CIOPulse Terms of Use

These Terms of Use apply to all customers of CIOPulse ("CIOPulse", "the service"). We may modify and update these Terms of Use at any time, without notice. Should we make any material changes, we will notify you of these changes. In using the service you agree to be bound by these Terms of Use.

Definitions

For the purposes of these Terms of Use:

"Confidential Information” means all confidential proprietary and copyrighted material provided to you which is non-public relating to our business, analyses, technology and includes all valuation models, data and derivative tools.

“Content” means all the information you provide to us, or that is provided to us by those you use CIOPulse to collect feedback from, to enable us to provide the Service. This includes what is referred to as Personal Data and Feedback Data in our Privacy Policy.

“Service", "CIOPulse" or "software" means all the product functionality and related information, guidance and advice we may provide to you over the course of your trial or paid subscription to our CIOPulse software.

“Customer" or "you" means an organisation that uses CIOPulse as part of a trial or paid annual subscription.

"Silversix", “we”, “our” and “us” means Silversix Pty Ltd.

Subscriptions

CIOPulse is cloud-based software delivered electronically to you to help you measure, track and improve customer satisfaction levels with your support teams.

There is a minimum term of 12 months for all paid subscriptions to the service.

To gain access to the service, your nominated administrator must first register online as directed by us.

When you first subscribe to CIOPulse, your subscription starts on the day we receive your subscription payment. Your nominated administrator is able to register online on that day.

To renew your subscription we must receive your payment before the end of your current subscription term.

Renewed subscriptions begin on the anniversary of the date that your first payment was received.

Cancellation & Renewals

Should you decide to cancel your subscription you must email us at support@cio-pulse.com.

To renew your subscription we must receive your renewal payment before the end of your current subscription term.

While we will endeavour to provide you with adequate notice of the end of your subscription term, in the event that you wish to renew, you are solely responsible for ensuring that we receive your payment before the first day of your new subscription term.

Should payment not be received before the first day of your new subscription term, your access to the system will be suspended until payment is received.

Should we not receive your renewal payment beforehand, your account will be deleted 3 months after the expiry of your subscription, in accordance with the ‘Transition of Data upon Expiry or Termination of Service’ clause of our Privacy Policy.

Please note, we do not provide full or partial refunds for unused periods within your subscription term. We do, however, at all times, abide by Australian Consumer law in the provision of refunds and warranties. Should you have any problems accessing the service or other issues, please let us know immediately.

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to CIOPulse for breaching these Terms of Use. Any suspected fraudulent, abusive or illegal activity may also be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.

Upon such termination, your right to use the service immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to the service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

We are not required to provide any refund or part thereof to you for such termination of your subscription. Any refund may be determined in our sole discretion.

Agreement for Subscription Services

To be eligible to subscribe to CIOPulse, you acknowledge and agree to the following:

You own, are responsible for and have the right and permission to use the Content for and in relation to the Service. If you do not own or have the rights to use the Content, you must first obtain the permission of the owner prior to its use. You agree to indemnify us and take over any claim of any third party, directly or indirectly related to the use of any Content in relation to the Service.
You confirm that, if you choose to do so, you have the right to provide us with the contact information (such as name or email address) of survey respondents and staff in order to use our Service. By providing this information to use our Service, you indemnify us against any claims which may arise directly or indirectly as a result of the information you provide to us.
We are only providing you with information and insights to assist you. You need to decide what may work best for your own business and needs. We do not have your individual business goals and situation in mind when we provide this Service. Our Service is not intended as, nor should it be construed as advice and we recommend that you contact a professional advisor if you would like information or advice that takes into account your business goals and situation.
We do not warrant, promise or guarantee that any of the information we provide from the Service will increase your revenue, profit or otherwise change your business in a positive manner. We are only providing information for your consideration from the Content you have provided to enable the Service results.
You are not to share, re-create, or otherwise reproduce the information on or provided through by the service, or otherwise transmitted to you by us except as agreed in these Terms of Use and as intended. In particular, you are not to sell, re-sell or otherwise provide our Service in any way, manner, medium or create derivative works to any third party. No reproduction, distribution or transmission of the copyrighted material on the website or Service is permitted without our written permission which may be granted in our sole discretion.
You will not transfer, sublicense or grant access to any part of our Service to any other person, company, business except as agreed in these terms.
You will use our Service in good faith and will not manipulate, alter, circumvent, or in any way use our Service in an unlawful manner or for unlawful means, whether direct or indirectly.
We may, from time to time, be required to review your Content to comply with our legal obligations. If your Content is illegal or breaches these Terms of Use, we may remove and delete some or all of the Content. We may also prevent access to, delete or refuse to provide to you any Content which violates any law or these Terms of Use. We have no obligation otherwise to monitor or review any Content at any time.
We make no warranty that the website or Service will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavours to ensure the website and Service are always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavour to notify you if the website or Service becomes unavailable for any lengthy and unusual time period.
You agree and acknowledge that the website and Service uses third party vendors and hosting partners to provide the necessary software, hardware, service and storage.
You agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages to the website or Service.

