By using the Network Management System located at http://creator.pultavi.com (the “Dashboard”) and providing your data to Laveria Media Inc., you, individually and on behalf of your employer (collectively, “you” or “Customer”) agree to be bound by these Terms of Service (this “Agreement”). The Services are defined as your access to the Dashboard and the information you receive from Pultavi through the Dashboard (the “Services”).
This Agreement sets out the legally binding terms for your use of the Services and may be modified by Pultavi from time to time in its sole discretion. Any modifications shall be effective upon posting by Pultavi on the Dashboard.
The Services are solely for access and use by Authorized Users (as defined below). By using the Services, you represent and warrant that you (a) have the right, authority, and capacity to enter into this Agreement and (b) will abide by all of the terms and conditions of this Agreement. If you have agreed to become a paying customer for the Services, then your eligibility to use the Services shall be contingent on your continued compliance with the terms of the applicable purchase agreement and this Agreement. If you have not agreed to become a paying customer for the Services, your use of the Dashboard is still subject to this Agreement.
Pultavi shall authorize individual employees of Customer as designated by Customer from time to time (each an “Authorized User”), who will have access to the Services. You will also be asked to choose a username and a password for each Authorized User. Pultavi may change any username and password for any Authorized User at any time, with notice to Customer following any such change. Each Authorized User must use his or her own username and password and shall not disclose them to anyone else. Customer shall immediately notify Pultavi of any unauthorized disclosure. Customer is responsible for (a) each Authorized User’s compliance with this Agreement and (b) any employee of Customer, any person to whom Customer has given access to the Services and any person who gains access to Customer’s Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
This Agreement will remain in full force and effect while Pultavi offers the Services and/or you are a Customer using the Services. Either party may terminate this Agreement for any reason, at any time. After this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17, and any other Section that by its nature survives termination.
4. Availability of and Access to Services.
Pultavi will attempt to provide continuous availability and access to Services. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the Customer. These outages could be due to third parties that the Service depends on, such as, but not limited to Amazon AWS or other third party service providers. Also while we will make commercially reasonable attempts to backup all Customer data, in the event of recovery from disaster, the Customer may have to reconfigure the Service to get it back to the state it was in before the outage. Mingle is hosted by a third party hosting service provider. Pultavi and its third party service providers have implemented and maintain commercially reasonable technical and organizational security measures designed to meet the following objectives: (a) ensure the security and confidentiality of Customer data in Pultavi' and/or its third party service providers' custody and control; (b) protect against anticipated threats or hazards to the security or integrity of Customer data; (c) protect against unauthorized access to or use of Customer data; (d) encrypt Customer's Content and data during transmission by Pultavi and its third party service providers and when being uploaded by Customer for use in connection with the Services using an https connection; and (e) ensure that Pultavi' return or disposal of Customer data is performed in a manner consistent with the foregoing. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures to access your data for improper purposes. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
5. Proprietary Rights in Content of Pultavi.
The Services contain the copyrighted material, trademarks, patents, trade secrets, and other proprietary information (“Intellectual Property”) of Pultavi and its suppliers and licensors. Pultavi and its suppliers and licensors own and retain all proprietary rights in the Services, including all Tools. “Tools” include functionality provided through the Services that supports Project Management, Release Planning, Requirements Management, Tracking & Reporting, Project Collaboration and Program & Cross Project Management and any similar functionality, including any improvements, modifications, or derivative works to any of the foregoing. Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or otherwise use any such Intellectual Property and the provision of such Intellectual Property to you through the Services does not transfer to you or any third party any rights, title or interest in or to such Intellectual Property, including, without limitation, any intellectual property rights in any content and material included therein. You may not: distribute, sub-license, translate, reverse-engineer, decompile, or disassemble the Services or Intellectual Property or the source code thereof, or attempt to derive the source code thereof in any other way, save and only to the extent any foregoing restriction is prohibited by applicable law; modify the Services or Intellectual Property or merge all, or any part, of the Services or Intellectual Property or the source code thereof into another program; or remove, modify or alter any Pultavi’ Intellectual Property from any part of the Services or Intellectual Property or the source code thereof. Pultavi grants you a perpetual, unlimited, worldwide, fully-paid, royalty-free license to copy, use and make derivative works of the Output of the Services, and to make any other use of or perform any other act upon the Output that an owner would be entitled to do. “Output” means all information available, reported, downloaded or otherwise compiled from, the Services, including without limitation data, images, and reports generated by or for the Customer.
