When you use any Ontologize products or services, you are agreeing to these latest Terms of Service (“Terms”). Violation of these terms may, at our discretion, result in us terminating your account.
We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page.
Definitions
“Company”, “we”, “our”, or “us” in any of our policies or terms, refers to Ontologize LLC.
“Services” refers to our websites, including answers.ontologize.com, portal.ontologize.com, careers.ontologize.com, and ontologize.com, and any product created and maintained by Ontologize LLC.
"Ontologize Answers" or "Answers" refers to our Service that is a Q&A forum, community, and knowledge base hosted at answers.ontologize.com. We have specific policies regarding content posted by users or Ontologize employees to Ontologize Answers ("Ontologize Answers Content").
Finally, “you” or “your” refers to the people or organizations that own an account with one or more of our Services.
We have a specific Account Ownership Policy for our products.
Account Terms
You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security. In some of our Services, we may require it.
You may not use the Services for any purpose outlined in our Use Restrictions Policy, and you may not permit any of your users to do so, either.
You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Payment
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes Policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.
Cancellation and Termination
You are solely responsible for properly canceling your account. You can find instructions for how to cancel your account in our Cancellation Policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our support team.
All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. If you have purchased a course, you will lose access to that content and will need to contact our support team to regain access to the course content.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time, including, but not limited to violations of our Use Restrictions Policy.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
Modifications to the Service and Prices
We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
Uptime, Security, and Privacy
Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements, but do take uptime of our applications seriously.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. We’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.
You agree that Ontologize may process your data as described in our Privacy Policy and for no other purpose. On rare occasion, our staff may access your data for the following reasons:
- To help you with support requests you make. We’ll ask for express consent before accessing your account.
- To safeguard Ontologize. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law. As a U.S. company with its main data infrastructure located in the US, we only preserve or share customer data if compelled by a U.S. government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-U.S. authority approaches Ontologize for assistance, our default stance is to refuse unless the order has been approved by the U.S. government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Ontologize is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data list of Company Processors.
Under the California Consumer Privacy Act (“CCPA”), Ontologize is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, the Privacy Policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. Similarly, you agree to comply with your requirements under the CCPA and not use Ontologize's Services in a way that violates the regulations.
These Terms incorporate the Ontologize Data Processing Addendum (“DPA”) when the EU General Data Protection Regulation (“GDPR”) or United Kingdom General Data Protection Regulation (“UK GDPR”) applies to your use of Ontologize Services to process Customer Data as defined in the DPA. The DPA linked above supersedes any previously agreed data processing addendum between you and Ontologize LLC relating to your use of the Ontologize Services.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT ALLOWED BY LAW, ONTOLOGIZE DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
Indemnification
You will indemnify and hold Ontologize, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including, without limitation, hosting and telecommunications providers) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to Ontologize Answers, use of Ontologize products or services made available publicly, your violation of this Agreement, or your infringement or any third party using your account, of any intellectual property right.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONTOLOGIZE AND ITS AFFILIATES SHALL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ONTOLOGIZE ANSWERS OR OTHER SERVICES (I) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE, EVEN IF ONTOLOGIZE OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. NOTHING IN THIS LIMITATION OF LIABILITY SHALL PREVENT ONTOLOGIZE'S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. NOTWITHSTANDING SUCH RIGHT OF EQUITABLE RELIEF, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION OF LIABILITY OR EXCLUSION OF LIABILITY, SUCH LIMITATION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Content Permissions, Restrictions, and Creative Commons Licensing
Ontologize Content
All materials displayed or performed on our Services, including but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively “Ontologize Content”) (other than content posted by individuals to Ontologize Answers, “Member Content”) are the property of Ontologize and/or third parties and are protected by United States and international copyright laws.
All trademarks, service marks, and trade names are proprietary to Ontologize and/or third parties and use of our Services means you agree to abide by all copyright notices, information, and restrictions contained in any content accessed through the Services.
Ontologize Answers Content
"Ontologize Answers Content" refers to all content (both Ontologize Content and Member Content) and is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international covenants, and other copyright laws. Other than as expressly set forth in these Terms, you may not copy, modify, publish, transmit, upload, participate in the transfer or sale of, reproduce (except as provided in these Terms), create derivative works based on, distribute, perform, display, or in any way exploit any of the Ontologize Answers Content, software, materials, or Services in whole or in part.
Public Content
You may download or copy the public Ontologize Content, and other items displayed on public Ontologize Services for download or personal use provided that you maintain all copyright and other notices contained in such Public Content.
All content that is not accessible without logging into any of our Services, including but not limited to Ontologize Answers Content, is not public content.
Any other downloading, copying, or storing of any public Ontologize Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Ontologize or from the copyright holder identified in the copyright notice per the Creative Commons License. In the event you download software from our public Services (other than Member Content) the software including any files, images incorporated in or generated by the software, the data accompanying the software (collectively, the “Software”) is licensed to you by Ontologize or third party licensors for your personal, noncommercial use, and no title to the Software shall transfer to you. Ontologize or third party licensors retain full and complete title to the Software and all intellectual property rights therein.
