, United States of America, excluding its conflicts of law rules, shall govern this Agreement and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

Contact Information

If you have any questions about this Agreement, please contact us at: ContXtual, Inc.

contXtual, Inc

1916 Pike Place Suite 12, #34

Seattle, WA 98101

support@contxtual.solutions

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Privacy Policy
Last Updated: 18-April-2019

Section 1 – General and Web Site Covered

This Privacy Statement covers the information practices of getbraincloud.com and the brainCloud Services Platform. Unless otherwise stated, defined terms have the same meanings attributed to them in the associated Terms of Service. Any data provided to brainCloud by You, is purely voluntary. You are not required to provide any personal information to brainCloud, unless You choose to access features of the service that require information. If You do not agree with the terms of this policy or brainCloud’s Terms of Use related to the service, then please do not provide brainCloud with personal information, exit the Applications immediately, and refrain from using the service.By creating a brainCloud account, and accessing, visiting or using the service, You expressly consent to brainCloud’s collection, use, disclosure and retention of Your information as described in this Privacy Policy and in brainCloud’s Terms of Use.

Section 2 – Information Collected

brainCloud offers a variety of services that are collectively referred to as the “brainCloud Services.” brainCloud collects information from individuals who visit brainCloud’s web site (“Visitors”) and individuals who register to use the brainCloud Services (“Customers”).When expressing an interest in obtaining additional information about the brainCloud Services or registering to use the brainCloud Services, brainCloud requires You to provide personal contact information, such as name, company name, address, phone number, and e-mail address (“Required Contact Information”). When purchasing the brainCloud Services, brainCloud requires You to provide financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the brainCloud Services (“Billing Information”). brainCloud may also ask You to provide additional information, such as company annual revenues, number of employees, or industry (“Optional Information”). Required Contact Information, Billing Information, and Optional Information are referred to collectively as “Data About brainCloud Customers”.As You navigate brainCloud’s web site, brainCloud may also collect information through the use of commonly-used information-gathering tools, such as cookies and web beacons (“Web Site Navigational Information”). Web Site Navigational Information includes standard information from Your Web browser (such as browser type and browser language), Your Internet Protocol (“IP”) address, and the actions You take on the Company’s Web site (such as the Web pages viewed and the links clicked).

Section 3 – Use of Information Collected

brainCloud uses Data About brainCloud Customers to perform the services requested. For example, if You fill out a “Contact Me” Web form, brainCloud will use the information provided to contact You about Your interest in the brainCloud Services.brainCloud may also use Data About brainCloud Customers for marketing purposes. For example, brainCloud may use information You provide to contact You to further discuss Your interest in the Services and to send You information regarding the Company and its partners, such as information about promotions or events.brainCloud uses credit card information solely to check the financial qualifications of prospective Customers and to collect payment for the Services.brainCloud uses Web Site Navigational Information to operate and improve its Web site. brainCloud may also use Web Site Navigational Information alone or in combination with Data About brainCloud Customers to provide personalized information about the company.

Section 4 – Rights to Access, Rectification or Erasure, Restriction and Objection, of Processing

You have the right to access, rectification, opposition, erasure (“right to be forgotten”), and right to the restriction of processing of Your personal data by directing any such requests to brainCloud. In order to make things easier for You, and without prejudice to the legal requirements brainCloud must comply with under the laws, brainCloud allows You to exercise the above-mentioned rights by opening a support ticket via the Help Centre. Send a request via support@getbraincloud.com or click the Chat widget at the bottom of any page.

