Last updated: January 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This terms of use agreement (this “agreement”) (together with
the
documents referred to in it) is a legal agreement between you and Holborn LLC, a Wyoming corporation, with a place of business at 30 N Gould St Ste R Sheridan,
WY 82801, USA (“we”, “us” or “our”) for the use of our website: www.crowdprisma.com, web application:
crowdprisma.com (collectively the “CrowdPrisma Platform”). By using and/or
registering to use the CrowdPrisma Platform, you must read, agree with and accept all of the terms and
conditions
contained in this agreement. This agreement is provided to you and concluded in English. You agree that any
use
by
you of the CrowdPrisma Platform shall constitute your acceptance of the agreement. We recommend that you
store
or
print-off a copy of the agreement (including all policies) for your records. If you do not agree to the
terms of
this agreement, please refrain from using the CrowdPrisma Platform.
1. APPLICABLE TERMS
1.1 This agreement refers to the following additional terms, which also apply to your use of the CrowdPrisma
Platform: (a) our privacy policy, which sets out the terms on which we process any personal data we collect
from
you, or that you provide to us. By using the CrowdPrisma Platform, you consent to such processing and you
warrant
that all data provided by you is accurate; and (b) our cookie policy, which sets out information about the
cookies
on the CrowdPrisma Platform.
2. ACCESSING THE CROWDPRISMA PLATFORM AND USING THE CrowdPrisma SERVICES
2.1 We have developed the CrowdPrisma Platform, using AI technology to provide an accurate and superior
automated
survey analysis service. CrowdPrisma uses the world's best automated natural language processing algorithms to generate
accurate
insights and provide the following services: (a) automated analysis of survey files uploaded to
the
CrowdPrisma Platform; (b) an interactive interface that allows users to search, analyse and build on the insights
of their analyses
(the "CrowdPrisma Editor");
(c) a variety
of methods for exporting and sharing the contents of CrowdPrisma analyses. (together the "CrowdPrisma
Services").
2.2 You may receive access and direct links to third party services for your benefit and ease of service
via
the
CrowdPrisma Platform, including but not limited to: Zapier and Zoom which are subject to their own terms and
conditions:
Zapier (web integration services): https://zapier.com/terms
Zoom (video-recording services): https://www.zoom.us/terms
You acknowledge and agree that when you click on a link to a third party website on the CrowdPrisma Platform
you
are
leaving the CrowdPrisma Platform and entering a third party website which is subject to its own terms and
conditions. Please read all third party terms and conditions carefully before using such sites. CrowdPrisma
accepts
no responsibility or liability in respect of any events that occur whilst you are using third party
platforms
and
services.
2.3 In consideration of you agreeing to abide by the terms of this agreement, we hereby grant to you a
non-exclusive, non-transferable, licence to use the CrowdPrisma Platform and the CrowdPrisma Services on the
terms
of this agreement. To access and use the CrowdPrisma Services you must sign up with your name, email address
and
password to create an account ("Account"). We discourage generic account names and we actively monitor
concurrent
Account usage. You may log into your Account on multiple devices but you shall not be able to access and use
the
CrowdPrisma Services via the same Account from multiple devices at the same time.
Sharing of log-in details with any other user is strictly prohibited in accordance with clause
2.6.
2.4 Access to the CrowdPrisma Platform is permitted on a temporary basis and we reserve the right to
withdraw or
amend the services or functionality that we provide on the CrowdPrisma Platform without notice. We will not
be
liable if for any reason the CrowdPrisma Platform is unavailable at any time or for any period.
2.5 From time to time, we may restrict access to some parts of the CrowdPrisma Platform, or the entire
CrowdPrisma
Platform, to users who have registered with us. We will use reasonable endeavors to fix issues and bugs in
the
CrowdPrisma Platform as quickly as we can.
2.6 If you choose, or you are provided with, a user identification code, password or any other piece of
information
as part of our security procedures, you must treat such information as confidential, and you must not
disclose
it to
any third party. We have the right to disable any user identification code or password, whether chosen by
you or
allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this
agreement.
