Policies

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General

This Privacy Policy outlines C’S|3 Consultancy Corp Systems Inc.’s (“C’S|3 Consultancy Corp”, “we” or “us”) practices with respect to collecting, using and disclosing information when providing our online services (collectively, the “Services”) and constitutes an integral part of C’S|3 Consultancy Corp’s Terms of Service (“Terms”, and collectively, the “Agreement”).

Our Services are designed to help Users and vendors (e.g. HR professionals, B2B partners, sales platforms) validate and verify contact information and to find business profiles they seek in order to interact with relevant Contacts (as defined below), through access to business profiles retained in C’S|3 Consultancy Corp’s database (“C’S|3 Consultancy Corp Database”).

The information provided by C’S|3 Consultancy Corp is not directly created by C’S|3 Consultancy Corp but rather is retrieved from the web, public sources or from the contribution of relevant data from other users and business partners.

We respect your privacy and are committed to protecting the privacy and security of

(i) Individuals’ business information, such as email address, name and telephone number (each individual, a “Contact”), which publicly available and is collected and retained in the C’S|3 Consultancy Corp Database (“Business Profile(s)”); and

(ii) Our users who download, install or use the C’S|3 Consultancy Corp browser extension ( “Plugin”) or access the C’S|3 Consultancy Corp’s website ( “Site”) (each, a “User”).

The term “you” shall refer to Users or Contacts, as applicable.

We encourage you to read the Privacy Policy carefully and use it to make informed decisions.

In this Privacy Policy you will read about:

• C’S|3 Consultancy Corp Database
• What type of information we collect
• Cookies
• How we use the information we collect
• Sharing the information with third parties
• Marketing
• How do we safeguard your information
• How to contact us

C’S|3 Consultancy Corp database

The Business Profiles we collect from publicly available sources and from our trusted business partners are stored in the C’S|3 Consultancy Corp Database. Our algorithms process this information in order to identify the most up-to-date information related to each profile.

In addition, The C’S|3 Consultancy Corp Database includes Business Profiles relating to individuals, which were lawfully obtained by C’S|3 Consultancy Corp from business partners who own established and legitimate directories or from publicly available sources.

We may use and share Business Profiles with our Users when they use our Plugin online for the purpose of validating and authenticating online identities by finding relevant data related to a specific individual.

We may also disclose to our vendors and business partners (or permit their access to) Business Profiles retained in the C’S|3 Consultancy Corp Database for the purpose of ensuring that their current data is up to date, enriching it and allowing our partners to obtain relevant Business Profiles for employment, commercial and business opportunities.

If you prefer that we will not share your Business Profile with our Users, vendors or business partners, you may opt-out by filling in your relevant details here. In this case, we shall not continue to use or disclose your Business Profile. To learn more on our commitment to respect your rights in accordance with applicable privacy and data protection regulations, please see “Your Rights Regarding Your Personal Information” below.

The following information is not collected to the C’S|3 Consultancy Corp Database: any information which is shared with us by our Users when downloading or using our Plugin, Salesforce App, or accessing and registering on our Site.

Specifically – If a User chooses to connect its Salesforce account to the C’S|3 Consultancy Corp Salesforce App, C’S|3 Consultancy Corp will not collect information associated with such use.

In order to provide our service and match the relevant information from our database with applicable profiles Users view on supported sites, we need to read certain words (such as full name and company name of the Contacts).

We store the data in our servers temporarily and delete it after providing the Users with the service. This data is not added to our database. C’S|3 Consultancy Corp does not store browsing history or data.

What type of information we collect

As explained in detail below, we collect two main types of information. The first type (i.e. “Business Profiles”) is used to enrich the C’S|3 Consultancy Corp Database and allow us to share Business Profiles with our Users, vendors and business partners. The second type of information (i.e. “User’s Data”) is mainly collected to allow Users to use our Plugin and other related services and products. The information in the C’S|3 Consultancy Corp Database is collected and processed based on our legitimate interest in providing our Services.

The information of our Users is collected and processed based on (i) Users’ consent; (ii) in order to perform a contract; and (iii) to fulfill our legitimate interest.

Business Profiles

We collect Business Profiles which are related to Contacts from different public sources and from our trusted business partners in order to enhance, optimize and enrich the C’S|3 Consultancy Corp Database and make it current and up to date as possible, thus allowing us to provide our Services. We collect information from the following third-party sources: (i) third parties who license, sell or otherwise provide data they have collected; or (ii) information from publicly available sources, such as via the Internet and social networks, including through public or licensed APIs. For example, we use open web services and APIs to complete and update the information we have about Contacts and enrich it (e.g. by adding links to Contacts’ verified social network profiles), in order to allow our Users and vendors to find relevant Business Profiles.

We do not add to the C’S|3 Consultancy Corp Database any Business Profiles or any other information which is shared with us by our Users when downloading or using our Plugin or accessing our Site.

User’s Data

We collect two categories of information from our Users:

The first category of information is unidentified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Services (“Non-personal Information”). We are not aware of the identity of the User from which the Non-personal Information was collected. Such information includes the following:

(a) We collect technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time and the domain name from which you linked to the Services; etc.), in order to enhance the functionality of the Services and to provide you with a better user experience.

(b) We may also collect information about your use of the Services, such as log files, time stamps, alerts, etc. This information is collected for amongst other things troubleshooting errors and bugs as well as for research and analytics purposes about your use of the Services.

(c) We may anonymize or de-identify the information collected by the Services or via other means so that the information cannot, on its own, personally identify you. Our use and disclosure of such aggregated or de-identified information are not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation and for any purpose.

The second category of information is information about you that specifically identifies you or when combined with other information we have, can be used to identify you. Such information is collected as part of the following activities and includes the following items:

(a) User activity (e.g. pages viewed, browsing activity, page viewed, etc.),

(b) Location (e.g. country or origin, we do not collect your specific location);

(c) In order to download our Plugin, you will be required to register for the Services (e.g. through our Site). As part of the registration process, we will collect your full name, email address, and telephone number. In addition, when you upgrade and purchase our paid version of the Plugin you will be requested to enter your payment information (e.g. your credit card number, PayPal account, etc.). We do not collect such information directly and the processing of such payment information is made by our trusted third party service providers.

(d) When you register or connect the Site or Services with your social network account (each a “Platform”), we may have access to basic information about you from such Platform, such as your name, home address, email address, contact list, as well as any other information you made publicly available on such Platform or agreed to share with us. At all times, we will abide by the terms, conditions, and restrictions of such Platforms. If you wish to use our emailing services, we will allow you to gain access to additional information on individuals interacting with you via your email account, for authenticating and verification purposes, directly through the Plugin (“Email Services”), which will enable us to access your contacts and email account solely for the purpose of enabling the Email Services

(e) We collect information which you provide us voluntarily. For example, when you respond to communications from us, performing a purchase through our Site, communicate with us via email or the Site or share additional information about yourself or about others through your use of the Services.

(f) If you agree to use C’S|3 Consultancy Corp’s referral service to invite friends to use C’S|3 Consultancy Corp, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting them to visit the Site and install the Plugin.

We do not add to The C’S|3 Consultancy Corp Database any information which is shared with us by our Users when downloading or using our Plugin or accessing our Site.

Cookies

A cookie is a small data file that is sent to your device when you first visit a website. Cookies usually include an identification number that is unique to the device you are using. Such identifiers can help us better understand our Users and how they are using the Site and the Services.

