User Terms of Service - Agility

these user terms of service ("terms") are a legally binding contract between you and run2biz and explain the rules governing your use of our services and sites these terms apply to you as a service user, subject to exceptions that apply to authorized users (as defined and detailed below in the section entitled "how these terms apply; users and customers") by accessing or using the service and the sites, you acknowledge and agree to be bound by these terms (as applicable) and confirm that you have read and understood our privacy statement, which is incorporated by reference if you do not agree to these terms, do not access or use the service or the sites run2biz may revise these terms over time and will post the modified version on our website if, at the sole discretion of run2biz, the modifications to these terms are significant, we will provide you with reasonable notice before the change takes effect, either by sending an email to the email address associated with your account or by alerting you through the service and/or sites if you do not agree or cannot comply with the modified terms, you must stop using the service and the sites unless otherwise provided in these terms or our notice, the updated terms will take effect upon posting and will apply continuously your continued use of the service and the sites after any updates to these terms constitutes your acceptance of such changes how these terms apply; users and customers by using run2biz, you fall into one or more of the following three different categories of run2biz users "site visitors" they are users of the sites "trial users" they use the trial version of the service trial users have access to a more limited set of service features and functionalities than authorized users free users may have their own individual workspaces and/or participate in a free run2biz domain for up to 03 users during the specified trial promotion period "authorized users" they use the service as part of any paid run2biz subscription plan purchased by a person or entity (the "customer") who has separately entered into a written agreement with run2biz (the "customer agreement") governing access to and use of the service and allowing the customer to create and configure run2biz so that authorized users can participate to the extent that you are an authorized user, only the following sections of these terms will apply to you "some initial issues" and "how these terms apply; users and customers " as an authorized user, you gain access to the service through a run2biz customer for example, if you are joining your employer's organization, the customer is your employer if you are joining a workspace created by your friend using a personal email address, your friend is the run2biz customer and is authorizing you to enter his workspace the customer agreement governs our relationship and commitment to deliver the service to the customer, who can then invite authorized users to participate in run2biz when you or another authorized user submits content or information to the service, such as messages or files ("customer data"), you acknowledge and agree that, between run2biz and the customer, the customer data is controlled by the customer and the customer agreement provides the customer with options and control over that customer data for example, the customer can manage permissions, enable or disable third party integrations, or take action to expand, consolidate, or share agility workspace, project, task, and subtask content, and these options and instructions may result in the access, use, disclosure, modification, or deletion of certain or all customer data between run2biz and the customer, you acknowledge and agree that it is solely the customer's responsibility (a) to inform you and any other authorized users of any relevant customer policies, practices, and settings that may affect the processing of customer data; (b) to obtain any rights, permissions, or consents from you and any other authorized users that are necessary for the lawful use of customer data and the operation of the service; (c) to ensure that the transfer and processing of customer data under the customer agreement are lawful; and (d) to respond to and resolve any dispute with you and any other authorized users regarding customer data, the service, or customer's inability to comply with these obligations in your capacity as an authorized user, run2biz makes no representations or warranties of any kind (express or implied) to you related to the service, which is provided to you "as is" and "as available " eligibility and coverage to use the service and the sites, you need to have, and you represent and warrant that you have, at least 18 years of age and are competent to agree to these terms if the legislation where you reside requires you to be of legal age for run2biz to legally provide the service and the sites to you and use your data without parental consent, you must be of legal age if the statements in the preceding sentence are not true, or if run2biz has previously prohibited you from accessing or using the service and sites, you will not be able to access or use the service and sites account registration and use account registration and confidentiality to access the service and sites, you must register for a run2biz account by creating a username and password you agree to provide accurate, complete, and current registration information about yourself it is your responsibility to ensure that your password remains confidential and secure by registering, you agree that you are fully responsible for all activities that occur under your username and password we may assume that any communications we receive in your account were made by you if you are the owner or administrator of a workspace or organization, or if you have confirmed in writing that you have authority to make decisions on behalf of a workspace or organization ("account administrator"), you represent and warrant that you are authorized to do so and agree that run2biz has the right to rely on your instructions unauthorized account use you are responsible for notifying us at support\@run2biz com if you become aware of any unauthorized use or access to your account you understand and agree that we may require you to provide information that can be used to confirm your identity and help ensure the security of your account run2biz will not be liable for any loss, damage, liability, expenses, or legal fees you may incur as a result of someone else using your password or account, with or without your knowledge and/or authorization, and regardless of whether you have informed us about such unauthorized use you will be responsible for losses, damages, liability, expenses, and legal fees incurred by run2biz or third parties due to the use of someone else's account if the account administrator or customer loses access to an account or requests information about an account, run2biz reserves the right to request from the account administrator or customer any verification it deems necessary before restoring access or providing information about that account, at its sole discretion license and acceptable use your license subject to your compliance with these terms, we grant you a limited, non exclusive, non transferable, revocable, and non sublicensable right to access and use the service and sites solely for your internal use (or for internal uses