Additional terms for GDPR compliance

If you use CIOPulse to store the personal data of EU citizens covered by the scope of the EU General Data Protection Regulation (GDPR), these additional terms apply to you.

For the purposes of the GDPR you are are the Data Controller and we are the Data Processor.

As the Data Controller, you are responsible for obtaining the consent of your Data Subjects (those whose personal data we process on your behalf) to store their data and you are responsible for what data is collected, how and for what purpose.

We require you to indicate to us why you are collecting personal data, what you will do with it, the duration it needs to be held, and whether it should be deleted or returned at the end of your subscription. We will only process the data we process for you in accordance with your documented instructions. We will notify you if in our opinion an instruction of yours infringes the GDPR.

We require your consent to us sub-contracting the storage of your data to sub-processors:

- Personal Data (such as email address, work mobile number and job title) and Feedback Data (as collected by CIOPulse surveys and forms) are stored in a secure (ISO27001 compliant) data centre in Sydney, Australia.

- Feedback Data (as collected by you when you use our service) is also temporarily stored on Amazon Web Services infrastructure in Virginia, United States, before being securely transferred (encrypted by HTTPS) to our Sydney data centre for permanent storage.

We will assist you to satisfy your responsibilities under the GDPR, in particular in relation to security obligations and data breach notifications. We will make available to you all information necessary to demonstrate compliance with the obligations under the GDPR.

Our sole obligation to you where a data subject wishes to exercise their rights, is to notify you that a right has been exercised. We will not deal with or respond to requests from Data Subjects, but will assist you where you require assistance to comply with your obligations. We will if necessary, and with your consent, anonymise personal data such that the overall integrity of your data is maintained while individual data is no longer personally identifiable.

Modification of Content

We reserve the right at any time to delete, obfuscate or amend any Content if we believe the content to be inappropriate, potentially breach regulations, receive complaints or for any other reason and in our reasonable discretion.. We shall not be liable to you or any third party for any modification when it is required.

We reserve the right to disclose your content, including Personal Data and Feedback Data, to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms of Use.

Liability

You agree and acknowledge that we are not liable for any indirect, consequential or incidental loss or damage which may result from your use of CIOPulse.

For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

This limitation of liability clause includes any reliance by you on the information stored within and provided by CIOPulse and access to or inability to use the service. You assume all risk in using the service and we cannot be liable for your use of or reliance on this service. While we endeavour to keep the service functioning correctly, and the data accurate, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the service for any particular purpose and provide it for your informational purposes and for your own analysis. Any reliance you place on such information is therefore strictly at your own risk.

Unless otherwise stated in the quote or proposal we provided to you, this agreement and terms are limited to the agreed and specified use of the software, which is limited to collecting feedback from your staff (people employed by or sub-contracted to work for your organisation) and does not include collecting feedback from your customers (people who buy or receive the products and services provided by your organisation).

Full liability for any loss will not exceed the amount actually paid by you to us in the last twelve months.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Intellectual Property

All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of Silversix Pty Ltd.

All other trademarks or service marks within this website are the property of their respective owners. You own and retain ownership of all of your content. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or any thing you access through our Service.

You agree and acknowledge that we retain all right, title and interest in the service, including but not limited to the inventions and intellectual property rights contained or embodied within the Service.

You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Confidentiality

You agree not to disclose any Confidential Information to any person except your employees that have signed a written confidentiality agreement with similar or more restrictive obligations as set out in this clause. In addition, you have made them aware of the duty of confidentiality and to only disclose Confidential Information necessary for authorised use and for the sole purpose of assisting you in your business as agreed prior with us.

You undertake to ensure that other persons do not gain access to the Confidential Information other than as permitted under this clause. You may only disclose the Confidential Information (to the extent reasonably necessary) to your legal advisors in relation to your rights and obligations under these terms or where such disclosure is required by regulation or law provided you have first notified us.

Governing Law

These Terms of Use are governed by the laws of Victoria, Australia which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia for determining any dispute concerning these Terms of Use.

Last update: 7 November 2018