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Terms of Service – Consent Management Platform

Last updated: September 29th, 2020

 

1. Agreement Between You (“you”, “your” or the “User”) and Loginhood Inc. (“Loginhood”, “we”, “us” or “our”)

 

1.1. These terms and conditions for services (the “Terms”) govern the provision of services by Loginhood, Inc. and its products, including the Invisit Consent Management Platform (“product”), and your acquisition and use of services on our website located at invisit.io and the Invisit web application, and the content and information provided through them (collectively, the “services”). By accepting these Terms, either by clicking a box indicating your acceptance or by executing an order confirmation form (“Order Confirmation”) or other document referring to these Terms, you agree that these Terms form part of the agreement between you and Loginhood Inc. (collectively, the “Agreement”), and the Agreement comprises the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall govern, unless the Order Confirmation expressly states that the terms and conditions of the Order Confirmation shall control. We shall provide the services to User as described in the Order Confirmation (the “services”) in accordance with these Terms. We shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only. All Users must be 18 years or older or the age of majority in his or her state of residence or jurisdiction, whichever is greater. We are not able to register anyone under the age of 18 or the age of majority in their state of residence or jurisdiction. These Terms prevail over any of User’s general terms and conditions regardless whether or when User has submitted its request for proposal, order, or such terms. Provision of services to User does not constitute acceptance of any of User’s terms and conditions and does not serve to modify or amend these Terms.

 

1.2. These Terms are effective between you and Loginhood as of the date when you place an order or set up an account at either loginhood.io or invisit.io. Loginhood reserves the right to change these Terms from time to time. If such changes are considered material, Loginhood will inform registered customers about the changes by email. Your continued use of our website or services after such changes will constitute acknowledgment and acceptance of the modified Terms.

 

1.3. In case of any discrepancies between the wording of our website and these Terms, these Terms prevail.

 

1.4. In the event we translate these Terms or any other text to other languages, these translations shall be considered unofficial translations and are provided only as convenience translations. They should therefore be interpreted in accordance with their English language versions which will prevail in the event of any discrepancy between the English version and the translation. Loginhood assumes no liability for any errors, omissions or ambiguities in the translations. Any person or entity choosing to rely on the translated content does so at their own risk. When in doubt, please always refer to the official English language version.

 

2. The Services We Deliver – and What You Need to Do

 

2.1. California Consumer Privacy Act (CCPA) test and compliance report

 

2.1.1. Loginhood offers a free CCPA test which analyzes your website to give you an indication of whether or not your website is compliant with the rules set out in the CCPA based on the IAB CCPA Standards.

 

2.1.2. The CCPA test is based only on some basic requirements in the CCPA, and it is not a complete analysis of your website. Therefore, a positive test report must not be taken as a guarantee that your website fulfills all requirements set out in the CCPA. We cannot provide specific advice on whether your website is mandated to follow CCPA, however we provide a site report that helps determine if the IAB standards for compliance are in place, the cookies your site visitors receive, and third party vendors/integrations/advertisers found on your website.

 

2.1.3. The Disclaimer of Warranty as set out in clause 9 and the Limitation of Liability as set out in clause 10 also apply to the use of the CCPA test.

 

2.2. Consent Management Platform Subscription

 

2.2.1. Subject to the sign-up procedure on our website, your acceptance of these Terms and the Agreement, and our receipt of the Subscription Consideration (as defined in Section 3 below), Loginhood will deliver to you the services (“Consent Management Platform” or “CMP”) described on our website.

 

2.2.2. The Consent Management Platform is a solution to the CCPA consent management and data management. We help companies enable a compliant-first product, while allowing their site visitors to manage their personal digital privacy rights as they see fit. The Consent Management Platform is designed as a service to facilitate compliance with IAB CCPA Standards concerning the use of cookies on your website and to help you obtain the relevant consents to the use of cookies from the users of your website. Loginhood is only an online infrastructure, and it is your sole responsibility to ensure legal compliance, correct implementation and provide relevant input to the system, including providing a privacy policy and other required disclosures, identifying your third-party vendors/integrations/advertisers and any other parties accessing your users’ data, wording of the request for consents and providing the necessary information to the users of your website in order to obtain an “informed”, “prior” and “implied” or “explicit” consent as appropriate. We cannot guarantee that using the Consent Management Platform will automatically lead to compliance with all relevant rules and regulations, including, but not limited to, concerning the use of cookies or the collection of consents to the use of cookies. We encourage you to seek local legal advice to ensure compliance with local legislation when implementing the solution on your website and to tailor the wording of the privacy policy and consents to be shown on your website.

