Terms of Services by and between Harness Technologies, Inc.
Terms & Conditions were Last Updated: September 28, 2022
This Terms of Services (“Agreement”) is by and between Harness Technologies, Inc. (“Harness,” “we,” “us,” and “our,” as applicable) and you (“Client” or “you”), for the provision of services to you by Harness through a software application, a mobile web page, or Harness’s web page (collectively, the “Site”) as described herein. This Agreement states the terms of service for your use of the Site and any Services (as defined below) provided through or in connection with the Site. Before using the Site or any Services you must read, agree with, and accept all of the terms and conditions of this Agreement and our Privacy Policy, which is incorporated into this Agreement by reference and included within the definition of “Agreement” as used herein. If you do not agree to be bound by all of these terms and conditions, then you may not use the Site or any related Services. This Agreement governs use of the Site by all visitors, users, and other parties that access the Site or use the Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION HEREIN. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This Terms of Services (“Agreement”) is by and between Harness Technologies, Inc. (“Harness,” “we,” “us,” and “our,” as applicable) and you (“Client” or “you”), for the provision of services to you by Harness through a software application, a mobile web page, or Harness’s web page (collectively, the “Site”) as described herein. This Agreement states the terms of service for your use of the Site and any Services (as defined below) provided through or in connection with the Site. Before using the Site or any Services you must read, agree with, and accept all of the terms and conditions of this Agreement and our Privacy Policy, which is incorporated into this Agreement by reference and included within the definition of “Agreement” as used herein. If you do not agree to be bound by all of these terms and conditions, then you may not use the Site or any related Services. This Agreement governs use of the Site by all visitors, users, and other parties that access the Site or use the Services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION HEREIN. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
You accept and are legally bound under this Agreement by doing any of the following: (1) by clicking “I agree” or its equivalent when such terms are presented on your screen, (2) by accessing the Services in any way, such as by viewing, downloading, or uploading any content made available via the Services by us, by you, or by others, (3) submitting an online application form to us or creating an account with us, or (4) by browsing the Site or the Services. We may update or revise this Agreement from time to time. The most current version of the Agreement will be posted on the Site under the link at the bottom of the homepage, so please review this Agreement frequently. Notice of changes to this Agreement will be posted to the Site according to the Notice provisions herein, and your continued use of the Site constitutes your acceptance of such changes.
Site and Services. The Site currently provides functionality and support for our platform that enables end users to round up to the nearest dollar in certain financial transactions, accrue the amount rounded to a certain threshold, and then donate that accrued amount to charity, such as the Client’s organization, or provide a custom donation, through a version of the Site using the Client’s branding (“Services”). The Site may include information, descriptions, ordering forms and guidelines, account information, text, graphics, audio, video, demonstrations, and other features to support these Services (“Content”), all of which are provided as part of the Services. As used herein, the term “Content” also includes, without limitation, software applications and all text, graphics, descriptions, and other content in a software application or other Site, and all such material provided or made available to you through the Sites. Unless explicitly stated otherwise, this Agreement will apply to any new features of or enhancements to the current Services or Content.
The Services and Content are provided “AS-IS” and “AS-AVAILABLE” for your use, and we are not responsible for the timeliness, deletion, inaccuracy, interruption, or mis-delivery of any part of the Service or Content. The Content and certain tools used for the Services on this Site may be provided by one or more third-party vendors or individual Content providers. You understand and agree that we cannot verify the accuracy of such Content or Services, and we make no representations or warranties to you that the Content is accurate or reliable.
We reserve the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing us to disclose Content or the Information, the identity of anyone posting Content or Information, or publishing or otherwise making available any materials that are believed to violate this Agreement or other law. By accepting the terms of this Agreement you waive, release, and hold us harmless from any claims resulting from any action we take during or as a result of our investigations and/or from any actions taken as a consequence of investigations by us, by law enforcement, or by duly authorized regulatory authorities.
To use certain portions of the Services, such as our payment round-up Services, you must register an account with us (“Account”). When you request a demonstration or submit an online Account application form to us, we retain the right, in our sole and exclusive discretion, to approve your organization for Account registration, and we are under no obligation to grant such approval. Upon completion of your Account registration, you have engaged Harness to use the portions of the Site that enable our payment round-up Services.
If you register an Account with us, you agree to provide true, accurate, current, and complete Information about yourself and your organization. We retain the right to suspend or terminate your Account and refuse any and all current or future use of the Service and Content (or any portion thereof) if you provide any untrue, inaccurate, outdated, or incomplete information, or if we reasonably suspect that you have done so.
Certain features of the Site, Services, or Account registration allow or require you to upload or otherwise submit to the Site certain types of text, graphics, data, records, notes, and other information, some of which may contain your personally identifiable information or proprietary information, such as trademarks or copyrightable content (collectively, the “Information”). You hereby grant us and all other persons or entities involved in the operation of the Site, and any of our affiliates or business partners, an irrevocable, unconditional, royalty-free, non-exclusive, right and license to transmit, monitor, retrieve, store, display and use your Information in connection with operation of the Site, provision of the Services, for analytic uses, and for commercial purposes "License Granted". Harness acknowledges the Client’s exclusive right, title, and interest in its name and trademarks and its grant of authority to Harness to use the same for the purposes of this Agreement. Upon the termination of this Agreement or Client’s Account (defined below), all rights to, and interest in, the Client’s trademarks held by Harness shall revert fully to the Client, and the License Granted herein shall be terminated.
If you register an Account with us, the Services associated with your Account are generally accessible 24 hours a day, seven days a week, except for reasonable periods of time for system maintenance. We are not liable under this Agreement for failure to provide access due to a system failure or due to other unforeseen acts. Even in cases where notification is usually required, we may modify, suspend, or terminate access to certain portions of the Services or your Account at any time and for any reason without prior notice, in order to protect the system or your Account. We will give you notice in other situations if required by law.
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Harness Technologies, Inc. ("HC," “we,” “us,” or “our”) is committed to maintaining the confidentiality, integrity and security of information, including personal information, provided to us by users of our web site at https://harnessapp.com (the “Site”) and all versions of any applications that we provide, whether directly to you or through a third party (together, the “Services”). Accordingly, this Privacy Policy (this “Privacy Policy”) explains how we collect, use, share and protect the information you provide to us or that we otherwise collect in connection with the Services.
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY AND YOU CONSENT TO THE COLLECTION AND USE OF INFORMATION AS DISCUSSED BELOW. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT ACCESS OR USE THE SERVICES
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If you have any questions regarding these Terms or the Service, please contact us at hello@harnessfi.com