Cookies also enable the recognition of a User when they re-visit the Site, keeping their settings and preferences and ability to offer customized features. If you prefer, however, at any time you can reset your browser, so it refuses all cookies or notifies you when a cookie is being sent.

The Services may implement the following types of cookies: (i) cookies implemented by us for the purposes described above (“First Party Cookie”); and (ii) third party cookies which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.

You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Services may not operate properly, and your online experience may be limited.

How do we process and use the information?

We use the information we collect in the ways and for the purposes described above. We may also use such information in the following ways, and for additional purposes, as follows:

Business Profiles

We use Business Profiles which are related to Contacts for the following purposes:

• To enable our Users, trusted vendors and business partners to access the Business Profiles retained in the C’S|3 Consultancy Corp Database (e.g. through API) for the purpose of providing our Service;
• To enrich C’S|3 Consultancy Corp Database with current and up to date Business profiles;
• To respond to Contacts’ inquiries, support request, feedback or questions;
• To detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services;
• To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.

User’s Data

We use User’s Data for the following purposes:

• To verify User’s registration to the Services and approve User’s email address;
• To provide our Services and help Users in finding relevant Business Profiles when using top social network websites;
• To respond to User’s inquiries, support requests, feedback, or questions.
• To manage User’s account and provide Users with customer support;
• To identify and authenticate User’s access to the Services;
• To detect and prevent fraudulent and illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services;
• To communicate with Users and to keep them informed of our latest updates, upgrades, and products;
• To perform research or to conduct analytics in order to improve and customize our Services to Users’ needs and interests; and
• To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.

Sharing information with third parties

We may share information with third parties in the ways and for the purposes described above. We may also share and disclose such information, if we believe in good faith that such disclosure is necessary or required: (i) to comply with a law, regulation, governmental or securities exchange requirement, court order, a judicial proceeding, or legal process, such as a subpoena or a search warrant; (ii) to address a violation of the law; (iii) to investigate fraud or criminal activity, and to protect our rights or those of our affiliates, vendors and Users, or as part of legal proceedings affecting or may affect us or our affiliates, vendors or Users; and (iv) to allow C’S|3 Consultancy Corp to exercise its legal rights or respond to a legal claim.

We may also share information in the following ways, and for additional purposes, as follows:

Business Profiles

We share Business Profiles that are related to Contacts with our Users, trusted vendors, and business partners. Specifically, we may disclose to them (or permit their access to) Business Profiles retained in the C’S|3 Consultancy Corp Database for the purposes of ensuring that their prospective or existing Business Profiles are authentic, current, and up to date.

At any time, you may decide to opt out from enabling us to disclose or allow access to your Business Profile information stored on the C’S|3 Consultancy Corp Database by filling in your relevant details here.

We may also share Business Profiles stored in our database with the following recipients: (i) our subsidiaries; (ii) subcontractors and other third-party service providers (e.g. hosting services, etc.); (iii) auditors or advisers of our business processes; and (iv) any potential purchasers or investors in C’S|3 Consultancy Corp.

User’s Data

We may share Business Profiles that are related to Contacts with our Users, trusted vendors, and business partners. Specifically, we may disclose to them (or permit their access to) Business Profiles retained in the C’S|3 Consultancy Corp Database for the purposes of ensuring that their prospective or existing Business Profiles are authentic, current, and up to date.

At any time, you may decide to opt out from enabling us to disclose or allow access to your Business Profile information stored on the C’S|3 Consultancy Corp Database by filling in your relevant details here.

We may also share Business Profiles stored in our database with the following recipients: (i) our subsidiaries; (ii) subcontractors and other third-party service providers (e.g. hosting services, etc.); (iii) auditors or advisers of our business processes; and (iv) any potential purchasers or investors in C’S|3 Consultancy Corp.

Retention

Personal Information will be retained by C’S|3 Consultancy Corp for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it was collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.

If you wish to remove Business Profiles existing in our servers or if you prefer that we will not share your Business Profiles with our Users, vendors, or business partners, you may opt-out by filling in your relevant details here. In this case, we shall not continue to process your Business Profiles.

Please be notified: while we respect the removal of privacy requests, since the C’S|3 Consultancy Corp Database relies on various data sources, including publicly available sources, we may obtain in the future other records of personal data that may be associated with you. In this case, since we have complied with your deletion request, we will not have records regarding your personal data and such additional information may be reintroduced into the C’S|3 Consultancy Corp Database. We recommend you periodically check your profile or the Services to ensure that your then-existed profile or account includes only the Information you chose to have displayed.

How do we safeguard and transfer your information?

We take great care in implementing and maintaining the security of the Services and your information. We employ industry standard procedures and policies to ensure the safety of your information and prevent unauthorized use of any such information.

Since we operate globally, it may be necessary to transfer your Personal Information to countries outside the European Union. In such cases we will transfer your Personal Information only to such countries as approved by the European Commission as providing an adequate level of data protection, rely on our self-certification under the EU-U.S. Privacy Shield Framework, and/or enter into legal agreements ensuring an adequate level of data protection.

If you feel that your privacy was treated not in accordance with our policy, or if any person attempted to abuse our Services or acted in an inappropriate manner, please contact us directly at [email protected].

Minors

The products and services of C’S|3 Consultancy Corp are not targeted to or intended for children under the age of 18. If you are under 18, you may not submit information about yourself to C’S|3 Consultancy Corp. C’S|3 Consultancy Corp reserves the right to modify or remove any information on the Site or Services at its own discretion.

In the event that we become aware that a User is under the age of 18 has shared any information, we will discard such information. If you have any reason to believe that a minor has shared any information with us, please contact us at [email protected].

Marketing

We may use Users’ Personal Information, such as names and email addresses, ourselves or by using our third-party subcontractors for the purpose of providing our Users with promotional materials and newsletters concerning our Services, which we believe may interest them.

Out of respect to their right to privacy, at any time, Users may request to unsubscribe and discontinue receiving marketing offers.

A Note to EU individuals

C’S|3 Consultancy Corp complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (and Iceland, Liechtenstein, and Norway) and Switzerland transferred to the United States pursuant to Privacy Shield. C’S|3 Consultancy Corp has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

C’S|3 Consultancy Corp is subject to the investigatory and enforcement powers of the Federal Trade Commission.

Pursuant to the Privacy Shield Frameworks, EU individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to [email protected]. If requested to remove data, we will respond within a timeframe required under applicable laws.

We will provide an individual opt-out choice, or opt-in for sensitive data before we share your data with third parties other than as described in the privacy policy, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to [email protected].

C’S|3 Consultancy Corp is required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

C’S|3 Consultancy Corp’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, C’S|3 Consultancy Corp remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles unless C’S|3 Consultancy Corp proves that it is not responsible for the event giving rise to the damage.

In compliance with the EU-US Privacy Shield Principles, C’S|3 Consultancy Corp commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at [email protected] or by mail at the address below.

