Cultivate Terms of Service

Welcome to Cultivate. Cultivate is using data from email and enterprise messaging apps to build people analytics software for managers and companies to gain insight into their employee engagement, productivity, and decision making.

This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with Cultivate’s service and features (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”). This Agreement applies to all visitors, users, and others who access the Service (“Users”).

Privacy

Your privacy is critical. We created our Privacy Policy to make important disclosures about how you use Cultivate to analyze your work communications, share with others and how we collect and can use the personally identifiable information ("Personal Information") you enter on our Service. A link to that Privacy Policy is here.

Eligibility

You may use the Service only if you can form a binding contract with Cultivate, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Anyone under 13 is strictly prohibited from using the Service. The Service is not available to any Users previously removed from Cultivate, whether for violation of this Agreement or otherwise.

Sharing Your Content and Information

You own all of the content and Personal Information you enter in Cultivate, and can control how it is shared through your application settings. In addition:

• For content that is covered by intellectual property rights (“IP Content”), you specifically give us the following permission, subject to the limitations set forth in our Privacy Policy: you grant us a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, royalty free, worldwide license to use any IP Content that you post on or in connection with Cultivate.
• We always appreciate your feedback or other suggestions about Cultivate, but you understand that we may use them without any obligation to compensate you for them, just as you have no obligation to offer them to us.

Safety

We do our best to keep Cultivate safe, but we cannot guarantee it. We need your help to keep Cultivate safe, which includes the following commitments by you: You will not collect Users’ content or Personal Information, or otherwise access Cultivate, using automated means (including, but not limited to, harvesting bots, robots, spiders, or scrapers) without our prior written permission. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any User. You will not post content on Cultivate that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not develop or operate on Cultivate a third-party application containing alcohol-related, dating or other mature content. You will not use Cultivate to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working or appearance of Cultivate, such as a denial of service attack or interference with page rendering or other Cultivate functionality. You will not facilitate or encourage any violations of this Agreement or our policies.

Registration and Account Security

Cultivate Users provide their real names and information, and we need your help to keep it that way. You may never use another User’s account without their permission. When creating your own account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Cultivate immediately of any breach of security or unauthorized use of your account. Cultivate will not be liable for any losses caused by any unauthorized use of your account. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on Cultivate, or create an account for anyone other than yourself. If we disable your account, you will not create another one without our written permission. You will not use Cultivate if you are under 13. You will not use Cultivate if you are a convicted sex offender. You will keep your contact information accurate and up-to-date. You will not share your password, let anyone else access your account without your permission, or do anything else that might jeopardize the security of your account. You will not transfer your account to anyone without first getting our written permission. If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a username may infringe the rights of a trademark owner). By providing Cultivate your email address you consent to our use of that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may control your User profile and how you interact with the Service by changing the settings in the Cultivate app.

Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same. You will not post content or take any action on Cultivate that infringes, misappropriates or violates someone else’s rights or otherwise violates applicable laws, rules or regulations. We can remove any content or Personal Information you post on Cultivate if we believe that it violates this Agreement or our policies. If you infringe other people’s intellectual property rights, we reserve the right to disable your account when we, in our sole discretion, deem it appropriate. You will not use our copyrights or trademarks without our express written consent. You will not post anyone’s identification documents or sensitive financial information on Cultivate.

Mobile and Other Devices

We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees and data fees, will still apply.

Special Provisions Applicable to Software

If you download our software, such as a stand-alone software product or a browser plugin, you agree that from time to time, the software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.

Amendments

If we make material changes to this Agreement, we will notify you by posting an announcement on our Service or by sending you an email to the address you have registered with us. Your continued use of Cultivate following any changes to this Agreement constitutes your acceptance of such changes.

Limitation of Liability

Cultivate is not responsible for addressing any claims you have or any claims of any third party relating to the Service, the Cultivate app or your possession and use of the Cultivate app, including, but not limited to: (i) product liability claims; (ii) any claim that the Cultivate app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Neither Cultivate nor its supplies shall be responsible or liable with respect to any subject matter of this Agreement or terms or conditions related thereto under any contract, negligence, strict liability or other theory (a) for loss or inaccuracy of data or cost of procurement of substitute goods, service, or technology, or (b) for any indirect, incidental, or consequential damages including, but not limited to loss of revenues and loss of profits. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusion set forth above may not apply to you.

Termination

If you violate the letter or spirit of this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Cultivate Services to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

Disputes

You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Agreement or Cultivate exclusively in a state or federal court located in New York County in the State of New York. The laws of the State of New York will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in New York County, New York for the purpose of litigating all such claims.

YOU USE CULTIVATE AT YOUR OWN RISK. WE ARE PROVIDING CULTIVATE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CULTIVATE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT CULTIVATE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. CULTIVATE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Special Provisions Applicable to Users Outside the United States

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Cultivate (such as advertising or payments)

Definitions

By "content" we mean anything you or other Users post on Cultivate that would not be included in the definition of Personal Information. By "data" or "User data" or "User’s data" we mean any data, including a User’s content or Personal Information that you or third parties can retrieve from Cultivate or provide to Cultivate. By “app” or "application" we mean any application or website that uses or accesses Cultivate, as well as anything else that receives or has received data from us. If you no longer access Cultivate but have not deleted all of your data from us, the term app or application will apply until you delete the data.

Other

This Agreement makes up the entire agreement between the parties regarding the Services, and supersedes any prior agreements, whether written or oral. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any provision of this Agreement, it will not be considered a waiver of that provision or of any other provision of this Agreement. Any amendment to or waiver of this Agreement must be made in writing and either signed by us or posted by us on the Service. You will not transfer any of your rights or obligations under this Agreement to anyone else without our written consent. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with applicable laws, rules or regulations. This Agreement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you. You will comply with all applicable laws when using or accessing Cultivate.

About Cultivate

Cultivate is a division of Samsung Research America, Inc. (“SRA”) and Cultivate is entering into this Agreement on SRA’s behalf.