Terms and Conditions

Last updated: October 19, 2023

These Terms of Service (“Terms”) are an agreement between you and Sertify Inc. (“Sertify,” “Sertify.io”, “we,” “us,” or “our”), the owner and operator of the Sertify applications and website (collectively, the “App”), and associated services provided by Sertify Inc. (collectively, the “Services”). References to "you" in these Terms means you, your duly authorized representatives and any entity you may represent in connection with your use of the Services. These Terms apply to your access and use of any part of the Services.

Not all of Sertify App or Services are available in all areas of the United States and you may not be eligible for them. We reserve the right to determine eligibility. By accessing or using our Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, which incorporates the Privacy Policy by reference please do not access or otherwise use our Services or any information contained here in.

We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective upon the posting of the modification to our App, and will apply to causes of action arising after the effective date of the change. You should continue to check the App for changes. Your continued use of our App or otherwise the Services following the posting of changes to these Terms will mean that you accept those changes. By accessing or using our Services, you confirm that: (i) you can form a binding contract with us; and (ii) you are over the age of 18 as the Services are not intended for children under 18. If it comes to our attention through reliable means that a registered user is a child under 18 years of age, we will cancel that user's account and/or access to the Services. If you are using the Services on behalf of a corporation (or any legal entity other than using it personally), you represent that you are authorized to enter into an agreement on behalf of that legal entity, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation.

The headings and captions used in these Terms are inserted for convenience only and will not affect the meaning or interpretation of these Terms.  

Application License

Subject to these Terms and our policies (including policies made available to you with the Services), we grant you a limited, non-transferable, non-exclusive, and revocable permission to access and use our Services, provided that: (i) You will not copy, distribute or modify any part of the Services without our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.: (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Services; and (v) You comply with these Terms. Using our Services does not give you ownership of any intellectual property rights in the our Services or the Content you access (other than your User Content), which shall remain with us and our respective licensors.

Open Source Software

Certain software code incorporated into or distributed with the App or otherwise with the Services may be licensed by third parties under various "open-source" or "public-source" software licenses (collectively, the "Open Source Software"). Notwithstanding anything to the contrary in these Terms, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

Sertify Rights

All right, title, and interest in and to Services including worldwide Intellectual Property Rights therein, are and will remain the exclusive property of Sertify and its applicable licensors. We reserve all rights not expressly granted in and to the Service.

Account Information

In order to access some of the Services, you may have to create an account. You hereby represent and warrant that the information you provide to Sertify upon registration (including information provided through your Linked Accounts, as defined below) (collectively, your "Account Information"), is true, accurate, current, and complete. You also hereby agree that you will ensure that this Account Information is kept accurate and up-to-date at all times.

Privacy and Passwords

Sertify values and protects the privacy of your information. Please review Sertify’s Privacy Notice, as it contains important information relating to your use of our App and Services. Some portions of the Site and Services are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the App is prohibited. You agree that you will notify Sertify immediately if you believe that a third party has obtained your User ID or password, or if you believe that any unauthorized access or use may occur or has occurred. Notify Sertify via email at privacy@sertify.io. For your protection, if Sertify believes that any unauthorized access may occur or has occurred, Sertify may terminate your account access without prior notice to you. You also agree that Sertify is permitted to act upon any instructions received using your User ID and password and to consider such instructions as authorized by you.

Communications from Sertify

By accessing or using the Service, you consent to receive communications from Sertify through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote Sertify or businesses listed on Sertify, and may be initiated by Sertify, businesses listed on Sertify, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with Sertify or made through the Service may be monitored and recorded for quality purposes.


User Content

General

The Services may request that you submit content such as text, photos, audiovisual content, and other media content ("User Content"). By providing User Content to Sertify, you are granting Sertify a license to use the User Content in order to make it available through the Services.

