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Terms of Use

Last updated: January 18, 2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://corraldata.com website or the CorralData platform (the “Service”) operated by CorralData (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

General Terms

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of CorralData and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by CorralData.

CorralData has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that CorralData shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

User Accounts

End User shall ensure that only Authorized Users can access the Services. User accounts may not be shared among individuals or used to provide access to the Services to individuals who are not the individual associated with the corresponding user account.

Governing Law

This agreement will be governed, construed, and enforced in accordance with the laws of the State of New York, without regard to its conflict of laws rules.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Trial Terms

Purpose of Data Sharing

CorralData Inc.(“Company”) is granting (“Customer”) access to the CorralData platform for the purpose of platform evaluation, while Customer is granting any relevant platform access to CorralData, Inc. for the purposes of making a determination as to whether the CorralData platform will be sufficient for Customer ‘s current needs (the “Purpose”).

Evaluation Period

The evaluation shall commence upon the initial day of platform access and continue for a period of 30 days (“Evaluation Period”).

Subscription Fees

CorralData Inc. acknowledges and agrees that it is furnishing the Software to Customer in consideration of Customer’s potential purchase and licensing of the Software from CorralData Inc. under a license and services agreement, the terms of which will be negotiated by the Parties in the event that Customer elects to move forward with the Software, and in further consideration of the opportunity to demonstrate to Licensee the capabilities of the Software. To that end, subscription fees for up to 3 data sources will be waived during the Evaluation Period to allow for evaluation of the Software.

Platform Access

CorralData Inc. hereby grants to Customer a non-exclusive, non-sublicensable, non-assignable, royalty-free, and worldwide license to access and use the Software solely for Customer’s internal business operations in accordance with the terms of this agreement during this evaluation period. Any custom reporting, and/or POS, ERP, and custom platform integrations are not included during the course of this evaluation period.

Termination on Notice

Either party may terminate this agreement for any reason on 7 business days’ notice to the other party.

Representation

CorralData Inc. warrants to Customer that

  • it has all necessary authority to enter into this agreement and license the Software, and
  • to the best of its knowledge, the Software does not infringe any intellectual property rights of any third party.

No Warranty

  • “As-Is”. Unless otherwise listed in this agreement, the Service is provided “as is,” with all faults, defects, bugs, and errors.
  • No Warranty. Unless otherwise listed in this agreement,
    1. CorralData Inc. does not make any warranty regarding the Service, which includes that
    2. CorralData Inc. disclaims to the fullest extent authorized by Law any and all warranties, whether express or implied, including any implied warranties of integration, merchantability or fitness for a particular purpose.

Ownership

Licensor Ownership

CorralData Inc. owns and retains all right, title, and interest, including all intellectual property rights, in and to the Software and all technologies related thereto, including any and all algorithms or processes developed by CorralData Inc. and all derivatives, modifications, or improvements of or to any of the foregoing made by or for CorralData Inc., whether or not created or developed in connection with the Services.

Customer Ownership

Customer owns and retains all right, title, and interest, including all intellectual property rights, in and to

  1. the Customer data; and
  2. all data and reports provided to Customer by CorralData Inc. prepared based on analysis of the Customer data, subject to CorralData Inc.’s underlying rights in the Software.

Derivative Works

Customer hereby grants to CorralData Inc. a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, perpetual, and irrevocable right and license to use data derived from analysis of Customer usage of CorralData in aggregated or de-identified form for the purposes of providing and improving CorralData Inc.’s products and services.

Feedback

If Customer provides any feedback, comments, and suggestions to CorralData Inc. regarding the Software during the Evaluation Period (“Feedback”), such Feedback shall expressly exclude any and all Customer Confidential Information contained therein. Notwithstanding the foregoing, Customer shall have no obligation to provide Feedback to CorralData Inc., and for the avoidance of doubt, Customer is providing the Feedback “as is” without warranty of any kind. CorralData Inc.’s use of the Feedback shall be at CorralData Inc.’s sole and exclusive risk, and Customer will have no liability whatsoever in connection with the Feedback.

Statistical Information

CorralData Inc. may anonymize Customer Data to compile statistical information related to the performance of the Service for purposes of improving the Service, but only if such information does not identify the data as Customer or otherwise include the identity of Customer’s customers.

Confidentiality Obligations

Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose customer, business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Platform. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Platform (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Platform or as otherwise permitted herein) or divulge to any third person any such Proprietary Information.  The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.  Should the Evaluation Period conclude without the effectuation of a new agreement between the parties, the Receiving Party, agrees to return to Customer all Customer Proprietary Information no later than ten (10) days following termination of this agreement.

Data Processing Agreement

Our Data Processing Agreement may found at https://corraldata.com/data-processing-agreement/