2910 N. Powers Blvd.

Colorado Springs, CO 80922

C’S|3 Consultancy Corp has further committed to refer unresolved Privacy Shield complaints to the Better Business Bureau (BBB) Privacy Shield, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact or visit the BBB Privacy Shield at http://www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint. The services of the BBB Privacy Shield are provided at no cost to you.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 here

C’S|3 Consultancy Corp respects your privacy rights and therefore you may contact us at any time and we shall work diligently to respect your choices and requests regarding your Personal Information. The purpose of the list stipulated below is to allow Users and Contacts to exercise their rights under applicable privacy and data protection regulations:

Your rights

Right of Access: You may request to access your Personal Information and obtain a copy of Personal Information which is being processed by C’S|3 Consultancy Corp. In the event that you request to know what Personal Information is being processed by us, we will provide you with the following information free of charge: purposes of the processing; categories of Personal Information processed; recipient(s) of Personal Information; length of time during which the Personal Information will be stored; your privacy rights; and information on data transfers. Such requests will be made by filling in your relevant details

Right of Rectification: You may request to change, update or complete any missing data we process about you, by contacting [email protected] with your relevant details. Please note that we may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

Right of Erasure: You may at any time withdraw your consent to our processing of your Personal Information. In this case, if there is no overriding legitimate interest for continuing the processing of your Personal Information (e.g. to comply with our legal obligations, resolve disputes, enforce our agreements, etc.) and the Personal Information is no longer necessary in relation to the purpose for which it was originally collected, we will erase your data. Such withdrawal of consent will be made by contacting us at [email protected] with your relevant details.

Right of Restriction of Processing: You may request us to restrict processing of your Personal Information if one of the following applies: (i) the accuracy of the Personal Information is contested by you; (ii) the processing is unlawful; or (iii) if we no longer need the Personal Information. Such requests will be made by contacting us at [email protected] with your relevant details

Right to Data Portability: You have the right to receive Personal Information in a structured, commonly used, and machine-readable format. Such requests will be made by contacting us at [email protected] with your relevant details.

Right to object to processing Data: You have the right to object to processing your data. Such a request will be made by sending an email with your relevant details to [email protected].

If you wish to raise a complaint on how we have handled your Personal Information, please contact us directly at [email protected].

Please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements

If you are not satisfied with our response or believe we are collecting or processing your Personal Information not in accordance with the laws, you can complain to the applicable data protection authority here at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Changes to this policy

C’S|3 Consultancy Corp reserves the right to modify this Privacy Policy from time to time, so please review it regularly. If we make material changes to this policy, we will notify you here, by email or by means of a notice on the Site’s homepage prior to the changes becoming effective.

You are requested to regularly review the Privacy Policy. You hereby declare that your continued use following any changes made to the Services or the Privacy Policy shall constitute your consent to any modified terms.

The following terms and conditions, together with any referenced documents (collectively, “Terms of Use”) are a legal agreement between you and your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your“), and C’S|3 Consultancy Corp, Inc. if your domicile is within the USA, Canada or Mexico, or C’S|3 Consultancy Corp Nederland B.V. if your domicile is within any other country (“C’S|3 Consultancy Corp,” “we,” “us” and “our“). The Terms of Use apply to C’S|3 Consultancy Corp’s Website (as defined below).

IMPORTANT: THESE TERMS OF USE FORM A BINDING CONTRACT BETWEEN YOU AND US WHEN ACCEPTED BY YOU. YOU ACCEPT THESE TERMS OF USE BY (1) ACCESSING OR USING THE WEBSITE, (2) INDICATING ACCEPTANCE OF THESE TERMS WHEN THEY ARE PRESENTED ONLINE, SUCH AS BY CHECKING A BOX CAPTIONED WITH ACCEPTANCE LANGUAGE OR CLICKING AN ICON BEARING AN “ACCEPT” OR SIMILAR LEGEND OR BY OTHERWISE ELECTRONICALLY SIGNING THIS AGREEMENT; OR (3) EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU UNDER THESE TERMS OF USE. THE INDIVIDUAL ACCEPTING THIS AGREEMENT ON BEHALF OF AN ENTITY REPRESENTS THAT HE OR SHE HAS AUTHORITY TO REPRESENT THE ENTITY AND COMMIT FUNDS ON ITS BEHALF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.

The term “Website” means C’S|3 Consultancy Corp public and private websites, web portals, including without limitation those found at the following URLs: www.cees3.com; camplecrm.com csuitestratgies.com; wiki.cess3.com; share.cees3.com; cquence.com; store.cshop.com; charisclarion.com; and developer.cees3.com. The term “Website” does not include the C’S|3 Consultancy Corp Products (as defined below) regardless of the domain name used to access such C’S|3 Consultancy Corp Products.

The Website provides several types of resources, including one or more of the following: areas to interact with the Website and the user community such as message boards, chat rooms, forums, bulletin boards, training modules, user ratings, user reviews, and other related interactive and social features (collectively, the “Community Services“); information, software, text, displays, images, video, audio recordings, and user interfaces included in or generated by the Website, and the design, selection and arrangement thereof, except that provided expressly and conspicuously under a third-party license (collectively, the “Website Content“); product specifications and product documentation (collectively, “Documentation“); software such as application program interfaces, update sets, development tools, code snippets and sample code, not including Apps (defined below), published by C’S|3 Consultancy Corp to permit customization and configuration of C’S|3 Consultancy Corp Products (collectively, “Development Tools“); and non-production instances of the C’S|3 Consultancy Corp Products (“Non-Production Instances“). Your right to use of the Website, including Community Services, Website Content, Documentation, Development Tools and Non-Production Instances, is subject to and conditioned on your acceptance of these Terms of Use.

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. All material changes apply prospectively only. Changes to the dispute resolution procedures set forth in the section titled Governing Law and Jurisdiction shall not apply to disputes for which the parties had actual notice as of the date the change was posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. When accepted by you, the revised Terms of Use automatically revoke any license or other rights that we granted to you under the prior version.

Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must exit the Website.

Access

We reserve the right to terminate or modify the Website including any of its content, in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Website to registered users or another subset of users. You are solely responsible for making all arrangements necessary for you to access the Website.

Accounts

To access portions of the Website or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website, and you hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current and complete. If you choose, or you are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible to us for all activities identified with your account. You agree to immediately notify C’S|3 Consultancy Corp of any unauthorized use of your user name or password or any other breach of security. You must logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. C’S|3 Consultancy Corp has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

C’S|3 Consultancy Corp Products

The “Website” does not include C’S|3 Consultancy Corp Products. “C’S|3 Consultancy Corp Product” means the C’S|3 Consultancy Corp platform and any C’S|3 Consultancy Corp applications or subscription services, including those customarily provided by us only to our paying customers, along with professional services, support, and maintenance, and any other products or services offered for sale by C’S|3 Consultancy Corp. C’S|3 Consultancy Corp Products do not include Non-Production Instances or Apps (as defined below). You must purchase access to C’S|3 Consultancy Corp Products pursuant to a separate subscription or other agreement with C’S|3 Consultancy Corp (“Subscription Agreement“).

1. Use of the Website

Posting

You and other third-party users of the Website may be permitted to post, submit, contribute, publish, display, make a available or transmit to others (hereinafter, “post”) content, materials or hosted applications (collectively, “User Contributions” and together with contributions officially posted by C’S|3 Consultancy Corp, “Contributions“) on or through the Website. Posting permits our customers, partners, developers, prospective customers, employees and other interested parties to share information, exchange ideas, expertise and experience, ask questions, provide solutions, share technology advances and obtain product information. To foster a vibrant, thriving, and friendly community, we may enforce standards for appropriate content and prohibit uses antithetical to the intended community environment. User Contributions are considered non-confidential and non-proprietary, and you hereby grant to C’S|3 Consultancy Corp a perpetual, irrevocable, royalty-free, fully-paid, sub-licensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Contributions that you post for any purpose. We are under no obligation to post or use any User Contributions, and reserve the right to edit or remove User Contributions that violate these Terms of Use in our sole discretion.