License Grant by You to Sertify

By uploading User Content, you are granting Sertify a license to display, perform and distribute your User Content and to modify (for technical purposes), and reproduce such User Content to enable Sertify to operate the Services. You agree that these rights and licenses are royalty free, worldwide, and irrevocable, and include a right for Sertify to make such User Content available to, and pass these rights along to, others with whom Sertify has contractual relationships related to the provision of the Sertify services, solely for the purpose of providing such services, and to otherwise permit access to or disclose your User Content to third parties if Sertify determines such access is necessary to comply with its legal obligations.

Feedback

When you submit any ideas, suggestions, documents and/or proposals relating to the Services (or other products or services) to Sertify through the App or through any other channel or mechanism (collectively, "Contributions"), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Sertify is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Sertify shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Sertify may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Sertify without any obligation of Sertify to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Sertify under any circumstances.

Unauthorized Use

Do not misuse our Services. You agree not to use the Service or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence, you agree that you will: (i) review and comply with these Terms and the Privacy Notice; (ii) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (iii) provide accurate information to us and update it as necessary; and (iv) act honestly and in good faith. By using the Services you agree not to: (i) create an account for anyone other than a natural person (unless you are a company, organization, legal entity or a brand and represent that company, organization, legal entity or brand); (ii) defame, stalk, bully, abuse, threaten, harass, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts; (iii) use or attempt to use another's account or create a false identity; (iv) duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services, except as permitted in these Terms, or as expressly authorized by us; (v) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (vi) utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services; (vii) adapt, modify or create derivative works based on the Services or technology underlying the Services, in whole or part; (viii) rent, lease, loan, trade, sell/resell any information in the Services, in whole or part; (ix) use the communication systems provided by the Services for any commercial solicitation purposes; (x) sell, sponsor, or otherwise monetize any service or functionality in the Services, without our express written consent; (xi) remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors'); (xii) remove, cover or otherwise obscure any form of advertisement included on the Services; (xiii) collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (excluding your User Content, and except if the owner of such information has expressly permitted the same); (xiv) share other users' or third party's information or their User Content without their express consent; (xv) infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us; (xvi) use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, "scrape," "crawl," "cache," "spider" or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser; (xvii) use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services; (xviii) access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose; (xix) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the App; (xx) attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services; (xxi) engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on the Services' infrastructure, including, but not limited to, sending unsolicited communications to other users or our personnel, attempting to gain unauthorized access to the Services, or transmitting or activating computer viruses, Trojan horses, worms, time bombs or any other harmful or deleterious software programs through or on the Services; and/or (xxii) Interfere or disrupt or game the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.

Third Parties' Links, Websites, and Services

The Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, do not endorse them, have no control over those websites, and assume no responsibility and/or liability for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. If you access any third party's website, service, or content from our Services, you do so at your own risk. By using the Services, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability arising from your use of any third-party website, information, materials, products, or services. Accordingly, we encourage you to be aware when you have left the App and to read the terms and conditions and privacy policy of every website that you visit.

Copyright Dispute Policy

It is Sertify's policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or members or users; and (ii) remove and discontinue service to repeat offenders. Sertify has adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at http://www.copyright.gov/legislation/dmca.pdf) if properly notified that the materials infringe a third party’s copyright.

Payment Terms

For Services offered on a payment or subscription basis, the following terms apply, unless Sertify notifies you otherwise in writing. Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. Sertify will automatically renew your annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement. For all cancellation requests and questions, please contact support@sertify.io.

Termination and Suspension

Sertify may, without prior notice at any time and for any reason, suspend or terminate your access to the Account or use of the Sertify Services or portion thereof, or terminate the Agreement. Sertify will notify you of such termination or suspension. Upon termination of the Agreement, the parties are discharged from any obligations under the Agreement, and no matter the cause, shall cease use of the Sertify Services from the date of termination. Upon termination, you must cease all use of Sertify assets and promptly remove them your domain(s) and physical locations after expiration or termination of applicable Sertify Services.