2.7 You must not misuse the CrowdPrisma Platform by knowingly introducing viruses, Trojans, worms, logic
bombs
or
other material which is malicious or technologically harmful. You must not attempt to gain unauthorized
access
to
the CrowdPrisma Platform, the server on which the CrowdPrisma Platform is stored or any server, computer or
database
connected to the CrowdPrisma Platform. You must not attack the CrowdPrisma Platform via a denial-of-service
attack
or a distributed denial-of service attack.
2.8 If you breach clause 2.7, you will be committing a criminal offence under the Computer Misuse Act 1990.
We
will
report any such breach to the relevant law enforcement authorities and we will cooperate with those
authorities
by
disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease
your
right to use the CrowdPrisma Platform.
3. FREE TRIAL, SUBSCRIPTIONS AND FEES
3.1 Free trial for new users. If you are a new user, signing up to the CrowdPrisma Platform to use the
CrowdPrisma
Services for the first time, once you have created an Account you shall have access to the features
of the free tier indefinitely. A free tier shall consist of free analysis services for up to ten file of questions and
participants and questions numbers up to the respective quotas - defined in the free tier plan.
3.2 One-Off Free Text Quota. As a new user, you shall also receive a one-off batch of free text quota, which
may be used to analyze text responses. This one-off quota is provided upon account
creation and may be used at any time during your usage of the free tier.
3.3 Subscriptions. If you require additional features or quotas beyond those provided in the Free tier,
you may opt to subscribe to one of our paid plans. We offer two tiers of paid plans: Base and Pro.
Both plans are available as either a monthly subscription where payment is taken upfront at the beginning of each month
("Monthly Subscription") or as an annual subscription with the benefit of a discount and payment
upfront annually (the "Annual Subscription"). Details of the features and quotas included in each plan, as well as the
associated fees, are provided on our website, https://crowdprisma.com/pricing/, and may be updated from time to time.
By subscribing to a paid plan, you agree to pay the associated fees in accordance with the
terms specified at the time of subscription.
3.4 Unused Quotas and Add-Ons. Any unused quotas from your subscription plan will
accrue on your account and carry over to the next billing period. We continuously
monitor your usage to ensure you have sufficient quota for your needs. If you require
additional free text quota beyond what is included in your current plan, we offer three
add-on options for purchase. Please refer to https://crowdprisma.com/topup/.
Subscription Type Fees
Monthly Subscription: Please refer to the Pricing Page, https://crowdprisma.com/pricing/
Annual Subscription: Please refer to the Pricing Page, https://crowdprisma.com/pricing/
Add-on Fees
Extra50: Please refer to the Topup Page, https://crowdprisma.com/topup/
Extra100: Please refer to the Topup Page, https://crowdprisma.com/topup/
Extra200: Please refer to the Topup Page, https://crowdprisma.com/topup/
3.5 In addition to choosing the Monthly or Annual Subscription plan you can also choose your tier details of
which
may be updated from time to time and can be found on the pricing page ("Pricing Page").
3.6 If your usage puts system integrity at risk i.e. you upload a large volume of files in a short period of
time,
CrowdPrisma reserves the right to throttle your access to the service to ensure system integrity for all our
customers.
4. PAYMENT, UPGRADING AND DOWNGRADING
4.1 If you wish to subscribe for a Monthly Subscription or Annual Subscription, you:
(a) agree to pay to us the relevant Fee as set out on the Pricing Page
(https://crowdprisma.com/pricing/);and
(b)
agree and undertake to pay to us (without any deduction) the relevant Fee in advance in full (in GBP, EUR,
USD
or
the equivalent in your local currency based on the conversion rate at the time of payment) and authorise us
to
collect the full fee from you each month or at the beginning of each year (as applicable) until you cancel
your
subscription in accordance with clauses 5.3 to 5.6 below; and (c) acknowledge that, subject to clause 5,
that
the
relevant Fees are non-refundable.
4.2 You may change your plan from a Monthly Subscription to an Annual Subscription at any time via your Account.
If you change from a Monthly Subscription to an Annual Subscription, we will immediately bill you, and
you agree to pay us (without any deduction) the relevant Fee in full at the time of upgrade. The annual
payment will be taken upfront, and any prorated amount from the remaining monthly cycle will
be deducted from the annual payment.