To the extent you have purchased support rights under your Subscription Agreement, do not use Community Services for the escalation of support issues. Contact C’S|3 Consultancy Corp Support as provided in your Subscription Agreement.

You are solely responsible for any User Contribution that you post, including its legality, reliability, accuracy and appropriateness. C’S|3 Consultancy Corp is not responsible for (and has no liability with respect to) any User Contribution. You represent and warrant that you own or control all rights in and to the User Contributions that you post and have the right to grant C’S|3 Consultancy Corp and its affiliates the license granted above. You represent and warrant that all of your User Contributions do and will comply with these Terms of Use, and you agree to defend, indemnify and hold C’S|3 Consultancy Corp and its affiliates and licensors harmless for any breach of that representation and warranty. Opinions expressed in User Contributions are those of the party posting the User Contribution and do not necessarily reflect the opinion of C’S|3 Consultancy Corp.

Code of Conduct

You agree to comply with the following code of conduct in your use of the Website:

• Be polite and courteous. Respect and treat others as you would expect to be treated yourself.
• Respect your audience. Posts should not upset, annoy, threaten, harass, abuse or embarrass other members.
• User Contributions may not include material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Lively and collegial discussions are always encouraged in a healthy community. It is okay to argue facts but not okay to argue personalities or personal beliefs.
• Do not use text formats such as all caps or bold that may be read as annoying, rude, or send a strong message.
• Avoid using abbreviations or terminology that others may not understand. An abbreviation may mean something to you but in another context or country, it may have another meaning.
• Be accountable for your actions by correcting your mistakes and indicating where you have changed a previous post of yours.

Prohibited Uses

You agree not to access or use the Website in any manner:

• That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
• That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or C’S|3 Consultancy Corp, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the Privacy Policy.
• To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• To monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to you; (b) any data, information or communications on any network or system not owned by you, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) e-mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).
• That is false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, C’S|3 Consultancy Corp or a C’S|3 Consultancy Corp employee; (b) to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
• To use, transmit or introduce: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (b) non-public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.
• For the purposes of recruiting, advertising, solicitation or commercial activities of any kind without the express written consent of C’S|3 Consultancy Corp, including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.
• That may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user’s ability to access, use and enjoy the Website; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without C’S|3 Consultancy Corp’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website, including without limitation the Community Services; and (i) engaging in any activities that results in any server being the target of a denial of service attack.

Notification of Violation

If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you must immediately notify C’S|3 Consultancy Corp via e-mail to [email protected].

C’S|3 Consultancy Corp Disclaimer

We may, but are under no obligation to, monitor or censor comments made by users or content provided by contributors and we are not responsible for the accuracy, completeness, appropriateness or legality of anything posted, depicted or otherwise provided by third-party users and we disclaim any and all liability relating thereto.

2. Non-Production Instances

C’S|3 Consultancy Corp may provide you with temporary access to a non-production instance of the C’S|3 Consultancy Corp Products upon your request to the Website (each a “Non-Production Instance“). Unless subject to a separate click-accept agreement at the time of registration, access to and use of any and all Non-Production Instances shall be governed by these Terms of Use, including without limitation the intellectual property and limitation of liability sections herein. If a click-accept agreement is made available to you at the time of registration for access to C’S|3 Consultancy Corp services or products, then in the event of any conflict between that agreement and these Terms of Use, that agreement shall supersede these Terms of Use to the extent of the conflict.

Subject to compliance with these Terms of Use, C’S|3 Consultancy Corp authorizes you to access and use the Non-Production Instance solely for your own internal use to evaluate the C’S|3 Consultancy Corp Products. C’S|3 Consultancy Corp may update, upgrade, add or remove plugins and functionality, and otherwise modify the Non-Production Instance in its sole discretion without notice to you. Access to C’S|3 Consultancy Corp technical support resources is not provided with a Non-Production Instance.

You may not use the Non-Production Instance with production data or to provide services to others, including services of implementation, customization or configuration of the Subscription Service. You may not transfer, sublicense, distribute or otherwise provide third parties access to any applications, integrations or other material that you develop using the Non-Production Instance. If you need to access the Subscription Service on a production basis or to provide services or develop Apps for others, please contact C’S|3 Consultancy Corp to discuss commercial offerings.

THE NON-PRODUCTION INSTANCE AND OTHER C’S|3 Consultancy Corp CORE TECHNOLOGY (AS DEFINED BELOW) ARE PROVIDED TO YOU UNDER THIS AGREEMENT AT YOUR OWN RISK AND “AS-IS” WITHOUT WARRANTY OF ANY KIND. You shall input only non-sensitive, non-production data into the Non-Production Instance. C’S|3 Consultancy Corp shall have no obligation or liability for or with respect to an Non-Production Instance, including without limitation: warranty, support, reliability, backup, performance or service level, refund, service credits, loss of use or loss of data.

You shall treat your login credentials to, and the contents of (with the exception of data inserted by you), the Non-Production Instance as confidential information and shall not disclose it to any third party. You agree to provide any required disclosures to and obtain any required consents for the transfer of your data to C’S|3 Consultancy Corp in connection with your use of the Non-Production Instance. C’S|3 Consultancy Corp shall not be responsible for compliance with any laws applicable to you and your industry that are not generally applicable to information technology service providers. You agree that C’S|3 Consultancy Corp may collect, use and disclose quantitative data derived from the use of the Non-Production Instance for industry analysis, benchmarking, analytics, marketing, and other business purposes. All data collected, used, and disclosed regarding your use of a Non-Production Instance will be in aggregate form only and will not identify you.

3. Store and Share

The C’S|3 Consultancy Corp Store, the C’S|3 Consultancy Corp Publisher Portal and their related and successor websites (collectively, “Store“), and the C’S|3 Consultancy Corp Share site and its related and successor websites (“Share“), permit registered users, C’S|3 Consultancy Corp partners and C’S|3 Consultancy Corp to review and access Apps developed by the user and partner community. As used herein, “App” shall mean a Contribution, posted by a user, a C’S|3 Consultancy Corp Technology Partner or C’S|3 Consultancy Corp, that is an application, integration, configuration, extension, update set or other material developed using, or for use in connection with, the C’S|3 Consultancy Corp Products or other C’S|3 Consultancy Corp Core Technology. Apps may be downloaded for use on the recipient’s instance or hosted by C’S|3 Consultancy Corp, and may include artifacts such as code and documentation.

You may not post Apps to the Store site unless you have entered into C’S|3 Consultancy Corp’s Technology Partner Program pursuant to a separate written agreement. Such separate agreement shall control over these Terms of Use with respect to your use of the Store to the extent that these Terms of Use are in conflict with the separate agreement.

Several types of Apps may be posted to Store and Share:

“Shared App” means any App provided free of charge on the Share site. Shared Apps may be downloaded or hosted by C’S|3 Consultancy Corp in connection with the recipient’s C’S|3 Consultancy Corp Products. You may not offer paid Apps for subscription or sale on the Share site.

“Conditional Shared App” means any Shared App for which a user must agree to additional or different terms and conditions (“App Conditions“) as a condition to download or access the App.