Member Content
You agree that any and all content, including without limitation any and all text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, animations, and product feedback (collectively, “Content”) that you provide to Ontologize Answers (collectively, “Member Content”), is perpetually and irrevocably licensed to Ontologize on a worldwide, royalty-free, non-exclusive basis pursuant to Creative Commons licensing terms (CC BY-SA 4.0), and you grant Ontologize the perpetual and irrevocable right and license to access, use, process, copy, distribute, export, display and to commercially exploit such Member Content, even if such Member Content has been contributed and subsequently removed by you as reasonably necessary to, for example (without limitation):
- Provide, maintain, and update Ontologize Answers
- Process lawful requests from law enforcement agencies and government agencies
- Prevent and address security incidents and data security features, support features, and to provide technical assistance as it may be required
- Aggregate data to provide product optimization
This means that you cannot revoke permission for Ontologize to publish, distribute, store and use such content and to allow others to have derivative rights to publish, distribute, store and use such content. The CC BY-SA 4.0 license terms are explained in further detail by Creative Commons.
In the course of using Ontologize Answers or our other Services you may have the opportunity to contribute public content. You should be aware that all Public Content you contribute is available for public copy and redistribution, and all such Public Content must have appropriate attribution.
General Provisions
Assignment and Jurisdiction
Ontologize reserves the right to assign our rights and obligations under these Terms (in whole or in part) without your consent to a corporate affiliate, or in connection with a merger, acquisition, corporate restructure or reorganization, or due to the sale of all or substantially all of our assets.
These Terms will be governed by and construed in accordance with the applicable laws of the State of California, without giving effect to the principles of that State regarding conflicts of laws. Both you and Ontologize hereby irrevocably agree to the sole and exclusive personal jurisdiction of the Courts of the State of California with respect to any action, suit, or proceeding brought by it or against it by the other party in connection with our Services. Notwithstanding the foregoing, these Terms shall not prevent either party from seeking injunctive relief with respect to a violation of the confidentiality provisions and indemnification provisions contained in these Terms. The Uniform Commercial Code shall not apply to the provisions of these Terms to the fullest extent permitted by law. No shrinkwrap or click-wrap terms contained in any purchase order or any form shall apply to or supersede these Terms. In the event of any conflict between the terms and conditions of these Terms and any such shrinkwrap or click-wrap terms, the terms and conditions of the former shall prevail.
Mandatory Arbitration
YOU AGREE THAT WITH RESPECT TO ALL DISPUTES BETWEEN YOU AND ONTOLOGIZE OR ITS AFFILIATES OR ITS OFFICERS, DIRECTORS, OR EMPLOYEES (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THESE TERMS, YOUR USE OF OUR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, YOU AND ONTOLOGIZE SHALL FIRST CONSULT WITH EACH OTHER TO ATTEMPT TO RESOLVE SUCH DISPUTE IN A MANNER SATISFACTORY TO BOTH PARTIES, AND THAT IF A RESOLUTION IS NOT REACHED WITHIN NINETY (90) DAYS, THEN THE DISPUTE SHALL BE REFERRED TO AND RESOLVED BY BINDING ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of our Services or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
You agree that, notwithstanding anything in the foregoing, any arbitration proceeding between you and us will be conducted in California, USA, that the language of the arbitration shall be in English, and that all arbitration proceedings shall be considered confidential in nature.
If you don’t want to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “Assignment and Jurisdiction” section below. Your written notification must be mailed to us at Ontologize, Attn: Legal Department, 2108 N St Ste N, Sacramento CA 95816, United States or by email notification at legal@ontologize.com. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this section, including, without limitation, the arbitration and class-action waiver provisions, and also including such provisions in any modifications we make to these Terms after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this section (other than a change to the address at which we will receive notices or rejections of future changes to this section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out in the “Notices” section. It is not necessary to send us a rejection of a future change to this section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this section shall not affect the other arbitration agreements between you and us.
Survival
The sections entitled “Content Permissions, Restrictions, and Creative Commons Licensing”, “Disclaimer of Warranties”, “Indemnification”, “Limitation of Liability”, “Assignment and Jurisdiction”, “Mandatory Arbitration”, “Survival”, “Merger and Severability”, “Notices”, “No Waiver”, and “Headings” shall survive any termination or expiration of these Terms.
Modifications
Ontologize reserves the right, in its sole discretion, to modify or replace these Terms, as our business evolves over time and to better provide Services, or to change, suspend, or discontinue any Services at any time by posting a notice on our website or by sending you notice via e-mail or by another appropriate means of electronic communication.
Merger and Severability
These Terms shall not be construed to constitute any agency, partnership, joint venture, or employment relationship between you and Ontologize. These Terms represent the entire agreement between you and Ontologize and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Services contemplated hereunder. If any provision of these Terms is held to be invalid, void, unenforceable, or contrary to public policy, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain and continue in full force and effect.
Notices
Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal@ontologize.com.
No Waiver
Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings
The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Copyright
All content posted on the Services must comply with U.S. copyright law. We provide details on how to file a copyright infringement claim.