4.3 Downgrade from an Annual Subscription to a Monthly Subscription is not possible. If you wish
to change from an Annual Subscription to a Monthly Subscription, you must cancel your Annual
Subscription and sign up again for a Monthly Subscription at the end of your current annual period.
4.4 You may upgrade your tier whilst keeping the same billing cycle (Monhtyl or Annual) by selecting to do
so via your Account. If you choose to do so, the upgrade and the new pricing will come into effect at the end of
the current billing cycle (monthly or yearly as applicable), and you will receive the extra benefits
of your new tier from that date.
4.5 You may downgrade your tier whilst keeping the same billing cycle (Monhtyl or Annual) by selecting to do
so via your Account. If you choose to do so, the downgrade will come into effect at the end of
the current billing cycle (monthly or yearly as applicable). You will lose the benefits
of the tier from which you have downgraded at this time, and the new pricing will apply from the next
payment date.
4.6 We reserve our rights to amend the fees at any time. However, we shall notify you in writing of any
change
in
the Fees and any such change shall take effect at the beginning of the new month for Monthly Subscriptions
and
the
beginning of the New Year for Annual Subscriptions.
4.7 We may offer promotional offers from time to time which may include promo codes or Account credits, and
which
may be subject to expiration dates and may only be applicable to selected users of the CrowdPrisma Platform.
We
reserve the right to remove Account credits from your Account or end a promotional offer without notice if
we
believe, at our sole discretion, you are not acting in good faith in relation to the terms of the
promotion.
4.8 Payments will be processed by a third party payment processor, Stripe, in accordance with its standard
terms
and
conditions: https://stripe.com/gb/ssa. You hereby give consent:
(a) to us sending you electronic communications (including via email and text) in relation to upcoming and
successful payments managed via the CrowdPrisma Platform; and (b) for the payment processor to access your
bank
account which is nominated by you from time to time, and to either deduct or deposit the applicable amount,
less
any
fee which may apply. See the Pricing Page for more information about applicable Fees.
You acknowledge and agree that when using the Stripe service on the CrowdPrisma Platform, you will comply
with
Stripe's end user licence agreement in respect to your use of the Stripe service. You also acknowledge that
Stripe's
privacy policy at: https://stripe.com/gb/privacy shall apply to Stripe's processing of any personal
information
you
submit to Stripe via the CrowdPrisma Platform. We shall not be liable to any person if Stripe or any other
payment
processor is not able to deduct or deposit any amount due to insufficient funds or incorrect bank account
details.
4.9 If the credit card details you have provided us with via your Account are invalid at the point of us
charging
you for the Fees owed to us, we shall inform you by email. We will make every effort to contact you by email
(to
the
address used to set up your Account) if your card payment fails.
4.10 If your payment fails, after notifying you we shall continue to attempt to take payment up to three (3)
times
over a period of nine (9) days to allow you to update your payment details before we shall suspend your
Account
and
your access to the CrowdPrisma Platform and the CrowdPrisma Services.
4.11 If the card details are not updated after 9 days, we reserve the right to permanently delete your
Account
and
all data, files and analyses held within.
5. CANCELLATION AND REFUNDS
Cooling-off period
5.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Contracts
(Information,
Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.2. This
means
that
during the relevant period if you change your mind or for any other reason you decide you do not want to use
the
CrowdPrisma Services, you can notify us of your decision to cancel this agreement and receive a refund for
any
amount you have already paid minus a pro-rated amount for any use of the CrowdPrisma Services you have
already
made
during the cooling-off period.
5.2 Your legal right to cancel this agreement starts from the date you sign up for a paid subscription.
You then have a period of fourteen (14) days in which you may cancel (“cooling-off
period”).
5.3 To cancel this agreement during the cooling-off period, please do so at any time during the fourteen
(14)
day
period by clicking on the 'Cancel Plan' link on your Account settings page or contact us in writing
to
tell
us by sending an email to: support@crowdprisma.com. You may wish to keep a copy of your cancellation
notification
for your own records. If you send us your cancellation notice by email or via your Account, then your
cancellation
is effective from the date you sent us the email or clicked on the 'Cancel Plan' in your Account
settings.