“Store App” means an App posted to the Store site that is available for a fee or free of charge, and subject to App Conditions.

A “C’S|3 Consultancy Corp App” shall mean an App posted by any employee, agent or contractor acting on behalf of C’S|3 Consultancy Corp, and may be a C’S|3 Consultancy Corp Shared App, C’S|3 Consultancy Corp Conditional Shared App or C’S|3 Consultancy Corp Store App.

All Shared Apps and Conditional Shared Apps posted to Share, and Store Apps posted to Store, are subject to the terms of Section 5 (Posting Apps).

Purchases of Store Apps

Payments and Subscription Term. On the Store site, you may place a non-cancellable and non-refundable (except as expressly set forth herein) order to purchase access to a Store App by clicking the “purchase” button associated with that App on Store. Prices stated on Store, including discounts, are final. Except as expressly set forth in the description of a particular Store App, fees for Store Apps are invoiced at the time you place your order. Each Store App is purchased for a term of twelve (12) months, provided that you have a valid paid subscription to the C’S|3 Consultancy Corp Product(s) required to use the Store App throughout that period. In the event that your subscription to any C’S|3 Consultancy Corp Product required to use the Store App expires, you may not use the Store App until such use rights are reinstated. Your payment obligation provided in this section shall survive expiration or termination of your rights to use any C’S|3 Consultancy Corp Product required to use the Store App. Purchase of a Store App is a continuous and non-divisible commitment for the full duration of its subscription term regardless of the invoice schedule. You may cancel your subscription upon expiration of any Store App subscription term. C’S|3 Consultancy Corp will provide advance notice of each renewal date to the contact information provided by you. Unless you cancel your subscription, Store Apps will automatically renew upon the expiration of each subscription term.

Payments by Credit Card. For purchases by credit card, payment and invoice shall be due upon purchase of the Store App. The credit card you provide for billing purposes will be billed on a monthly basis during the subscription term of the Store App and on any subsequent automatic renewal subscription terms.

Purchases by Invoice. For purchases by invoice, all payments shall be due net thirty (30) days from the date of C’S|3 Consultancy Corp’s invoice, and payments shall be invoiced and made in the currency provided in the invoice. You may issue a purchase order consistent with these Terms of Use, but a purchase order is not required. If you issue a purchase order, then it shall be for the full amount of the purchase as provided on Store, and any additional or conflicting terms appearing in a purchase order shall not amend this Agreement.

Late Payments. Late payments shall accrue interest at a rate of one and one-half percent (1.5%) per month or the legal maximum interest rate, whichever is lower. If you are delinquent in payment of amounts owed hereunder, C’S|3 Consultancy Corp may give notice to you of such delinquency, following which you shall cure the delinquency within thirty (30) days from the date of C’S|3 Consultancy Corp’s written notice. If you fail to cure the delinquency or regain compliance in accordance with the paragraph below, C’S|3 Consultancy Corp may suspend your access to the Store App in addition to other rights and remedies available.

Overuse. C’S|3 Consultancy Corp may remotely review your use of the Store App for comparison with your rights of use, and upon C’S|3 Consultancy Corp’s written request you shall provide any reasonable assistance to verify your compliance with these Terms of Use. If C’S|3 Consultancy Corp determines that you have exceeded your permitted use of the Store App then C’S|3 Consultancy Corp will notify you and within thirty (30) days thereafter you shall either: (a) disable any unpermitted use or (b) purchase additional subscriptions commensurate with your actual use.

Taxes. All prices on Store are stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments including sales and use taxes, value-added taxes (“VAT“), goods and services taxes (“GST“), excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes“). You shall be responsible for and bear Taxes associated with your purchase of, payment for, access to or use of any Store App accessible to you. Taxes shall not be deducted from the payments to us, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, we receive and retain (free from any Tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made. Each party is responsible for and shall bear taxes imposed on its net income. If you are or represent a tax-exempt entity or claim exemption from any Taxes under these Terms of Use, you shall provide a tax exemption number and a certificate to us prior to your purchase and, after receipt of valid evidence of exemption, C’S|3 Consultancy Corp shall not charge you any Taxes from which you are exempt. If we are required to invoice or collect Taxes associated with your purchase of, payment for, access to or use of the Store App, we will issue an invoice to you including the amount of those Taxes, itemized where required by law. You shall provide to us your VAT or GST identification number(s) for (i) the country where you have established your business and/or (ii) any other country where you have a fixed establishment. You shall use the ordered Store App for your business use in the foregoing location(s) in accordance with the provided VAT or GST identification number(s). The parties’ obligations under this Section shall survive the termination or expiration of these Terms of Use.

App Rights and Restrictions

The following terms shall apply to your use of Apps from Store and Share, in addition to other limitations and disclaimers provided herein:

Minimum Requirements. You must procure separate permission from us to use the C’S|3 Consultancy Corp Products, including: (a) any specific C’S|3 Consultancy Corp Product that may be required to run an App, including, without limitation, any C’S|3 Consultancy Corp Product required to use custom applications that run on the C’S|3 Consultancy Corp Platform; and (b) any C’S|3 Consultancy Corp Product with which the App is intended to be used. If you have no Subscription Agreement with us, then you may not use Apps.

Rights to Apps subject to App Conditions. The user posting an App subject to App Conditions, and not C’S|3 Consultancy Corp, has sole responsibility for the terms and obligations of the App Conditions. Your access, use or download of a Conditional Shared App or Store App is subject to the App Conditions presented to you prior to your access, provided that to the extent that the App Conditions conflict with these Terms of Use, these Terms of Use shall control to the extent of such conflict. Notwithstanding any contrary term or condition in any App Conditions, you may not transfer, sublicense, distribute or otherwise provide third parties access to any App that you acquire through Store or Share. C’S|3 Consultancy Corp has no responsibility for the contents of any App Conditions.

Rights to C’S|3 Consultancy Corp Apps. You shall have, with respect to any purchased C’S|3 Consultancy Corp Store App, the rights and obligations applicable to “Subscription Service” under your current Subscription Agreement, subject to the disclaimers set forth in these Terms of Service. You shall have, with respect to any downloaded C’S|3 Consultancy Corp Shared App, a non-exclusive, non-transferable, perpetual right to copy, use, and make derivative works of the C’S|3 Consultancy Corp Shared App solely to evaluate, customize, configure or use the C’S|3 Consultancy Corp Shared App in conjunction with C’S|3 Consultancy Corp Products that you are otherwise permitted to use under a separate Subscription Agreement. Notwithstanding the foregoing, in the event that a C’S|3 Consultancy Corp Store App or C’S|3 Consultancy Corp Shared App is subject to App Conditions, such App Conditions shall apply to your use of the App. In the event of any conflict between App Conditions applicable to a C’S|3 Consultancy Corp App and these Terms of Use, the App Conditions shall govern to the extent of such conflict with respect to your use of the corresponding C’S|3 Consultancy Corp App.

Restrictions on Use of Store and Share Contributions. Notwithstanding any contrary term or condition in any App Conditions, you may not: (a) transfer, sublicense, distribute or otherwise provide a third-party access an App; (b) use an App to develop a product that is operable apart from the C’S|3 Consultancy Corp platform; (c) use APIs other than the C’S|3 Consultancy Corp APIs provided on the C’S|3 Consultancy Corp website to communicate with the C’S|3 Consultancy Corp Products, or circumvent such APIs or otherwise use APIs that diminish C’S|3 Consultancy Corp’s ability to isolate errors when providing customer support; or (d) use an App other than in connection with a C’S|3 Consultancy Corp Product that you are permitted to use under a separate Subscription Agreement.

