Legal

Terms of service

Please carefully read these terms of service before using Collusion as they govern your access to and use of Collusion ("we" or "our") websites and services (the "Services" or "Content").

By using our Services you agree to be bound by these Terms. If you are using our Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, "you" and "your" will refer to that organization.

You may use our Services only in compliance with these Terms. You may use our Services only if you have the power to form a contract with Collusion US Inc and are not barred under any applicable laws from doing so. Our Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any Content from our Services at our discretion.

By using our Services, you create Content on our systems and servers via our website and software application. You retain full ownership to your Content. These Terms do not grant us any rights to your Content or intellectual property except for the limited rights that are needed to run the Services. By using our Services, you give us the permissions we need to provide the Services. This permission also extends to trusted third parties we work with to provide our Services, including but not limited to: infrastructure providers, hosting, email and analytics providers.

How we collect and use your information is also explained in our Privacy Policy.

You are solely responsible for your conduct, the Content of your Collusion projects, and your communications with others while using our Services. Collusion US Inc has no obligation to monitor any information on our Service. Collusion US Inc is also not responsible for the appropriateness, legality or any Content you may be able to access while using our Services.

Our Services provide features that allow you to share Content with others or to make it public. There are many things that users may do with that Content (for example, copy it, modify it, distribute it). Please consider carefully what you choose to share or make public. Collusion US Inc has no responsibility for that activity.

Content in our Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using our Services.

You are responsible for maintaining and protecting all of your Content. Collusion will not be liable for any loss or corruption of your Content, or for any costs or expenses associated with backing up or restoring any of your Content.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. Our Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

You are responsible for safeguarding the password that you use to access our Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify us of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data, it is your responsibility to use a secure encrypted connection to communicate with our Services.

Some use of our Service requires you to download a client software package ("Software"). Collusion US Inc hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access our Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services will notify the Software on your device when a new version of our software is available.

Collusion is currently in its Beta stage and our Services may be unavailable due to service upgrade or maintenance. When possible we will publish service outage notice in advance, this however may not be possible in certain circumstances and will result in unscheduled outages.

An active internet connection and Collusion pen/receiver hardware may be required to use our Services.

Even though ALL Content created in Collusion is constantly backed up, all Content is subject to loss. All Content including projects, drawings, text and pictures may also be purged during or towards the end of Collusion Beta trial. Where possible, we will contact you to inform you before we delete any Content.

All Content created in Collusion by you will be saved to your account. The Content in your account belongs to you and will not be visible to other users unless you decide to share via the 'Invite User' feature. This Content however, may be visible to certain employees of Collusion and so it is suggested that no sensitive data be added to Collusion while the service is still in Beta.

Once Collusion Beta ends, all Beta users will be provided standard access to our Services.

These terms do not grant you any right, title, or interest in the Services, Software, or the Content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Collusion trademarks, logos, domain names, or other brand features.

You will not, and will not attempt to, misuse our Services, and will use our Services only in a manner consistent with these terms of service.

Collusion respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Collusion reserves the right to delete or disable Content alleged to be infringing and to terminate repeat infringers.

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end our Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use our Services in any way that would cause us legal liability or disrupt others’ use of our Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases where we may suspend immediately.

The services and software are provided "as is", at your own risk, without express or implied warranty or condition of any kind. we also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Collusion will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability
To the fullest extent permitted by law, in no event will Collusion, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Collusion US Inc has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website accessible via your account. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using our Services.

These terms and the use of our Services and Software will be governed by Delaware law except for its conflicts of laws principles. All claims arising out of or relating to these terms or our Services or Software must be litigated exclusively in the federal or state courts of Delaware, and both parties consent to venue and personal jurisdiction there.

These Terms constitute the entire and exclusive agreement between you and Collusion US Inc with respect to our Services, and supersede and replace any other agreements, terms and conditions applicable to our Services. These Terms create no third party beneficiary rights. Collusion’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Collusion may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with our Services. Collusion and you are not legal partners or agents; instead, our relationship is that of independent contractors.