Section 5 – Collecting, Processing and Retention of Data

For the processing of Your data, on Your behalf, brainCloud undertakes to fulfil the following obligations:By using Your personal data only to carry out the provision of the contracted Services, (as described in the Terms of Use and in the Privacy Policy) in accordance with the instructions given in writing, at any time, by You,To maintain the duty of secrecy with respect to the personal data to which brainCloud has access, even after the termination of the contractual relationship, and to ensure that our employees have committed in writing to maintain the confidentiality of the personal data processed.To ensure, taking into account the available technology, the costs of implementation, and the nature, scope, context and purposes of the processing, as well as the risks of varying probability and severity for the rights and freedoms of natural persons, that they will apply adequate technical and organizational measures to ensure a level of security appropriate to the risk, including, where appropriate, among other things:– The pseudonymization and encryption of personal data;– The ability of ensuring the continued confidentiality, integrity, availability and resilience of the systems and services;– The ability of restoring the availability and access to personal data quickly in the event of a physical or technical incident;– A process of regular verification, evaluation and assessment of the effectiveness of the technical and organizational measures in order to ensure the safety of the processing.When evaluating the adequacy of the security level, special account shall be taken of the risks presented by the data processing, in particular as a consequence of the destruction, loss or accidental or unlawful alteration of the personal data transmitted, stored or otherwise processed, or the communication or unauthorized access to such data.In the event that the implementation of specific and concrete security measures is needed, those measures will be added to this Agreement by means of an Annex, as required and as mentioned in the Terms of Use and the Privacy Policy.To keep under our control and custody the personal data to which we have access in relation with the provision of the Service, and to not disclose them, neither transfer or otherwise communicate them, not even for their preservation, to persons unrelated with the provision of the Service covered by this Agreement.To delete or return to You, at Your choice, all personal data to which brainCloud have had access in order to provide the Service. Likewise, brainCloud undertakes to delete the existing copies, unless there is a legal rule that requires the preservation of the personal data. However, employees and other personnel working for brainCloud are entitled to Your data as required to carry out their obligations under the terms of their contract.To notify You in the notification any competent Control Authority and, if applicable, to the interested parties of the security breaches that occur, as well as to provide support, when necessary, in the carrying-out of privacy impact assessments and, as well as to assist You so You can fulfil the obligation of responding the requests to exercise certain rights.On request, to bring, a record of all categories of processing activities performed on behalf of You. (brainCloud reserves the right to charge for this request on a case by case review)To cooperate with the appropriate Control Authority, at its request, in the fulfilment of its powers.To make available to You the whole information necessary to demonstrate the fulfilment of the obligations established under this Agreement, as well as to allow and contribute to the performance of audits, including inspections, by You or by a third party authorized by You. (brainCloud reserves the right to charge for this request on a case by case review.)If brainCloud or any of his Subcontractors violates this Agreement or any regulation when determining the purposes and means of the processing, they shall be held responsible for such processing. Furthermore, if such Subcontractors are based in countries which do not have legislation on data protection which is not equivalent to the appropriate Control Authority, brainCloud shall establish all safeguards required by the appropriate Control Authority in order to comply with all obligations arising from transfers of data to Third Countries, and shall promptly inform You about such safeguards, if so requested.We use the information we collect from You to perform the services requested in connection with the “brainCloud Account” selected for the purposes described in the Terms of Use.We also use Your information to review, investigate and analyze how to improve the services provided. We may also collect and analyze Your data to monitor, maintain and improve our services and features.We may internally perform statistical and other analysis on information we collect (technical and metadata) to analyze and measure user behavior and trends, to understand how people use our services, in order to. Improve and optimize our performance of such services, and to monitor, troubleshoot and improve our services, including helping us evaluate or devise new features.We may use Your information for internal purposes designed to keep our services secure and operational, such as testing purposes, troubleshooting, to prevent abusive activity (i.e. fraud, spam, phishing activities), and for service improvement, research and development purposes.As described in the Terms of Use, if You connect Your brainCloud Account with Your account on a Social Media or third party platform, we may use the information that You make available through the applicable Social Media or third party platform and that the applicable Social Media or third party platform has made available to brainCloud, in accordance with the privacy or other settings that are applicable to Your Social Media or third party platform account.We do not sell Your brainCloud data to third parties. We share Your information with our service providers who help us to provide our services to You, in which case those third parties are required to comply with our privacy policy and any other adequate technical and organizational measures. We contractually bind these service providers by the corresponding Data Processing Agreements to keep Your information confidential and to use it only for the purpose of providing their services and pursuant to the applicable privacy legislation to the appropriate Control Authority.brainCloud is based in Canada and complies with all appropriate Canadian privacy requirements and the European Union’s General Data Protection Regulation (GDPR). brainCloud’s servers, services and data are located in and operated in both the United States and Canada. If You are located outside of the US or Canada and choose to use the Service or provide Your information to brainCloud, please note that Your information may be transferred, processed and stored by our service providers outside of Canada and the US. Your agreement to the terms of this Privacy Policy followed by Your submission of information in connection with the Service represents Your agreement to this practice.Your data is not disclosed to any third party except (i) for providing the services You requested and for which brainCloud collaborates with third parties, (ii) when we have Your permission, (iii) when it is required by a competent authority in the exercise of its duties (for example in order to investigate, prevent or take action regarding illegal activities) or (iv) as otherwise required by law.We do not use Your brainCloud data other than as described in this Privacy Policy and the Terms of Use.You may cancel Your account at any time by request to brainCloud Support Personnel via support@getbraincloud.com or via the chat widget. Deleting Your account will cause all the data in the account to be permanently deleted from our systems within a reasonable time period, as permitted by law and will disable Your access to any other services that require a brainCloud account. We will respond to any such request, and any appropriate request to access, correct, update or delete Your personal information within the time period specified by the appropriate law (if applicable) or without excessive delay. We will promptly fulfill requests to delete personal data unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law).We encourage You promptly to update Your personal information when it changes. Information concerning Your past behavior with the Service may be retained by brainCloud as long as necessary for the purposes set out below.RETENTION OF YOUR INFORMATIONWe retain information for active brainCloud Accounts as long as it is necessary and relevant for our operations. In addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce the brainCloud Terms of Service and take other actions as permitted by law.The information we retain about You will be handled in accordance with this Privacy Policy during the maximum terms permitted by the appropriate law, and will exclusively be used for the purposes described in sections above. After those terms, Your information will be fully deleted or, alternatively, will be anonymized.If You consider that any use of Your data might breach any of Your rights, You can lodge a complaint at any time by opening a support ticket from our Help centre or, alternatively, by filing a complaint before the appropriate competent Control Authority.

