Citisoft Terms of Use
Effective: October 7, 2022
The following Terms of Use (the “Terms”) govern your access to and use of our website (www.citisoft.com) and dependent pages (the “Site”) as a User. By accessing and using our Site, you agree to these Terms. We may update the Terms at any time by posting an amended version on this Site including the effective date of the updated version. By accessing the Site after we make such changes, you will be deemed to have agreed to such changes. Please check the Terms regularly, and before you submit personal information via the Site.
Intellectual Property: Citisoft Inc., Citisoft Inc. UK and its affiliated branch offices (collectively, “Citisoft”) owns all right, title and interest, including patent, copyright, trade secret, trademark and other proprietary registered and unregistered rights, in and to the Site and its software, applications, systems, functionality, appearance, text, video, audio, graphics, photographs and content, and any know-how, methodologies, technologies, formulas, databases, data analytics, algorithms, designs, benchmarks, or processes used by Citisoft on the Site. All rights in the Site, including but not limited to, rights in intellectual property therein, confidential and trade secret material, source code, object code, trademarks, service marks, patents, copyrights and logos, and technologies, formulas, databases, data analytics, algorithms, designs, content, graphics, video, audio, benchmarks or processes developed or provided by Citisoft shall be and will remain the sole and exclusive property of Citisoft.
Prohibited Uses: User is granted only a limited, revocable, non-exclusive, non-transferable license for personal access and use of the Site. User is not permitted to make any commercial use of the Site. User will not and will not permit, assist, facilitate or encourage others to: (a) modify, publish, translate, reverse engineer, reverse compile, disassemble, translate, or create derivative or collective works from the Site or any portion thereof; (b) copy, reproduce, transmit, scrape or distribute the Site, including through the use of a robot, spider or other automatic means; (c) license, sell, resell, lease or otherwise distribute or grant access to third parties to the Site; (d) create malicious software products, tools, designs, instructions or technologies that negatively impact the Site’s performance, functionality, or interoperability with other applications; (e) circumvent any technological measure that controls access to the Site or any part thereof; (f) remove or obfuscate any proprietary notices or labels on the Site; or (g) use the Site for any unlawful or improper purpose, including but not limited to solicit others to perform unlawful acts or to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other protected basis.
Accuracy, Completeness and Timeliness of Information: We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the basis in whole or part for making decisions. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your general reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We are not responsible for the accuracy or completeness of any third party material posted or made available on this Site, including through links to content. Any reliance on third party material on this Site is at your own risk.
Third Party Links: Our Site may contain links to other third-party sites. Citisoft provides these links for your convenience only. When you click on one of these links, you are visiting a Site operated by an entity other than Citisoft. Citisoft does not control and is not responsible for those third-party websites and their practices. We encourage you to investigate the policies and practices of these third-party operators.
Social Media: We do not claim ownership of User generated content. User generated materials, such as communications, posts, comments, feedback, suggestions, ideas, audio, video, photographs, data or other content that you submit on or through the Site (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting User Content, you grant to Citisoft a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, sell, display, transmit, publish, host, and otherwise use User Content, as well as your name, persona and likeness (and the likeness of any other person appearing therein) for any commercial or noncommercial purpose, including but not limited to for any marketing purposes without further notice to you. Citisoft retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
By submitting or posting User Content on the Site, you represent and warrant that: (i) you have all rights in and to the User Content, and the right to grant all of the rights and licenses provided for herein; (ii) you are 18 years of age or older; and (v) the User Content does not contain any unlawful, stolen or defamatory content and does not violate any individuals’ privacy rights. You are solely and exclusively responsible for the User Content and you hereby agree to indemnify and hold Citisoft and its owners, employees, agents, affiliates, assigns and successors harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with your posting of User Content.