Cancellation after the cooling-off period
5.4 After the expiry of the cooling-off period set out in clause 5.2, you can still cancel your Account at
any
time
by clicking on the 'Cancel Plan' link on your Account settings page. You are solely responsible for
properly
cancelling your Account. For the avoidance of doubt, the Monthly Subscription automatically renews each
month
and
the Annual Subscription automatically renews each year.
5.5 If you cancel your Monthly Subscription your cancellation will take effect the following month and you
will
still be charged the Fee for the current month. No refund will be available for any remaining days in the
month.
5.6 After each auto-renewal of your Annual Subscription you will have fourteen (14) days in which to cancel
your
subscription and receive a refund. Please request this in writing [via your Account or] by sending an email
to
support@crowdprisma.com. If you request to cancel during the fourteen (14) day period and there is
significant
use
of the CrowdPrisma Platform via your Account during this time you may be charged the Monthly Subscription
Fee
for
one month. This shall be at CrowdPrisma's sole discretion. For the avoidance of doubt if you are charged a
Monthly
Subscription Fee for one month this shall be deducted from the Annual Subscription amount and you shall
receive
a
refund for the remaining monies.
5.7 After the fourteen (14) day period If you cancel your Annual Subscription, you may be eligible
for a refund based on the time remaining in your billing cycle or the free text quota
remaining on your account, whichever is smallest.
All refunds will be processed within 30 days of the cancellation request, and the amount
will be credited back to the original payment method used for the Annual Subscription.
You can cancel the Annual Subscripiton by clicking on the "Cancel Plan" button on your Account page.
5.8 Refund Calculation:
(a) Time-based Refund: If you cancel your Annual Subscription and there are remaining full months in
your billing cycle, you will receive a refund for each full month left. For example, if there are
six and a half months left in your billing cycle, you will be refunded for six months.
(b) Quota-based Refund: If the free text quota remaining on your account relative to the total
provided for the annual period is less than the time-based refund,
we will calculate the refund based on the proportion of the remaining free text quota relative to the
total quota provided for the annual period.
The refund amount will be the smaller of the two calculations mentioned above (time-based or quota-based).
6. YOUR CONTENT AND CONFIDENTIALITY
6.1 Survey/text content submitted to us by you (and any intellectual property rights in it) is owned by you
or
your
licensor. You grant CrowdPrisma a non-exclusive license to use that survey/text content solely for the
purpose
of
providing the CrowdPrisma Services and creating analyses. Analyses (and any intellectual property
rights
in
them) are owned by you, subject to you having paid the Fees required under this agreement.
6.2 CrowdPrisma shall have no obligations with respect to the survey/text material which you submit other
than
to
perform the CrowdPrisma Services as set out in this agreement. You are solely responsible for such
material.
7. YOUR INDEMNITIES AND UNDERTAKINGS
7.1 You agree that when using the CrowdPrisma Platform you will comply with all applicable laws and this
agreement.
In particular, but without limitation, you agree not to:
(a) use the CrowdPrisma Platform in any unlawful manner or in a manner which promotes or encourages illegal
activity; or (b) breach any law, statute, contract, or regulation; (c) act in a manner that is obscene,
defamatory,
libellous, unlawfully threatening or unlawfully harassing; (d) provide false, inaccurate or misleading
information;
(e) use an anonymising proxy; or (f) attempt to gain unauthorised access to the CrowdPrisma Platform or any
networks, servers or computer systems connected to the CrowdPrisma Platform. (together the “Restricted
Activities”)
7.2 Except as expressly set out in this agreement or as permitted by any local law, you undertake:
(a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the CrowdPrisma Platform
or
your
access to the CrowdPrisma Platform; (b) not to engage in any of the Restricted Activities, nor control an
account
that is linked to any of the Restricted Activities; (c) not to make alterations to, or modifications of, the
whole
or any part of the CrowdPrisma Platform nor permit the CrowdPrisma Platform or any part of it to be combined
with,
or become incorporated in, any other programs or websites; (d) not to disassemble, de-compile, reverse engineer or create derivative works based on
the
whole or any part of the CrowdPrisma Platform; (e) to include our copyright notice on all entire and partial
copies
of the CrowdPrisma Platform in any form; or (f) not to provide, or otherwise make available, the CrowdPrisma
Platform in any form, in whole or in part (including, but not limited to, program listings, object and
source
program listings, object code and source code) to any person without prior written consent from us.