Section 6 – Web Site Navigational Information

brainCloud uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as You navigate its Web site (“Web Site Navigational Information”). This section describes the types of Web Site Navigational Information that may be collected on brainCloud’s Web site and how this information may be used.

Cookies – brainCloud uses cookies to make interactions with its Web site easy and meaningful. When You visit the brainCloud Web site, brainCloud’s servers send a cookie to Your computer. Standing alone, cookies do not personally identify You. They merely recognize Your Web browser. Unless You choose to identify Yourself to brainCloud, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a “Contact Me” or a “30 Day Free Trial” Web form), You remain anonymous to brainCloud. brainCloud uses cookies that are session-based and persistent-based. Session cookies exist only during one session. They disappear from Your computer when You close Your browser software or turn off Your computer. Persistent cookies remain on Your computer after You close Your browser or turn off Your computer.If You have chosen to identify Yourself to brainCloud, the company uses session cookies containing encrypted information to allow it to uniquely identify You. Each time You log into the brainCloud Services, a session cookie containing an encrypted, unique identifier that is tied to Your account is placed Your browser. These session cookies allow brainCloud to uniquely identify You when You are logged into the brainCloud Services and to process Your online transactions and requests. Session cookies are required to use the Services.brainCloud uses persistent cookies that only the Company can read and use to identify browsers that have previously visited the Company’s Web site. When You purchase the Services or provide the Company with personal information, a unique identifier is assigned You. This unique identifier is associated with a persistent cookie that the Company places on Your Web browser. The Company is especially careful about the security and confidentiality of the information stored in persistent cookies. For example, brainCloud does not store account numbers or passwords in persistent cookies. If You disable Your Web browser’s ability to accept cookies, You will be able to navigate the Company’s Web site, but You will not be able to successfully use the Services.brainCloud may use information from session and persistent cookies in combination with Data About brainCloud Customers to provide You with information about the company and the brainCloud Services.

Web Beacons – brainCloud uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors’ usage of the company’s Web site and interaction with e-mails from the company. Web beacons are clear electronic images that can recognize certain types of information on Your computer, such as cookies, when You viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, brainCloud may place Web beacons in marketing emails that notify the company when You click on a link in the e-mail that directs You to one of the company’s Web sites. brainCloud uses Web beacons to operate and improve the its Web site and e-mail communications.brainCloud may use information from Web beacons in combination with Data About brainCloud Customers to provide You with information about the company and the brainCloud Services.

Flash Cookies – brainCloud may use local shared objects, also known as Flash cookies, to store Your preferences or display content based upon what You view on our site to personalize Your visit. Third parties, with whom the Company partners to provide certain features on our site or to display advertising based upon Your Web browsing activity, use Flash cookies to collect and store information.Flash cookies are different from browser cookies because of the amount of, type of, and how data is stored. Cookie management tools provided by Your browser will not remove Flash cookies.

IP Addresses – When You visit brainCloud’s Web site, the company collects Your Internet Protocol (“IP”) addresses to track and aggregate non-personal information. For example, brainCloud uses IP addresses to monitor the regions from which Customers and Visitors navigate the company’s Web site.Third Party Cookies – From time-to-time, brainCloud engages third parties to track and analyze usage and volume statistical information from individuals who visit its Web site. brainCloud may also use other third-party cookies to track the performance of company advertisements. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after the company receives it.brainCloud may also contract with third-party advertising networks that collect IP addresses and other Web Site Navigational Information on the Company’s Web site and emails and on third-party Web sites. Ad networks follow Your online activities over time by collecting Web Site Navigational Information through automated means, including through the use of cookies. They use this information to provide advertisements about products and services tailored to Your interests. You may see these advertisements on other Web sites. This process also helps us manage and track the effectiveness of our marketing efforts.