 

2.2.3. If you use the Consent Management Platform to exempt specific strictly necessary cookies in case a user declines the use of cookies, it is your responsibility to ensure that such cookies are strictly necessary to enable the basic functionality that the user actively seeks on your website in accordance with current legislation.

 

2.2.4. The Consent Management Platform itself automatically sets up a cookie in the user’s web browser when the user visits your website to store the user’s consent.

 

2.2.5. A user may withdraw a consent at any time by following the onscreen instructions in an online banner (i.e. a user can change a consent at any time by clicking a link that activates the Consent Management Platform’s “renew” method). This functionality requires that you insert a link to the method from your website, e.g. from your website privacy policy, or implement the Consent Management Platform’s cookie declaration which contains the appropriate link for consent renewal.

 

2.2.6. A user consent is logged and documented by registration of the user’s anonymized IP number, browser user agent, website URL, date and time of consent and a unique, encrypted key that is stored in a data center with Loginhood’s cloud vendor, Amazon Web Services. You may request a copy of the consent log from the Consent Management Platform Manager after which it is your own responsibility to handle the log copy data in accordance with current legislation. After 12 months, the consent may be deleted from our log and then used only in an aggregated, anonymized form as part of the statistics that you have access to in the Consent Management Platform.

 

2.2.7. If your subscription is managed by an authorized Consent Management Platform reseller, the reseller will have access to collected data and configurations when managing your subscription, but the reseller has no right to share, use or sell the collected data and configurations.

 

2.3. Loginhood uses its commercially reasonable efforts to take the appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure, misuse or illegal processing. Loginhood is subject to, inter alia, the safeguards provided for in the legislation of Delaware, where the company is established.

 

2.4. As a customer, you can submit questions, comments or suggestions by emailing support@invisit.io. If you are dissatisfied with the service provided, please contact Loginhood.

 

3. Consideration

 

3.1. Consent Management Platform Subscription

 

3.1.1. The Consent Management Platform subscription includes our management of third-party data collection and consent to handle CCPA compliance across your website. The Consent Management Platform includes the following functions: providing a customizable consent banner and cookie declaration on the User’s website, a consent log and tracking reports for documentation, and frontend API for easy implementation, email reports, data export, geolocation, and consent statistics.

 

 

4. Term and Termination

 

5.1. The Agreement and your subscription to our services will be effective from the moment you sign up for our services on our website and until the subscription and the Agreement is terminated by you or us.

 

5.2. You may cancel your subscription or remove a domain from your configuration at any time. You can cancel your subscription by following the instructions in the Order Confirmation. Your data (including account information and collected user consents) may be permanently deleted without further warning or any option to restore. It is your obligation to delete the Consent Management Platform scripts on your website before you cancel your account since the scripts will not work from the time you cancel your account.

 

5. Responsible Use and Conduct

 

By visiting our website and accessing the information, resources, services, products and tools we provide for you, either directly or indirectly (the “Resources”), you agree to use these Resources only for the purposes permitted by (a) these Terms and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

Wherein, you understand that:

 