authorized by the applicable account administrator) and only in a manner that complies with these terms and all applicable legal requirements related to your use of the service and sites run2biz may revoke this license at any time, at its sole discretion acceptable use policy you acknowledge and agree to comply with these terms, including the following rules regarding acceptable use of the service and sites ("acceptable use policy") service interruption you may not access, tamper with, or use non public areas of the service and sites, run2biz computer systems, or technical delivery systems of run2biz providers; probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure; access or search the service and sites by any means other than the publicly supported interfaces provided by run2biz (e g , "scraping"); or interfere or attempt to interfere with, disrupt, or disrupt our infrastructure or the access of any user, host, or network, including, without limitation, transmitting a virus, overloading, flooding, spamming, bombing the service and sites by email, or scripting to create user content in a manner that interferes with or creates an undue burden on the service and sites misuse of the service and sites you may not use the service and sites to conduct, promote, or support any illegal or fraudulent activities; impersonate another person or entity or misrepresent an affiliation with a person or entity (e g , "spoofing", "phishing"); activities that are defamatory, libelous, or threatening, constitute hate speech, harassment, or stalking; violate the privacy rights of third parties, including publishing or posting confidential or personal information of others without their express authorization and permission; sending unsolicited communications, promotions, or spam; publishing or linking to malicious content; or promoting or advertising products or services that are not yours without proper authorization user content you may not post any user content on the service or sites or use the service or sites in a manner that violates any applicable law (including export control laws), third party intellectual property rights, or any person's privacy or publicity rights; be deceptive, fraudulent, illegal, obscene, defamatory, derogatory, slanderous, threatening, or pornographic (including child pornography, which, upon becoming aware, we will remove and report to law enforcement, including the national center for missing and exploited children); constitute hate speech, harassment, or stalking; criticize, censure, or attack others based on their race, ethnicity, nationality, religion, sex, gender, sexual orientation, disability, or medical condition; contain any personal information of individuals under the age of 18; contain any sensitive personal information as defined by applicable law (such as financial information, payment card numbers, social security numbers, or health information) without run2biz's prior written consent granted as part of a customer agreement; contain viruses, bots, worms, or similar harmful materials; or contain any information that you do not have the right to make available under legislation or any contractual or fiduciary duty; could cause harm to run2biz or third parties violations of acceptable use if we reasonably believe that a violation of this acceptable use policy has occurred or is likely to occur in the near future in a way that may disrupt the service or sites for our customers or other users, we may suspend or terminate your access to the service and sites, without any liability to us and in addition to any other remedies that may be available to us run2biz reserves the right to notify the applicable account administrator of the foregoing proprietary rights run2biz and its licensors exclusively own all intellectual property rights related to the service and sites you agree to comply with all copyright laws and other applicable laws, as well as any additional copyright notices or restrictions contained in the service and sites all rights present and future to trade secrets, patents, copyrights, trademarks, service marks, know how, and other proprietary rights of any kind under the laws of any governmental authority, national or foreign, including, without limitation, rights to and for all applications and registrations related to the service and sites, are and shall remain the sole and exclusive property of run2biz user content and feedback user content and submissions to the service the service allows you to create tasks and submit associated information, text, files, and other materials (collectively, "user content") and share this user content with others the user content submitted or made available to the service is subject to the following terms user trial content trial users retain ownership of the user content they submit to the service ("user trial content") by submitting user trial content, trial users grant run2biz a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display such user trial content, to provide the service and as permitted by run2biz's privacy statement, including as required by law or in good faith to comply with legal process we reserve the right to remove any user trial content on the service that violates these terms or is otherwise objectionable at run2biz's sole discretion authorized user content in the service user content submitted to the service by authorized users is customer data, which is owned and controlled by the customer, in accordance with the customer agreement feedback the service and sites may have certain features that allow you to submit comments, information, and other materials (collectively, "feedback") to run2biz and/or share such feedback with other users or the public if you submit feedback, run2biz may use it for any purpose, without any compensation or obligation to you we reserve the right to remove any feedback posted on our public forums for any reason, at our sole discretion user content and feedback representations you represent and warrant that you have all necessary rights to submit user content and feedback without violation or infringement of any third party rights you understand that run2biz does not control and is not responsible for user content or feedback, and that, by using the service and/or sites, you may be exposed to user content or feedback from other users that may be offensive, indecent, inaccurate, misleading, or otherwise objectionable warranties, disclaimers, and limitation of liability the service and sites and user content, whether provided by run2biz, its licensors, its suppliers, or users, and other information about or accessible from the service and sites are provided "as is" without warranty, representation, condition, or warranty of any kind, express or implied, including, without limitation, any implied warranties, representations, conditions, or warranties of quality, merchantability, fitness for a particular purpose, or non infringement, all of which are disclaimed to the maximum extent permitted by law specifically, but without limitation, run2biz does not warrant that (i) the information available on the service and sites is free of errors; (ii) the functions or features (including, without limitation, mechanisms for uploading and downloading user content) will be uninterrupted, secure, or free of errors; (iii) defects will be correctedthe the shortly or (iv) the service and sites or the server(s) that make the