7.3 Notwithstanding clause 7.1 and 7.2, you agree to indemnify us in full and on demand from and against any
loss,
damage, costs or expenses which we suffer or incur directly or indirectly as a result of your use of the
CrowdPrisma
Platform] otherwise than in accordance with this agreement or any applicable laws.
7.4 You warrant to us that all the information you provide to us is true and accurate to the best of your
knowledge.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 We are the owner or the licensee of all intellectual property rights in the CrowdPrisma Platform and in
the
material published on it. Those works are protected by copyright laws and treaties around the world. All
such
rights
are reserved.
8.2 The trade marks, service marks, and logos (“Trade Marks”) contained on the CrowdPrisma Platform are
owned by
us,
our group companies or third party partners of us. You cannot use, copy, edit, vary, reproduce, publish,
display,
distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written
consent
of us, the relevant group company or the relevant third party partner of us.
8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in
any
way,
and you must not use any illustrations, photographs, video or audio sequences or any graphics separately
from
any
accompanying text.
8.4 Our status (and that of any identified contributors) as the authors of content on the CrowdPrisma
Platform
must
always be acknowledged.
8.5 You must not use any part of the content on the CrowdPrisma Platform for commercial purposes without
obtaining a
licence to do so from us or our licensors.
8.6 If you print off, copy or download any part of the CrowdPrisma Platform in breach of this agreement,
your
right
to use the CrowdPrisma Platform will cease immediately and you must, at our option, return or destroy any
copies
of
the materials you have made.
9. UPLOADING CONTENT TO THE CROWDPRISMA PLATFORM
9.1 Whenever you make use of a feature that allows you to upload content to the CrowdPrisma Platform, you
must
comply with the content standards set out below.
9.2 You warrant that any such contribution does comply with these standards, and you will be liable to us
and
indemnify us for any breach of this warranty.
9.3 Any content you upload to the CrowdPrisma Platform in a public forum will be considered non-confidential
and
non-proprietary. To the extent it is necessary in order to complete your requests, you grant to us a
perpetual,
worldwide, non-exclusive, royalty free and fully paid licence to, without limitation, use, sub-licence,
copy,
repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative
works
of,
compile, make available and otherwise communicate to the public the content.
9.4 We also have the right to disclose your identity to any third party who is claiming that any content
posted
or
uploaded by you to the CrowdPrisma Platform constitutes a violation of their intellectual property rights,
or of
their right to privacy.
9.5 We have the right to remove any posting you make on the CrowdPrisma Platform if, in our opinion, your
post
does
not comply with the content standards set out herein or with any applicable laws.
9.6 You acknowledge and agree that the CrowdPrisma Platform acts merely as a passive conduit and/or host for
the
uploading storage and distribution of such content. Any views expressed by other users on the CrowdPrisma
Platform
do not represent our views or values. We cannot and do not review the content created or uploaded by users,
and
neither we nor our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and
shareholders has any obligation, and does not undertake or assume any duty, to monitor the CrowdPrisma
Platform
for
content that is inappropriate, that does not or might infringe any third party rights, or has otherwise been
uploaded in breach of this agreement or applicable law. However, you can notify us of any inappropriate or
infringing content by flagging such content on the CrowdPrisma Platform.
9.7 You are solely responsible for all of the content that you upload, post or distribute to, on or through
the
CrowdPrisma Platform, and to the extent permissible by law, we exclude all liability with respect to content
and
the
activities of users.
10. CALL RECORDING CONSENT
You acknowledge and agree that you will only upload content to the CrowdPrisma Platform and CrowdPrisma iOS
App,
that may be used by CrowdPrisma in the performance of the CrowdPrisma Services, that has been recorded in
compliance
with all applicable laws, including but not limited to: the Investigatory Powers Act 2016, the investigatory
Powers
(Interception by Businesses etc. for Monitoring and Record-keeping Purposes) Regulations 2018, the General
Data
Protection Regulation (EU) (2016/679), the Data Projection Act 2018, the Information Commissioner's
Employment
Practices Code and the Human Rights Act 1998 and all equivalent applicable local laws in the jurisdiction in
which
you record any content you upload.