    1. a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct and up to date.
    2. b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
    3. c. You may permit only authorized users who possess rightfully obtained login information to use the Resources, and you must ensure that anyone who uses the Resources does so only for your authorized use and complies with these Terms.
    4. d. You may not make the Resources or any login information available to any third party, including, without limitation, in any form by rental, service bureau, hosting, time sharing arrangement or demonstration of the Resources to any third party.
    5. e. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
    6. f. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks at which our Resources are located or to which they are connected, is strictly prohibited. This includes restricting in any way any other authorized user from using the Resources.
    7. g. Attempting to copy, duplicate, reproduce, sell, trade or resell our Resources is strictly prohibited unless otherwise agreed in writing.
    8. h. The Resources may not be used in any way that is unlawful or which harms Loginhood as determined by Loginhood in its sole discretion.
    9. i. You must use your best efforts to cooperate with and assist Loginhood in identifying and preventing any unauthorized use, copying or disclosure of the Resources or any portion thereof.
    10. j. If you learn of any actual or threatened infringement of the Resources through piracy, or if any piracy claim is made against you by a party other than Loginhood in connection with your use of the Resources, you must notify Loginhood as soon as possible.
    11. k. You are solely responsible for any consequence, loss or damage which Loginhood may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as described above and which may incur criminal or civil liability.
    12. l. We may provide various open communication tools on our website, such as a help desk, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that we do not generally pre-screen or monitor the content posted by users of these various communication tools which means that if you choose to use these tools to submit any type of content to our website it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:
      1. i. Is illegal, threatening, defamatory, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist or contains any type of improper or inappropriate language;
      2. ii. Infringes on any trademark, patent, trade secret, copyright or other proprietary right of any party;
      3. iii. Contains any type of unauthorized or unsolicited advertising; or
      4. iv. Impersonates any person or entity, including any Loginhood employees or representatives.
    13. m. We have the right to remove at our sole discretion any content that we find in our judgment does not comply with these Terms along with any content that we find to be otherwise offensive, harmful, objectionable, inaccurate or in violation of any third-party copyrights or trademarks. We are not responsible for any delay or failure in relation to the removal of such content. If you post content that we choose to remove, you hereby consent to such removal, and you also consent to waiving any claim against us.
    14. n. We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any third-party copyrights or trademarks, becomes the property of Loginhood, and as such this gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute it as we see fit. This refers and applies only to content posted via open communication tools as described and does not apply to information that is provided as part of the registration process necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.

 

6. Indemnification

 

You agree to indemnify, release, waive, discharge, defend and hold harmless Loginhood and its parent companies, agents, subsidiaries and affiliates, and their respective executive officers, directors, shareholders, partnership, members, principals, managers, employees, donors, resellers, agents, contractors, suppliers, and licensees, from and against all losses, expenses, injuries, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, your website, your violation of any third party rights, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you must provide us with such cooperation as is reasonably requested by us.

 

7. Privacy

 

Your privacy is very important to us, and this is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure and store your private information. Our Privacy Policy is included under the scope of these Terms. To read our Privacy Policy in its entirety, please visit invisit.io/privacy-policy.

 

9. Disclaimer of Warranty

 

9.1. By using our website or services, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

 

      1. a. the use of our Resources will meet your needs or requirements;
      2. b. the use of our Resources will be uninterrupted, timely, secure or free from errors;
      3. c. the information obtained by using our Resources will be accurate or reliable; nor that
      4. d. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

9.2. Furthermore, you understand and agree that:

      1. a. any content downloaded or otherwise obtained through the use of our Resources is downloaded or obtained at your own discretion and risk; that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content; and that
      2. b. no information or advice, whether expressed, implied, oral or written, obtained by you from Loginhood or through any Resources we provide will create any warranty, guarantee or conditions of any kind, except for those expressly outlined in these Terms; and that
      3. c. we are not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur; [b] failed, incomplete, garbled or delayed computer transmissions; [c] late, lost, inaccurate, delayed, stolen, garbled, misdirected or incomplete submissions or for other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the services; or [d] any condition caused by events that may cause the services to be disrupted or corrupted. We are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in connection with the services. We are not responsible for injury or damage to any person’s computer related to or resulting from the services. Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the services or any portion thereof should viruses, bugs or other causes corrupt the administration or security of the services.
      4. 9.3. Unless otherwise expressed or prohibited under law, Loginhood expressly disclaims all warranties, guarantee and conditions of any kind, whether express or implied, including but not limited to any implied warranties, guarantee and conditions of merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of Liability

 

10.1 In conjunction with the Disclaimer of Warranty as explained above, you expressly understand and agree that any claim against us will be limited to the amount you have paid to us in the previous 12 months, if any, for use of products and/or services. In no event will you be entitled to obtain attorneys’ fees or other legal costs.

 

10.2 IN NO EVENT SHALL LOGINHOOD, OR ITS PARENT COMPANIES, AGENTS, SUBSIDIARIES AND AFFILIATES, OR THEIR RESPECTIVE EXECUTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERSHIP, MEMBERS, PRINCIPALS, MANAGERS, EMPLOYEES, DONORS, RESELLERS, AGENTS, CONTRACTORS, SUPPLIERS, AND LICENSEES, BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, AS INCURRED BY YOU), REGADLESS OF WHETHER AS A RESULT OF USING OUR RESOURCES OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS ALLOW, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT LOGINHOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

 

10.3 If Loginhood’s performance of its obligations under these Terms or the Agreement is prevented or delayed by any act or omission of you or its users, agents, subcontractors, consultants, or employees, Loginhood shall not be deemed in breach of its obligations under these Terms or the Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by you, in each case, to the extent arising directly or indirectly from such prevention or delay.