Copyright Complaints: Citisoft does not knowingly violate or permit others to violate the copyrights of others. We will promptly investigate any claim of infringement, and remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent. If you believe that your work has been reproduced or used in a way that constitutes copyright infringement, please provide Citisoft with the following information under the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”): (i) identification of the copyrighted work that you believe to be infringed; (ii) identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material; (iii) your name, address, telephone number and (if available) e-mail address; (iv) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (vi) a signature or the electronic equivalent from the copyright holder or authorized representative. Notices of claimed copyright infringement should be delivered via email to na.info@citisoft.com or by mail addressed to 303 Congress St., Floor 5, Boston, MA 02210. In accordance with the DMCA, it is our policy to terminate use of our Site by repeat infringers in appropriate circumstances following an investigation.
Privacy Policy: Citisoft’s collection, processing and use of any personal information you provide through or on the Site, or that is automatically collected by Citisoft during your use of the Site, shall be governed by our Privacy Policy and CCPA Notice of Collection. For further information regarding Citisoft’s use of your personal information, please refer to our Privacy Policy and CCPA Notice of Collection, which are incorporated herein by reference.
No Warranty: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS.” CITISOFT SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND ENTIRE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THOSE WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, AND A COURSE OF DEALING OR TRADE USAGE.
Limitations of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, CITISOFT SHALL NOT BE LIABLE FOR (i) ANY PERSONAL INJURY, HARM, DEATH OR DISABILITY ARISING FROM USER’S ACCESS TO OR USE OF THE SITE; OR (ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF USE OR LOSS OF DATA) ARISING FROM USER’S ACCESS TO OR USE OF THE SITE, EVEN IF CITISOFT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
SOME STATES DO NOT RECOGNIZE EXCLUSIONS OF OR LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF OR LIMITATIONS ON PERSONAL INJURY DAMAGES OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SO THE PROVISIONS SET FORTH ABOVE IN PARAGRAPHS (“No Warranty” and “Limitations of Liability”) MAY NOT BE APPLICABLE TO YOU DEPENDING ON THE STATE.
Indemnification: You agree to defend, indemnify and hold harmless Citisoft from any claim, loss, expense, demand or damage arising from your use of the Site and/or violation of the Terms.
Non-Waiver: No waiver on the part of Citisoft to exercise any right, remedy or privilege shall preclude or limit Citisoft from exercising any other right or further exercise of such rights or the exercise of another right, remedy or privilege.
Dispute Resolution: If we end up in a legal dispute, it will take place in Massachusetts, applying Massachusetts law. You understand that you must file a claim against us within one year after the issue arose. If we do not satisfy your concerns regarding any alleged violation and you wish to pursue a claim against us, you agree to engage in mediation in the event that direct negotiations fail to resolve your concerns. The period for mediation shall be thirty (30) days unless the parties mutually agree to an extension. If mediation fails, the parties will arbitrate the dispute pursuant to the applicable rules of the Judicial Arbitration and Mediation Services (“JAMS”). Any arbitration shall take place in Boston, Massachusetts, before an arbitrator chosen from JAMS. Any award shall be final, binding, and conclusive upon the parties, and a judgment rendered thereon may be entered in any court having jurisdiction thereof. The arbitrator may award any form of remedy or relief (including injunctive relief, such as temporary restraining orders, preliminary and permanent injunctions) that would otherwise be available in court. Any award pursuant to said arbitration shall be accompanied by a written opinion of the arbitrator setting forth the reason for the award. To the extent not inconsistent with applicable laws, the arbitrator will have the authority to hear and grant motions and applications, including on an ex parte or expedited basis. The award rendered by the arbitrator shall be conclusive and binding upon the parties hereto, and judgment upon the award may be entered, and enforcement may be sought in, any court of competent jurisdiction. The prevailing party in any dispute relating to this Agreement shall be entitled to recover associated costs, including reasonable attorneys’ fees. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Governing Law and Jurisdiction: You agree that before you bring a case in court, you will try to mediate the claim against us and then go to arbitration. All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the State of Massachusetts or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Effective: October 7, 2022
Last Updated: October 7, 2022