Please note that in the United Kingdom, Ireland, Germany, Canada, Australia and a number of US states the
consent of
every party to a phone call or conversation is required in order to make the recording lawful, this is
called
“two-party consent”. Therefore whether a jurisdiction requires one or two-party consent to call recording,
it is
best practice to obtain consent from all parties on the call.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) POLICY
11.1 We care about copyright. We have a DMCA policy below that you should familiarise yourself with when dealing with
and
publishing content that's not yours.
11.2 We reserve the right to take down public content published on the CrowdPrisma Platform or distributed
through
shared
links should we find a breach of terms, as stated in the following policy:
if you believe there has been a copyright infringement, please send a notice to: support@crowdprisma.com.
Section 512(c) of the DMCA requires that a notice include all of the following in order to be valid:
(a) Your contact information: name, address, phone number, email address
(b) Copyright owner’s full name (you must be an authorized agent)
(c) URLs and/or a description of the original content
(d) URLs and/or description of the infringing content (we need enough detail to be able to locate and take down
the material, otherwise we will not be able to process your request)
(e) Physical or electronic signature (typing your name is sufficient)
(f) A 512(f) acknowledgment:
you attest, under penalty of perjury, that you have a good faith belief that use of the material in this report
is not authorized by the copyright owner, its agent, or the law; AND you are authorized to act on behalf of
the copyright owner; AND you understand, under 17 U.S.C. § 512(f), you may be liable for any damages,
including costs and attorneys' fees, if you knowingly materially misrepresent reported material.
There are a number of DMCA takedown notice generators available on the web. We encourage you to use one to ensure the notice is compliant.
11.3 Our process - We will take down any infringing material and inform the alleged infringer.
Crowdprisma will pass on a copy of your infringement notice to the user, who may submit a counter notice.
11.4 Submitting a counter notice - If we have taken your content down and you believe this is in error, you can submit a
counter notice which we will pass on to the person who submitted the original notice.
You may contact the original notifier directly if you want to resolve it directly. If you come to an agreement, the reporter must email
support@crowdprisma.com and we will reinstate your content as quickly as we can. Crowdprisma takes no legal responsibility for your
counter notice other than passing it onto the original filer. We encourage you to seek legal council as there may be legal
consequences to challenging a notice.
11.5 Repeat infringers - CrowdPrisma will terminate the service of repeat infringers as outlined in our Terms of Use.
We operate a three strikes rule: three separate DMCA notices will result in service being terminated. A successful counter notice
will remove a strike. In accordance with data protection legislation, we will keep a copy of your records to ensure we’re
complying with our own processes and procedures.
11.6 Repeat offenders - We will remove any repeat offenders from the platform after three infringement notices.
12. CHANGES TO THESE TERMS
We may revise this agreement (or any of the documents referred to in this agreement) at any time by amending
this
page. Please check this page from time to time to take notice of any changes we made, as they are binding on
you.
13. DUPLICATE ACCOUNTS
We reserve the right to refuse the creation of duplicate accounts for the same user. In a case where
duplicate
accounts are detected, we reserve the right to close or merge these duplicate accounts without
notification.
14. ELIGIBILITY
14.1 To be eligible for the CrowdPrisma Platform, you must (a) be at least 16 years old and (c) agree to the
terms
of this agreement.
14.2 You further represent and warrant to us that if you are an individual and you open an account with us
that
you
are not acting on behalf of an undisclosed principal or a third party beneficiary.
14.3 You undertake that your login may only be used by you and a login shared by multiple people is not
permitted.
15. NO WARRANTY
15.1 Use of the CrowdPrisma Platform is at your own risk. The CrowdPrisma Platform is provided on an “as is”
basis.
We do not warrant or guarantee that the CrowdPrisma Platform and all or part of its contents will be always
available or that its use will not be interrupted.
15.2 You acknowledge that the CrowdPrisma Platform may not be free of bugs or errors and you agree that the
existence of any minor errors shall not constitute a breach of this agreement.
16. OUR LIABILITY
16.1 Nothing in this agreement excludes or limits our liability for death or personal injury arising from
our
negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or
limited
by applicable law.