service and sites available are free of viruses or other harmful components run2biz does not warrant, endorse, assure, or accept responsibility for any product or service advertised or offered by third parties through the service and sites or any site featured or linked through the service and sites, and run2biz will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products or services and sites run2biz shall not be responsible for the offensive or illegal conduct of third parties you voluntarily accept the risk of harm or damage from the foregoing the above limitations shall apply even if a remedy fails its essential purpose and to the maximum extent permitted by law in no event shall run2biz or its affiliates, licensors, suppliers, or any of their respective directors, officers, employees, agents, or other representatives be liable to you or any other person or entity for any special, incidental, consequential, or punitive damages (including, without limitation, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services) arising out of or in connection with the service and sites, any materials, information, or recommendations appearing on the service and sites, or any link provided on the service and sites, whether based on warranty, contract, tort, strict liability, statute, or otherwise this limitation of liability shall apply to the maximum extent permitted by law in any case, our aggregate liability shall not exceed $100 00 (one hundred u s dollars) indemnification you agree to indemnify, defend, and hold harmless run2biz, its affiliates, and their respective directors, officers, employees, members, shareholders, contractors, or representatives from and against any claim or demand, including, without limitation, reasonable attorneys' fees, made by any third party arising out of or in connection with your use of the service and sites, your connection to the service and sites, your violation of the terms, your violation of any applicable law, your submission, posting, or transmission of user content to the service and sites, and/or your violation of any rights of another person or entity we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with us in asserting any available defenses third party links, services, and sites the service and sites may include information and content provided by third parties, including links to third party websites, resources, and/or goods and services run2biz is not responsible and shall not be liable for any damages or losses caused or related to (i) any content, advertising, products, or other materials on or available from such websites or resources, (ii) the availability or any errors or omissions on such websites or resources, or (iii) any information manipulation or other business practices of the operators of such websites or resources your interactions with these third parties will be governed by their own terms of service and privacy policies and any other similar terms general terms modifications to the service we reserve the right to modify or discontinue, temporarily or permanently, the service and sites (or any part thereof) at any time, with or without notice you agree that run2biz shall not be liable to you or any third party for any modification, suspension, or discontinuance of the service and sites governing law these terms shall be governed by the laws of brasília, notwithstanding its conflict of legal principles however, some countries (including those in the european union) have laws that require agreements to be governed by the local laws of the by country this paragraph does not override such laws initial dispute resolution most disputes can be resolved without resorting to formal dispute resolution if you have any issues with us or our service, you agree that before taking any formal action, you will contact us at support\@run2biz com and provide a brief written description of the dispute and your contact information (including your username if your dispute is related to an account) except for claims of intellectual property infringement and small claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with run2biz, and good faith negotiations shall be a condition to either party initiating a lawsuit no waiver run2biz's failure to exercise or enforce any right or provision in these terms shall not constitute a waiver of such right or provision if any provision of these terms is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the , intentions as reflected in the provision, to the maximum extent permitted by law, and the other provisions of these terms shall remain in full force and effect third party beneficiaries except as expressly provided otherwise in these terms, there shall be no third party beneficiaries to these terms a partiesconsumerentire agreement these terms (together with all terms and conditions incorporated herein) constitute the entire agreement between you and run2biz and supersede any prior agreements between you and run2biz regarding the subject matter in the event of any conflict or inconsistency between the provisions of these terms and any other terms or resources referred to in these terms, the terms directly contained in these terms shall prevail first; provided, however, that if there is a conflict or inconsistency between an applicable customer agreement and these terms, the terms of the customer agreement shall prevail first, followed by the provisions of these terms, and followed by the pages referred to in these terms (e g , the privacy statement) the applicable customer shall be responsible for notifying authorized users of such conflicts or inconsistencies, and to the extent of such notification, the terms set forth herein shall be binding general provisions these terms and any rights or licenses granted hereunder may not be assigned or delegated by you these terms and any rights or licenses granted hereunder may be assigned or delegated by run2biz without restriction these terms shall bind and inure to the benefit of each party and the respective authorized successors and assigns of the party these terms may not be modified by oral statement of a representative of run2biz no agency, partnership, joint venture, or employee employer relationship is intended or created by these terms you agree that any agreements made by and between you and us in electronic format are just as legally binding as if made in physical, written format if you are using the service and sites for or on behalf of the government of brazil, your license rights shall not exceed those granted to non governmental consumers the section titles in these terms are for convenience only and have no legal or contractual effect any provision of these terms that, by its nature, is reasonably intended to survive beyond its termination or expiration, shall survive notwithstanding the foregoing, the following sections shall survive any termination or expiration of these terms "initial dispute resolution," "how these terms apply; users and customers," "proprietary rights," "user content and feedback," "warranties, disclaimers, and limitations of liability," "indemnification," and "general terms " notifications we may provide notice to you through email, by postingnotice on the service and sites, or by any other method we choose, and such notice shall be deemed effective upon transmission questions if you have any doubts about these terms, please contact us at support\@run2biz com