Section 7 – Public Forums, Refer a Friend, and Customer Testimonials

brainCloud may provide bulletin boards, blogs, or chat rooms on its Web site. Any personal information You choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send You unsolicited messages. brainCloud is not responsible for the personal information You choose to submit in these forums.brainCloud may post a list of Customers and testimonials on the company’s Web site that contain information such as Customer names and titles. brainCloud obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.Section 8 – Sharing of Information CollectedbrainCloud may share Data About brainCloud Customers with the company’s service providers so that these service providers can contact Customers and Visitors who have provided contact information on our behalf. brainCloud may also share Data About brainCloud Customers with the Company’s service providers to ensure the quality of information provided. Unless described in this privacy statement, brainCloud does not share, sell, rent, or trade any information provided with third parties for their promotional purposes.From time to time, brainCloud may partner with other companies to jointly offer products or services. If You purchase or specifically express interest in a jointly-offered product or service from brainCloud, the Company may share Data About brainCloud Customers collected in connection with Your purchase or expression of interest with our joint promotion partner(s). brainCloud does not control our business partners’ use of the Data About brainCloud Customers we collect, and their use of the information will be in accordance with their own privacy policies. If You do not wish for Your information to be shared in this manner, You may opt not to purchase or specifically express interest in a jointly offered product or service.brainCloud uses a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on brainCloud’s behalf.brainCloud reserves the right to use or disclose information provided if required by law or if brainCloud reasonably believes that use or disclosure is necessary to protect the company’s rights and/or to comply with a judicial proceeding, court order, or legal process.

Section 9 – International Transfer of Information Collected

To facilitate brainCloud’s global operations, the Company may transfer and access Data About brainCloud Customers from around the world. This Privacy Statement shall apply even if brainCloud transfers Data About brainCloud Customers to other countries.

Section 10 – Communications PreferencesbrainCloud offers Customers and Visitors who provide contact information a means to choose how brainCloud uses the information provided. You may manage Your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the company’s marketing emails. Additionally, You may send a request specifying Your communications preferences to support@getbraincloud.com. Customers cannot opt out of receiving transactional emails related to their account with brainCloud or the brainCloud Services.

Section 11 – Correcting and Updating Your Information

Customers may update or change their registration information by logging in to their accounts at getbraincloud.com. Requests to access, change, or delete Your information will be handled within thirty (30) days.Section 12 – SecuritybrainCloud uses appropriate administrative, technical, and physical security measures to protect Data About brainCloud Customers.Section 13 – Changes to this Privacy StatementbrainCloud reserves the right to change this Privacy Statement. brainCloud will provide notification of the material changes to this Privacy Statement through the Company’s Web site at least thirty (30) business days prior to the change taking effect.Section

14 – Contacting Us
If You have questions or complaints regarding our Privacy Statement or practices, please contact us by e-mail to our privacy officer at privacy@getbraincloud.com or by mail at 1309 Carling Avenue, Ottawa, Ontario, K1Z 7L3, Canada.

Acceptable Use Policy

Your use of the brainCloud Services are subject to this Acceptable Use Policy. brainCloud reserves the right to terminate Your account and cease all service if You are found to be in violation of this policy. We may change these policies at any time. It is Your responsibility to keep up-to-date with and adhere to them. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.Last Updated: 18-May-2018

Section 1 – Prohibited Content

The Content displayed and/or processed through Your Application or other web site utilizing the brainCloud Services shall not contain any of the following types of content:Content that infringes a third party’s rights (e.g., copyright) according to applicable law;Excessively profane content;Hate-related or violent content;Content advocating racial or ethnic intolerance;Content intended to advocate or advance computer hacking or cracking;Other illegal activity, including without limitation illegal export of controlled substances or illegal software;Drug paraphernalia;Phishing;Malicious content; orOther material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.

Section 2 – Prohibited Actions

You agree not to, and not to allow third parties (including End Users) to use the brainCloud Service:to violate, or encourage the violation of, the legal rights of others (for example, this may include allowing End Users to infringe or misappropriate the intellectual property rights of others);to engage in, promote or encourage illegal activityfor any unlawful, invasive, infringing, defamatory or fraudulent purpose (for example, this may include phishing, creating a pyramid scheme or mirroring a website);to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;to interfere with the use of the brainCloud Services, or the equipment used to provide the Service, by customers, authorized resellers, or other authorized users;to collect or store any personally identifiable information from other persons of the service without their express permission;to disable, interfere with or circumvent any aspect of the brainCloud Service; orto generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations commonly known as “spam”.