6. Customer Information Provided to Pultavi.
Customer will retain all Intellectual Property rights in Customer Intellectual Property that may be provided by Customer to Pultavi (“Customer Property”) under this Agreement. Pultavi will not publicly disclose any Customer-specific information but may disclose aggregated and de-identified customer information related to the Services for promotional purposes, such as project summary and high-level outcomes of the Services. You understand and agree that Pultavi may copy, use and modify any information that you provide to Pultavi, including all suggestions supplied by you that relate to the Services (collectively, “Content”) for the sole purposes of providing the Services to you and to improve the quality of Pultavi products and services. Furthermore, you hereby agree that Pultavi shall have an unlimited, royalty-free, worldwide and perpetual license to use, copy, distribute, practice and make derivatives works of, under any intellectual property rights you may have, including but not limited to copyrights, trademarks, trade secrets and patents, all suggestions supplied by you to Pultavi. By providing Content to Pultavi, you represent and warrant that you have the right to provide such Content to Pultavi and such Content does not infringe, misappropriate, violate or contravene any laws, regulations or third party rights (including, without limitation, any rights in Intellectual Property).
7. Use of Services.
You must use the Services in a manner consistent with any and all applicable laws and regulations. Pultavi and its suppliers use reasonable efforts to protect the confidentiality of Content you provide. Pultavi cannot guarantee that unauthorized third parties will never be able to defeat those measures to access content for improper purposes. Customer acknowledges that there are risks inherent in Internet connectivity that could result in the loss of Customer’s privacy, confidential information and property. Customer also acknowledges that Customer is under no obligation to provide Customer’s confidential information in order to use the Service.
To the extent permitted under applicable laws, the Services are provided “As-is” and as available, with no warranty of any kind, and Pultavi, on behalf of itself and its licensors and suppliers, expressly disclaims any warranty and conditions of any kind, whether express or implied, including, but not limited to, the warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement and Pultavi and its suppliers and licensors do not guarantee and do not promise any specific results from the use of the Services. The Services are intended as a data monitoring and collaboration tool and Customer’s use of, and reliance upon, same are Customer’s sole responsibility, with Customer assuming all associated risks.
9. Limitation of Liability.
Pultavi shall have no liability to Customer under this Agreement, it being acknowledged and agreed that Pultavi’ provision of the Services is provided solely for the convenience of Customer. If the foregoing limitation of liability is found to be unenforceable, Pultavi’ liability to Customer for any cause of action arising from its use of the Services or under this Agreement, and regardless of the form of the action, will at all times be limited to the greater of (1) any amount paid by Customer to Pultavi for the Services during the twelve (12) months preceding such cause of action; and (2) Fifty U.S. Dollars (US$50). Except for breach of the restrictions in Section 5 and in relation to the indemnity in Section 13, Customer’s liability to Pultavi for breach of this Agreement shall not exceed the amount paid or agreed to be paid by Customer to Pultavi for the Services during the twelve (12) months preceding such cause of action. Notwithstanding anything to the contrary contained herein, this Agreement shall not limit or exclude either party’s liability for gross negligence or intentional misconduct of a party or its agents or employees, or for death or personal injury. The parties agree that the limitations on and exclusions of liability in this Agreement were freely negotiated and are an integral part of the bargain, in that the Services would not have been available for the same price and under the same terms and conditions had such limitations on and exclusions of liability not been included in this Agreement.
Pultavi ("us", "we", or "our") operates http://creator.pultavi.com (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site.
We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information").
Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet
Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.