Indemnity 

The Customer shall indemnify, defend and hold harmless Sertify and its affiliates and its and their respective officers, directors, employees and agents (collectively “Indemnitees”) against any liability, losses, damages, penalties, judgments, awards, settlements, costs and expenses (collectively “Losses”) suffered or incurred by any Indemnitee as a result of any third party claim, allegation, action, suit or proceeding (including any investigation or other claim, allegation, action, suit or proceeding by any governmental authority) (“Third Party Claim”) arising from or related to any assertion that (a) the use of any content provided by the Customer (i) infringes the intellectual property rights of a third party and/or (ii) violates applicable law and/or the Guidelines; (b) the use by the Customer of Sertify’s Services violates the Guidelines or applicable law; (c) Sertify’s use of Consumer data under this Agreement is in breach of any applicable laws related to data privacy or contractual commitment of the Customer; (d) any email message sent or caused to be sent by Sertify on behalf of the Customer violates any applicable law, rule or regulation; or (e) The Customer is or has breached any of the warranties or representations made by the Customer in this Agreement. The Customer shall not bring any claim against the Indemnitees arising from or related to any User Content, including without limitation, any claim that the User Content is defamatory, offensive or otherwise harmful. The Customer shall indemnify, defend and hold harmless the Indemnitees against any Losses suffered or incurred by any of the Indemnitees as a result of any such claim, whether such claim is brought by the Customer, any of its affiliates, or any of its or their officers, directors, employees, contractors, agents, shareholders or any third party.

Disclaimer of Warranties; Limitation of Liability

a. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT SERTIFY IS NOT AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION BY ANY USER OF THE SERVICES, WHETHER ON OR OFF THE SERVICE. SERTIFY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SERVICES, CONTENT AND THE CONDUCT OF USERS OF THE SERVICE.


b. SERTIFY HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT (AS DEFINED IN SECTION 5) AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON THE SERVICES COMPLIES WITH THESE TERMS OR IS SUITABLE FOR ALL USERS.


c. SERTIFY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. SERTIFY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. WITHOUT LIMITING THE FOREGOING, SERTIFY MAKES NO REPRESENTATIONS OR WARRANTIES: (A) THAT THE SERVICES WILL BE PERMITTED IN YOUR JURISDICTION; (B) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (C) CONCERNING ANY CONTENT SUBMITTED BY ANY USER; (D) CONCERNING ANY THIRD PARTY’S USE OF CONTENT THAT YOU SUBMIT; (E) THAT ANY CONTENT YOU SUBMIT WILL BE MADE AVAILABLE ON THE SERVICES OR WILL BE STORED BY SERTIFY; (F) THAT SERTIFY WILL CONTINUE TO SUPPORT ANY PARTICULAR FEATURE OF THE SERVICES; (G) CONCERNING SITES AND RESOURCES OUTSIDE OF THE SERVICES, EVEN IF LINKED TO, FROM OR THROUGH FROM THE SERVICES.


d. IN NO EVENT WILL SERTIFY, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY OR CLAIM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES OR ANY CONTENT ON THE SERVICES. SOME JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.


e. SERTIFY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).


f. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Governing Law and Jurisdiction These Terms and your use of the Site are governed in all respects by the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any dispute concerning the App or these Terms shall be subject to the exclusive venue of a court of competent jurisdiction in New York, New York.

Disclosure

We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request; (ii) enforce these Terms, including investigation of potential violations of it; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) cooperate with law enforcement authorities; (v) respond to user support requests; or (vi) protect our, our users' or the public's rights, property or safety.

General

We reserve the right to discontinue or modify any aspect of the Services at any time. These Terms, together with the Privacy Notice, and any other legal notices published by us on the Services, shall constitute the entire agreement between us concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Questions  

Any questions, complaints or claims with respect to the Service should be directed to legal@sertify.io.


These terms and conditions will be updated as necessary from time to time