Terms of Service
The Terms of Service ("Agreement") is a contract between you and Cosight ("Cosight", "we", "us", "our", the "Company"). You must read, agree, and accept all of the terms and conditions in this Agreement in order to use our website, www.cosight.app ("Site") and any of our services. We reserve the right to modify this Agreement at any time. If you continue to use our Site or services after the effective date of such a revision you effectively accept the revised terms.
YOU UNDERSTAND AND AGREE THAT BY CHECKING THE "I agree to the Terms of Service" BOX AND CLICKING THE "SUBMIT..." BUTTON, OR BY USING OUR SITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY YOU MAY NOT USE OUR SITE OR OUR SERVICES. IF YOU ACCEPT THIS AGREEMENT ON BEHALF OF AN ENTITY THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE PROPER AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN SUCH A CASE "YOU" AND "YOUR" WILL REFER AND APPLY TO THE ENTITY YOU REPRESENT.
1. The Cosight Website
1.1 Purpose of the Site
The Site was created to give people a fast, free, and simple way to get personal or professional feedback from anyone. The Site is also built for teams who want to perform at a higher level.
The Site is only available to legal entities or persons who are at least 18 years of age. You covenant that you are not:
2. General Policies
2.1 User Content Transmitted Through our Site
2.1.b You agree that any questions, comments, concerns, ideas, feedback, advice, or any other information provided to you by the Company is non-confidential and we are entitled to their unrestricted use for any purpose without acknowledgement or compensation to you, or consultation with you.
2.1.c You agree that we may preserve your User Content and may also disclose your User Content if required to do so by law or in good faith that such preservation or disclosure is needed to:
You accept that the processing and transmission associated with our Site may involve transmission over various networks and changes may be required to conform to the requirements of connecting devices or networks.
2.1.d Your security and privacy are of utmost importance to us. However, we are not a HIPPA Business Associate, nor is our Site HIPPA-compliant, and it should not be used to store any protected health information ("PHI"). By using our Site you agree that you will not upload or store any documents containing PHI. Uploading or storing any document containing PHI is a direct violation of this Agreement.
2.2 Identity and Account Security
If you are a registered user of our Site you accept sole responsibility for ensuring the security and secrecy of your login password. You agree to not disclose this password and are solely responsible for any use of or action taken through the use of your password on our Site. You must notify the Company immediately if you suspect that your password has been lost or stolen. By using your account on our Site you agree that our account security procedures are reasonable.
You agree not to access the Site by any means other than the interface provided, and you will not use information from the Site for any other purpose than that for which it has been made available. You are solely responsible for any content you upload or email through our Site, or email us directly.
3. Payment Terms, Payment Methods, and Invoices
The Company charges a fee for products and services. All such fees are non-refundable, unless otherwise noted in this Agreement.
If a customer fails to pay amounts due for any reason, the customer's account may be suspended and all services stopped. The customer must reimburse the Company upon demand plus all applicable processing fees, charges, penalties, and interest up to the maximum allowed by law. At our discretion we may make appropriate reports to credit agencies and law enforcement authorities. We may also cooperate with law enforcement agencies in resulting investigation or prosecution.
3.3 Holds on Funds
In cases of fraud or abuse of this Agreement, all monies owed to the Company by that customer may be held or reclaimed, not just those connected to the customer case under investigation.
3.4 Payment Methods
You hereby authorize us to run credit card authorizations on all credit cards you provide us, to store credit card details as your method of payment for Services, and to charge your credit card when mutually agreed upon as your method of payment.
4. Warranty Disclaimer
IN NO CASE WILL WE BE LIABLE FOR ANY COSTS OR LOSSES SUCH AS BUT NOT LIMITED TO INDIRECT COST, LITIGATION COST, LOSS OF DATA, LOSS OF PRODUCTION, OR LOSS OF PROFIT. WE MAKE NO CLAIMS OF PROFIT INCREASES, COST REDUCTIONS, INTERVIEW OR JOB GUARANTEES, OR INCREASED SALES VOLUME OR REVENUE.
By using our Site you do hereby agree to indemnify the Company, defend and hold harmless the Company from any claims or damages that may arise from the actions of any of our agents, affiliates or other third-parties.
6. Term and Termination
The term of this Agreement commences on the date of acceptance of this Agreement and continues in full effect until terminated in accordance with section 6.2.
Either party may terminate this Agreement at any time effective immediately upon written notice to the other party, or by terminating your account, provided that such termination will not affect existing payment contracts.
6.3 Rights of Termination
The Company reserves the right to cancel or terminate any projects or subscribtions for any reason at any time. At such a time the customer will receive a pro-rated refund of the current period subscribtion fees already paid, unless the customer owes the Company some amount. In this case the debt will first be paid before any refunds are processed.
6.4 Consequences of Termination
Termination of this Agreement will not absolve the customer of the requirement to pay for services rendered prior to the effective date of the termination and the cost of such services will be charged to the customer's credit card as mutually agreed to prior to the effective date of termination.
7.1 Prevailing Language
The English version of this Agreement will be controlling in every respect and will prevail in the case of any inconsistency.
8. Your Privacy
9. California Users
Under California Civil Code Section 1789.3, users of our Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at firstname.lastname@example.org