 

11. Copyrights/Trademarks

 

11.1. All content and materials available at invisit.io defined as the Resources in clause 6, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Loginhood and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited unless specifically authorized by Loginhood.

 

11.2. These Terms do not grant you any ownership interest in or to our Resources but only a limited right of use that is revocable in accordance with these Terms or the Agreement. Loginhood does not grant any license or other right to use any of our trademarks, service marks, copyrightable material or other intellectual property except as expressly provided in these Terms or agreed to in writing.

 

11.3. In addition, you agree to refrain from any act which in any way compromises our Resources, including but not limited to: (i) reverse engineering, reverse compiling, decrypting, disassembling or otherwise attempting to derive the source code of the Resource; (ii) modifying, translating or creating derivative works of the Resources; (iii) sublicensing, reselling, renting, leasing, distributing, marketing, commercializing or otherwise transferring rights or usage to the Resources; or (iv) embedding the Resources in any third-party applications unless explicitly permitted.

 

11.4. Upon request from Loginhood, you must be able and ready to confirm at any given time that you adhere to the provisions of this clause. If you fail to deliver such confirmation within 15 working days from receiving the request, this may be considered, at Loginhood’s sole discretion, a material breach of these Terms.

 

12. Governing Law; Venue; Miscellaneous

 

12.1. This website is controlled by Loginhood. By accessing our website or using or buying our services or the Resources, you agree that the laws of the State of New York, regardless of conflict with the main laws, apply to all matters relating to these Terms, the Agreement, the use of our website and the use or purchase of any products or services through this site or the use of the Resources.

 

12.2. In the event of any dispute or disagreement concerning, arising out of or under or otherwise in connection with these Terms or the Agreement (including a dispute or disagreement as to the validity of the Terms or the Agreement) or the services offered by Loginhood, such dispute or disagreement shall be referred to and resolved under the exclusive jurisdiction of the state and federal courts in New York County, New York. You expressly agree to the jurisdiction of the site of such courts and to desist from any defense that lacks jurisdiction or inconvenient forums with respect to such courts. You agree to be notified of the process by mail or other method accepted under the laws of the State of New York.

 

12.3 The invalidity or unenforceability of any provision of these Terms or the Agreement shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and the Agreement shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

 

13. Intellectual Property.

 

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to User under these Terms or the Agreement or prepared by or on behalf of Loginhood in the course of performing the services, including any items identified as such in the Order Confirmation (collectively, the “Deliverables”) except for any confidential information of User or User materials, shall be owned by Loginhood.

 

14. Confidential Information.

 

14.1 All non-public, confidential or proprietary information of Loginhood, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Loginhood to User, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the services and this Agreement is confidential, and shall not be disclosed or copied by User without the prior written consent of Loginhood. Confidential Information does not include information that is: (i) in the public domain; (ii) known to User at the time of disclosure; or (iii) rightfully obtained by User on a non-confidential basis from a third party.

 

14.2 Loginhood shall be entitled to injunctive relief for any violation of this Section.

 

15. Relationship of the Parties.

 

The relationship between the parties is that of independent contractors. Nothing contained in these Terms or the Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

 

16. Assignment.

 

User shall not assign any of its rights or delegate any of its obligations under these Terms or the Agreement without the prior written consent of Loginhood. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under these Terms or the Agreement.

 

17. Force Majeure.

 

We shall not be liable or responsible to User, nor be deemed to have defaulted or breached these Terms or the Agreement, for any failure or delay in fulfilling or performing any term of these Terms or the Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of us including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

18. Waiver.

 

No waiver by us of any of the provisions of these Terms or the Agreement is effective unless explicitly set forth in writing and signed by us. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms or the Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

19. Termination.

 

In addition to any remedies that may be provided under these Terms or the Agreement, we may terminate these Terms or the Agreement with immediate effect upon written notice to you, if you:

      1. (a) have not performed or complied with any of the terms of these Terms or the Agreement, in whole or in part; or
      2. (b) become insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

20. Contact Information

 

If you have any questions or comments about these Terms as outlined above, you can contact us at:

Loginhood Inc., a Delaware company
93 Kingsland Ave, Unit #3F

Brooklyn, NY 11222

 

Email: support@invisit.io