Certification. Certain Apps may be advertised as Certified, meaning that the App successfully passed a number of compatibility tests designated by us. The identification of an App as Certified shall not be construed as making any representation, warranty, guarantee or promise apart from those set forth in these Terms of Use, nor that a contributor’s provision of, or your use of, an App is permitted by third parties or any applicable laws and regulations.

Testing. The user posting an App, and not C’S|3 Consultancy Corp (with the exception of C’S|3 Consultancy Corp Apps), is the provider and grantor of access rights and has sole responsibility for the content of the corresponding App. All Apps must be thoroughly tested by the user in a testing environment before use in a production environment. You agree not to rely on any statements, claims, comments or other discussion on or through the Website by any person with respect to Apps. Except as otherwise offered in any App Conditions pertaining to an App, you are solely responsible for independently testing and validating any App before deploying it in a production environment. Accordingly, you shall not assert any claim for breach of warranty or contract or misrepresentation against any third-party user based on the performance of an App.

Disclaimer of Support, Indemnification and Security. Your use of an App, or incorporation of an App (even a C’S|3 Consultancy Corp App) into any C’S|3 Consultancy Corp Product constitutes a modification or customization of that C’S|3 Consultancy Corp Product by you for purposes of any Subscription Agreement or other agreement between you and C’S|3 Consultancy Corp relating to the C’S|3 Consultancy Corp Product, and such customization or modification (or malfunction or loss of function caused thereby) shall not be subject to any warranty under a Subscription Agreement. You are not entitled to support, service credits, refunds, service level agreement or other service entitlements under any Subscription Agreement or other agreement of any kind with respect to your use of any App except as expressly granted by us in any App Conditions. Indemnification or security obligations imposed on us in a Subscription Agreement shall not apply to Apps that you implement or use in connection with a C’S|3 Consultancy Corp Product.

Except as otherwise provided in any App Conditions, the App contributor does not provide support, whether that contributor is us or a third-party user of the Website. To create an environment in which users are encouraged to contribute materials for discussion and testing by other users, refrain from making demands for support to the originator of the content.

Disclaimer of Contributor Liability. You must review and thoroughly test in a non-production environment any App prior to its use in any production instance of the C’S|3 Consultancy Corp Products. You agree that you bear all risks associated with using any App. EXCEPT FOR LIABILITY TO C’S|3 Consultancy Corp OR AS EXPRESSLY PROVIDED OTHERWISE IN ANY APPLICABLE APP CONDITIONS, IN NO EVENT SHALL ANY CONTRIBUTOR OR C’S|3 Consultancy Corp HAVE ANY LIABILITY OR RESPONSIBILITY HEREUNDER TO YOU OR ANY OTHER PERSON FOR ANY LOSSES OR DAMAGES WHATSOEVER ARISING OUT OF AN APP, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, COVER, OR DAMAGES BASED ON LOST PROFITS, DATA, OR USE, HOWEVER CAUSED AND WHETHER IN CONTRACT, IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER C’S|3 Consultancy Corp OR THE THIRD-PARTY ORIGINATOR OF THE APP REVIEWED, MODERATED, COMMENTED ON OR PROMOTED SUCH APP.

No Warranty to User. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN ANY APPLICABLE APP CONDITIONS, APPS ARE PROVIDED TO YOU “AS-IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER OF THE WEBSITE MAKES NO REPRESENTATION, WARRANTY OR GUARANTY, EXPRESS, STATUTORY OR IMPLIED TO YOU OR ANY OTHER PERSONS TO THE RELIABILITY, USEFULNESS, COMPLETENESS, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY OR ACCURACY OF THE APP. NO USER WARRANTS THAT ALL OR ANY PORTION OF THE APP IS ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, EACH USER SPECIFICALLY DISCLAIMS ALL STATUTORY OR OTHER W ARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.

ADDITIONAL DISCLAIMERS OF WARRANTY AND LIABILITY BY C’S|3 Consultancy Corp ARE PROVIDED BELOW IN THESE TERMS OF USE WITH RESPECT TO APPS.

4. Posting Apps

The terms of this Section 5 apply to any App that you post to the Website, including Store and Share, or otherwise make available to a third party.

Grant of rights to Shared Apps. By posting a Shared App in the form of an update set, you hereby grant to each user of Share a non-exclusive, non-transferable, perpetual license (to the extent of your rights in the Shared App) to copy, use, and make derivative works of the Shared App solely to evaluate, customize, configure or use the App in conjunction with C’S|3 Consultancy Corp Products that such user is otherwise permitted to use under a separate Subscription Agreement.

Negative Impacts and Removal. C’S|3 Consultancy Corp reserves the right to remove any posted App or terminate access to an App (including a Store App) that, in C’S|3 Consultancy Corp’s sole discretion: (a) deteriorates C’S|3 Consultancy Corp’s ability to meet its service level agreement; (b) is relevant to an obsolete version, in C’S|3 Consultancy Corp’s discretion; (c) interferes with C’S|3 Consultancy Corp’s ability to provide its commercially available products and services in accordance with C’S|3 Consultancy Corp’s standard support and service availability terms without a promptly accessible cure deemed acceptable by C’S|3 Consultancy Corp; (d) is subject to the contributor’s request for removal; (e) was contributed by a user that is not in compliance with these Terms of Use or other agreement; or (f) violates these Terms of Use.

Separate Agreement Required. You may not grant or purport to grant (and nothing in these Terms of Use shall be construed as granting or authorizing you to grant) any license or other right under or to any copyright or other intellectual property right of C’S|3 Consultancy Corp or any other party whose software, data, proprietary information, patentable invention or other subject matter is included in or required to use your App (regardless of whether C’S|3 Consultancy Corp or such other person licensed, permitted, encouraged or otherwise authorized you to include or use such subject matter). You shall not assert any patent right against C’S|3 Consultancy Corp or any third-party user based on an alleged infringement that is caused in whole or part by their authorized use of any App that you created or posted to the Store.

Third-Party Materials. You represent and warrant that you own or otherwise rightfully possess all intellectual property and other rights necessary to allow you to grant access to or license (as applicable) to any App that you post to the Store.

Service Interference. If your App interferes with our ability to provide our commercially available products and services to our customers in accordance with the support and service availability terms in the Subscription Service Guide posted at www.C’S|3 Consultancy Corp.com/schedules.do without a promptly accessible cure deemed acceptable by us, we may immediately discontinue your ability to make the App available to C’S|3 Consultancy Corp Customers in our sole discretion.

Compatibility. Any App that you create must be compatible with applicable C’S|3 Consultancy Corp Products and must not: (a) permit a user to pose as another user or multiple users to act as a single user; (b) include, send, store, or run software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (c) access, copy, destroy or transmit data regarding any user or device in excess of what is described in the accompanying documentation; (d) create a denial of service; (e) violate any law or regulation of the United States, any state thereof, or other government authority; or (f) disable, exploit, hack, or otherwise interfere with any security, encryption, digital signing, digital rights management, verification, or authentication mechanisms implemented in or by the C’S|3 Consultancy Corp Products.