16.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms
which
may
apply to the CrowdPrisma Platform or any content on it, whether express or implied.
16.3 Subject to clause 16.1, we will not be liable to any user for any loss or damage, whether in contract,
tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in
connection
with:
(a) use of, or inability to use, the CrowdPrisma Platform or the CrowdPrisma Services; or (b) use of or
reliance
on
any content displayed on the CrowdPrisma Platform.
16.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack,
or
other
technologically harmful material that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of the CrowdPrisma Platform or to your downloading of any content on
it, or
on
any website linked to it.
16.5 We assume no responsibility for the content of websites linked on the CrowdPrisma Platform. Such links
should
not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or
damage
that
may arise from your use of them.
16.6 Subject to clause 16.1, our maximum aggregate liability under or in connection with this agreement, or
any
collateral contract, whether in contract, tort (including negligence) or otherwise, shall in all
circumstances
be
limited to a sum equal to £100 or the amount you paid to us in fees in the previous 12 calendar months,
whichever is
greater.
17. TERMINATION
17.1 Either party may terminate this agreement immediately and without notice to the other party. You may
terminate
this agreement by deleting your Account and refraining to use the CrowdPrisma Platform; however you shall
still
be
liable for the Fees owed as detailed in clauses 3 and 4.
17.2 Upon termination or expiry for any reason:
(a) all rights granted to you under this agreement shall cease; (b) you must cease all activities authorised
by
this
agreement; and (c) you must immediately delete your Account and cease using the CrowdPrisma Platform and
certify
to
us that you have done so.
17.3 Please note once you have deleted your Account we shall not be able to recover your files/analyses
so
please download all transcripts before you delete your Account.
17.4 We reserve the right to delete your Account on termination of this agreement and for non-payment of the
Fees
owed in accordance with clauses 3 and 4 of this agreement.
17.5 Any provision of this agreement that expressly or by implication is intended to come into or continue
in
force
on or after termination or expiry of this agreement shall remain in full force and effect.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
18.1 This agreement is binding on you and us and on our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of this agreement, or any of your rights or
obligations arising under it, without our prior written consent.
18.3 We may assign, charge, novate or otherwise dispose of this agreement without our prior written
consent.
19. USER RESPONSIBILITY FOR UPLOADED DATA
19.1 Users must not upload any personally identifiable information (PII) or data subject to copyright,
to the CrowdPrisma platform. If such data is uploaded and subsequently
accessed by unauthorized parties, the user assumes full responsibility for any resulting consequences.
Holborn LLC disclaims any liability for private data uploaded by users. Although we implement
certain checks to warn users about potential data issues, we do not guarantee the prevention
of unauthorized access or misuse of such data.
Furthermore, users acknowledge that any data included in the shared dashboards may be accessible
to other parties. Users are solely responsible for ensuring that no sensitive or proprietary information
is included in the shared content. Holborn LLC shall not be held liable for any damages or losses
resulting from the sharing of dashboards containing sensitive information.
By using the CrowdPrisma platform, users agree to indemnify and hold harmless Holborn LLC and its
affiliates, officers, agents, and employees from any claims, damages, losses, liabilities, and
expenses (including legal fees) arising out of or in connection with the uploaded data, including
but not limited to claims related to data privacy breaches, copyright infringement, and the
unauthorized sharing of proprietary information.
20. GENERAL TERMS
20.1 We are required to provide certain information to you in writing. By accepting this
agreement,
you agree that we can communicate with you electronically either by email or by posting notices on the
CrowdPrisma
Platform.
20.2 This agreement and any document expressly referred to in it constitutes the whole
agreement
between us and supersedes any previous discussions, correspondence, arrangements or understandings between
us.
20.3 This agreement and any dispute or claim arising out of or in connection with it or
its
subject matter or formation (including non-contractual disputes or claims) shall be governed by and
construed in
accordance with the law of the State of Wyoming, USA.
20.4 Any dispute or claim arising out of or in connection with this agreement will be subject to the
exclusive
jurisdiction of the courts of the State of Wyoming, USA.
22. CONTACT US
To contact us, please email support@crowdprisma.com.