Obligations Under Third-Party Agreements. If you have obligations to any third party (for example, under the terms and conditions of a social networking service that you choose to link to or access via your App), you and not us are responsible for your compliance with those requirements.

Warranty to C’S|3 Consultancy Corp. You represent, warrant and agree that: (a) your App will not violate or infringe upon the intellectual property rights or other rights of any person or entity, contain any illegal or defamatory material, or violate any laws; (b) with respect to any content contained in or provided through your App and the use of your C’S|3 Consultancy Corp Products, you have and will continue to be solely responsible for (i) securing, reporting, and maintaining all necessary rights, clearances, and consents related thereto; and (ii) paying all licensing fees, royalties, or respective shares, if any, of any monies payable hereunder to any co-owners, co-administrators, or licensors thereof; (c) your App conforms with the requirements of this Section 4; (d) you have complied with all of your obligations with respect to any third-party software in your App, including, but not limited to, any notice and source code availability obligations that may be required by any applicable free or open source software (“FOSS“) used by you; (e) the licensing terms for any FOSS included with your App will not purport to require C’S|3 Consultancy Corp or any C’S|3 Consultancy Corp customer to disclose or make available any of the keys, authorization codes, methods, procedures, data, or other information related to the digital signing or digital rights management mechanisms utilized as part of the C’S|3 Consultancy Corp Products, Development Tools, Store, Share or any third-party products distributed through the C’S|3 Consultancy Corp Products; and (f) you shall not make any promise, warranty or representation on behalf of C’S|3 Consultancy Corp with respect to Apps that you post.

Data Collection. You and your Apps may not collect user or device data without prior user consent, and then only to provide a service or function that is directly relevant to the use of your App. You may not use analytics software in your App to collect and send device data to you or a third party. You must provide clear and complete information to your customer regarding your collection, use and disclosure of user or device data in advance of and during, that customer’s use. Furthermore, you must take appropriate steps to protect such data from unauthorized use, disclosure, or access by third parties. If a user ceases to consent or affirmatively revokes consent for your collection, use, or disclosure of his or her user or device data, you must promptly cease all such use. You may not disclose C’S|3 Consultancy Corp customer data to any third party or use such data for any purpose other than to provide to provide the customer with the functionality of your App. You shall maintain and use all C’S|3 Consultancy Corp customer data in accordance with privacy and security reasonably adequate to preserve its confidentiality and security and all applicable data privacy and data security laws and regulations.

Privacy Policy. You agree that any Personal Information that you collect from a third party in relation to your App will be collected, processed, transmitted, maintained, and used in compliance with: (a) your agreement with such user; (b) all applicable laws; and (c) a privacy policy that you conspicuously make available to such user that governs your collection of Personal Information from such user (your “Privacy Policy“). You shall comply with the terms and conditions of your Privacy Policy and employ reasonable measures to ensure that unauthorized third parties are unable to access such Personal Information or other end user data. You are solely responsible for your interactions (including any disputes) with each user of your App. Neither you nor your App may perform any functions or link to any content, services, information, or data, or use any robot, spider, site search, or other retrieval application or device to scrape, mine, retrieve, cache, analyze, or index any software, user data, Personal Information, or other information related to operation or use of the C’S|3 Consultancy Corp Products, except to the limited extent necessary to provide your App and your related services to end users (or to demonstrate C’S|3 Consultancy Corp Products to prospective users with their permission) and in accordance with your Privacy Policy. “Personal Information” means any and all information pertaining to a specific person, including, but not limited to, a person’s name, e-mail address, mailing address, telephone number, credit card number, or persistent identifier (such as an identification number held in a cookie) which is associated with a person’s individually identifiable information. Personal Information also includes information that can, together with the other information collected or to be collected, identify a specific individual, even if such information cannot, by itself, identify a specific individual.

Security Review. We, or a third party selected by us, may conduct a security review of any App, including without limitation, information requests to the contributor, interviews, security testing, network testing, and vulnerability threat assessment. You agree to reasonably cooperate with such testing, and further you agree that C’S|3 Consultancy Corp, its agents or contractors conducting the testing shall bear no responsibility for any adverse effects on the operation of your App or business. Any nonpublic information obtained by us during any security test shall be treated as your confidential information.

Regulatory Compliance. You represent, warrant and agree that you will comply with any applicable regulatory requirements, including full compliance with all applicable laws, regulations, and policies related to the development, marketing, sale, and distribution of your App, and the laws, regulations and policies of any other applicable regulatory bodies in any countries or territories where you use, sell, distribute or otherwise make your App available. However, you agree that you will not seek any regulatory marketing permission or make any determinations that may result in the C’S|3 Consultancy Corp Product being deemed regulated or that may impose any obligations or limitations on us. Upon our request, you agree to promptly provide any such clearance documentation to support the marketing of your App.

Indemnity. In addition to your indemnification obligation to C’S|3 Consultancy Corp provided below, you agree to indemnify and hold each other user and its officers, agents, employees, subsidiaries and affiliates harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from any claim made by any third party arising out of the Apps posted by you, including but not limited to claims that such App or its use violates any rights of a third party.

5. Intellectual Property

Website

The Website in its entirety including the, Website Content and is owned by C’S|3 Consultancy Corp or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of C’S|3 Consultancy Corp. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website Content without C’S|3 Consultancy Corp’s express prior written consent or except as expressly provided in these Terms of Use.

C’S|3 Consultancy Corp Core Technology

As between C’S|3 Consultancy Corp and you, all rights, title, and interest in and to all intellectual property rights in the C’S|3 Consultancy Corp Core Technology are owned exclusively by C’S|3 Consultancy Corp notwithstanding any other provision in these Terms of Use. Except as otherwise expressly provided in these Terms of Use, C’S|3 Consultancy Corp reserves all rights in the C’S|3 Consultancy Corp Core Technology and does not grant you any rights, express or implied or by estoppel. As used herein, “C’S|3 Consultancy Corp Core Technology” means: (a) the Non-Production Instance, Development Tools, Documentation and C’S|3 Consultancy Corp technology and methodologies (including, without limitation, products, software tools, hardware designs, algorithms, templates, software (in source and object forms), architecture, class libraries, objects and documentation) existing as of the Effective Date; (b) updates, upgrades, improvements, configurations, extensions, and derivative works of the foregoing, however made, and related technical or end user documentation or manuals; and (c) intellectual property anywhere in the world relating to the foregoing.

User Technology

As between you and C’S|3 Consultancy Corp, you shall retain all rights, title, and interest in and to its intellectual property rights in the electronic data uploaded by you (excluding C’S|3 Consultancy Corp Core Technology), and User Technology. You hereby grant to C’S|3 Consultancy Corp a perpetual, irrevocable, royalty-free, fully-paid, sublicensable, transferable, non-exclusive, worldwide license to copy, distribute, modify, make derivative works of, publicly display, publicly perform, make, use, sell, translate and disclose to third parties any User Technology or data uploaded by you in the Non-Production Instance solely for the purpose of providing the Non-Production Instance to you. As used herein, “User Technology” means software, methodologies, templates, business processes, documentation or other material authored, invented or otherwise created or licensed (other than by or from C’S|3 Consultancy Corp) by you using or for use with the Non-Production Instance, excluding the C’S|3 Consultancy Corp Core Technology.

C’S|3 Consultancy Corp Trademarks

C’S|3 Consultancy Corp, Knowledge, NOW with a stylized power button, the NOW family of marks and all related, logos, product and service names, designs and slogans are trademarks or service marks of C’S|3 Consultancy Corp or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. Reference the Trademark Usage Guidelines for more information regarding C’S|3 Consultancy Corp trademarks.

Development Tools

Development Tools available for download are the copyrighted works of C’S|3 Consultancy Corp and/or third-party providers. Subject to these Terms of Use, we grant you a limited, revocable, non-transferable, non-exclusive and non-sublicenseable license to reproduce and use the Development Tools for your own internal business use, solely to evaluate C’S|3 Consultancy Corp Products. If there are license terms accompanying any specific Development Tool, such accompanying license terms shall control over these Terms of Use. C’S|3 Consultancy Corp has no obligation to provide support services for, or updates to, the Development Tools.

If you use Development Tools to create software that communicates or otherwise interoperates with the C’S|3 Consultancy Corp Products, you agree that such software will exclusively use the C’S|3 Consultancy Corp APIs provided with the Development Tools to communicate with the C’S|3 Consultancy Corp Products. You agree that such software shall not circumvent these APIs or otherwise use APIs that diminish C’S|3 Consultancy Corp’s ability to isolate errors when providing customer support. Development Tools are proprietary information of C’S|3 Consultancy Corp. You shall not distribute Development Tools to any third party and will not use the Development Tools to develop any software product that is operable apart from the C’S|3 Consultancy Corp platform.

Documentation

The Documentation available on the Website is the copyrighted work of C’S|3 Consultancy Corp and/or third-party providers. Subject to these Terms of Use, we grant you a limited, revocable, non-transferable, non-exclusive and non-sublicenseable license to make a reasonable number of copies of the Documentation for your internal business use in connection with your separately authorized use of C’S|3 Consultancy Corp Products. No right to sublicense or distribute the Documentation is granted herein.

User Contributions

No rights are granted to you with respect to User Contributions (not including Apps, which are treated as described above) other than the limited, personal, non-exclusive license to reproduce User Contributions as necessary to display the User Contributions on a machine that you use to interact with the Website.

Third Party Content

Third-party materials and free and open source software (not including Apps) (“FOSS“) provided by us to you may be accompanied by licensing terms, in which case such licensing terms shall govern your use of that third-party software or FOSS. Mention of third parties and third-party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constituters neither an endorsement nor a recommendation. All third-party product specifications and descriptions are supplied by the respective vendor or supplier, and C’S|3 Consultancy Corp shall have no responsibility with regard to the selection, performance or use of such vendors or products. To the extent you access or use such software, all understandings, agreements or warranties, if any, shall be directly between the vendor and you.

Restrictions

No right, title or interest in or to the Website including Website Content and Contributions or C’S|3 Consultancy Corp Core Technology, is transferred to you.

There are no implied licenses under these Terms of Use. C’S|3 Consultancy Corp reserves all rights not expressly granted to you herein. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

C’S|3 Consultancy Corp Core Technology is licensed and not sold even if for convenience C’S|3 Consultancy Corp makes reference to words such as sale or purchase.

You shall not (and shall not permit others to) do any do any of the following with respect to the Website or C’S|3 Consultancy Corp Core Technology: (a) license, sublicense, sell, resell, rent, lease, transfer, distribute or time share it or otherwise make any of it available for access by third parties, including any derivative works of C’S|3 Consultancy Corp Core Technology irrespective of which party authors such derivative works; (b) use it on a production basis or with production data or use it to provide services to others including services of implementation, customization or configuration of the Subscription Service; (c) disassemble, decompile or reverse engineer it, particularly for the purpose of developing any product or services competitive with the Subscription Service generally; (d) subject to the preceding clause, use or access it for the purpose of developing products or service competitive with the platform component of the Subscription Service (competitive applications, however, are permitted); (e) copy, create derivative works of, or otherwise modify it, except as expressly permitted hereunder; (f) disrupt its security, integrity or operation; (g) remove or modify a copyright or other proprietary rights notice in it; (h) use it to reproduce, distribute, display, store, transmit or use material or content protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner; (i) use it to damage the property of another; (j) use it in any manner which violates any applicable law or regulation; (k) use it in a manner that temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any C’S|3 Consultancy Corp or third-party data, software or network (not including modifications to the Configurable Elements or any data uploaded into the Subscription Service by Participant) without authorization; (l) use it to create, use, send, store or run viruses or other harmful computer code; (m) use it in any manner that disables, hacks or interferes with any security, digital signing, digital rights management, verification or authentication mechanisms; or (n) use it in any manner that, in C’S|3 Consultancy Corp’s reasonable judgment, circumvents the ordinary use or operation of the Subscription Service or APIs, disrupts C’S|3 Consultancy Corp’s pricing structure or ability to provide services or support to Customers, or allows any party to access C’S|3 Consultancy Corp Technology in excess of such party’s authorized or normally intended use.

Before Participant exercises any of the foregoing actions that Participant believes it is entitled to based on mandatory law, Participant shall provide C’S|3 Consultancy Corp with thirty (30) days prior written notice at legalnotices@C’S|3 Consultancy Corp.com, or, if applicable law or the relevant court order does not allow for thirty (30) days notice, the maximum amount of notice allowable, and provide all reasonably requested information to allow C’S|3 Consultancy Corp to assess Participant’s claim and, at C’S|3 Consultancy Corp’s sole discretion, to provide alternatives that reduce any adverse impact on C’S|3 Consultancy Corp’s intellectual property or other rights.

Please contact C’S|3 Consultancy Corp if you need to make use of C’S|3 Consultancy Corp Core Technology that is not permitted under these Terms of Use. Partner programs and commercial end user agreements may be available to meet your needs.

If you enter into a separate agreement with C’S|3 Consultancy Corp that provides additional or different license terms with respect to C’S|3 Consultancy Corp Core Technology, including a Master Ordering Agreement, Master Subscription Services Agreement, Developer Agreement, or Technology Partner Agreement, then the terms of that separate agreement shall control over these Terms of Use with respect to such C’S|3 Consultancy Corp Core Technology.

6. Linking

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You are prohibited from linking to any other page of the Website without our express written permission. We reserve the right to withdraw linking permission without notice. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in stopping any unauthorized framing or linking.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links from advertisers, including banner advertisements. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the applicable terms and conditions of use for such websites.

7. Monitoring, Enforcement and Feedback

C’S|3 Consultancy Corp has the right but not the obligation to:

• Remove or refuse to post any User Contribution (including any App), and/or terminate your access to all or part of the Website for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Policy.
• Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, C’S|3 Consultancy Corp has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD C’S|3 Consultancy Corp HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY C’S|3 Consultancy Corp DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER C’S|3 Consultancy Corp OR LAW ENFORCEMENT AUTHORITIES.

C’S|3 Consultancy Corp can neither review all material before it is posted on the Website nor ensure prompt removal of objectionable material after it has been posted and assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Feedback & Suggestions

Direct feedback, comments, suggestions, requests for support and other communications relating to the Website to [email protected]. C’S|3 Consultancy Corp shall have a perpetual, irrevocable, royalty-free, fully-paid, sublicensable, transferable, non-exclusive, worldwide license to make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any feedback, and suggestions for improvements or enhancements to the Website and the C’S|3 Consultancy Corp Products.