RADAR108
Site Terms
Posted on 4/29/20, 12:00:00 AM.000

<p align="center" style="font-family: Raleway; text-align: center; font-size: 30px;"><b style="font-size: medium;">Introduction</b></p><span style="font-family: Raleway; font-size: medium;">Thank you for using 108Digital’s products, services, websites, and apps which are branded as “108Digital” (“108Digital Services”)</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">These Terms of Use (“TOU”) contain the terms under which 108Digital and its affiliates provide their Services to you and describe how the Services may be accessed and used.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">[[108Digital provides a variety of different services. Additional service-specific terms and policies(including rules and guidelines) apply to some Services (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. You can view a full list of Additional Terms in our Legal Center. We refer to the combination of these TOU and any applicable Additional Terms collectively as these “Terms.”</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>1. Fees and Payments</b></p><span style="font-family: Raleway; font-size: medium;">1.1. Fees for Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You agree to pay to 108Digital any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify 108Digital of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">1.2. Subscriptions.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">1.3. Taxes.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">Unless otherwise stated, you are responsible for any taxes (other than 108Digital’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay 108Digital for the Services without any reduction for Taxes. If 108Digital is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide 108Digital with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to 108Digital, you must provide 108Digital with an official tax receipt or other appropriate documentation to support such payments.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">1.4. Price Changes.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. 108Digital will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">1.5. Overage Fees.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>2. Privacy</b></p><span style="font-family: Raleway; font-size: medium;">2.1. Privacy.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">In the course of using the Services, you may submit content to 108Digital (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. 108Digital’s Privacy Policy, together with any Service-specific privacy notices or statements (collectively, “108Digital privacy policies”), detail how we treat your Content (including your personal data) and we agree to adhere to those 108Digital privacy policies. You in turn agree that 108Digital may use and share your Content in accordance with the 108Digital privacy policies and applicable data protection laws. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the 108Digital privacy policies.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">2.2. Confidentiality.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the 108Digital privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by 108Digital); (b) was lawfully known to 108Digital before receiving it from you; (c) is received by 108Digital from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by 108Digital without reference to your Content. 108Digital may disclose your Content when required by law or legal process, but only after 108Digital, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">2.3. Security.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital will store and process your Content in a manner consistent with industry security standards. 108Digital has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>3. Your Content</b></p><span style="font-family: Raleway; font-size: medium;">3.1. You Retain Ownership of Your Content.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You retain ownership of all of your intellectual property rights in your Content. 108Digital does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">3.2. Limited License to Your Content.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You grant 108Digital a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the 108Digital privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of 108Digital’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide 108Digital with feedback about the Services, we may use your feedback without any obligation to you.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">3.3. Customer Lists.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital may identify you (by name and logo) as a 108Digital Services on 108Digital and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>4. 108Digital IP</b></p><span style="font-family: Raleway; font-size: medium;">4.1. 108Digital IP.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>5. User Content</b></p><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">5.1. User Content.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">The Services display content provided by others that is not owned by 108Digital. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. 108Digital is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">5.2. Content Review.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You acknowledge that, in order to ensure compliance with legal obligations, 108Digital may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, 108Digital otherwise has no obligation to monitor or review any content submitted to the Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">5.3. Third Party Resources.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital may publish links in its Services to internet websites maintained by third parties. 108Digital does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>6. Account Management</b></p><span style="font-family: Raleway; font-size: medium;">6.1. Keep Your Password Secure.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">If you have been issued an account by 108Digital in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not 108Digital, are responsible for any activity occurring in your account (other than activity that 108Digital is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify 108Digital immediately. Accounts may not be shared and may only be used by one individual per account.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">6.2. Keep Your Details Accurate.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">6.3. Remember to Backup.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, 108Digital will not be liable for any failure to store, or for loss or corruption of, your Content.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">6.4. Account Inactivity.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">6.5. Customer Success.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>7. User Requirements</b></p><span style="font-family: Raleway; font-size: medium;">7.1. Legal Status.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">If you are an individual, you may only use the Services if you have the power to form a contract with 108Digital. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">7.2. Minors</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">“Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">7.3. Embargoes</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from 108Digital. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>8. Acceptable Uses</b></p><span style="font-family: Raleway; font-size: medium;">8.1. Legal Compliance.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">8.2. Your Responsibilities.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(b) You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(c) You may not circumvent or attempt to circumvent any limitations that 108Digital imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(d) Unless authorized by 108Digital in writing, you may not probe, scan, or test the vulnerability of any 108Digital system or network.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(e) Unless authorized by 108Digital in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. 108Digital will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to 108Digital.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(j) Unless authorized by 108Digital in writing, you may not resell or lease the Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless 108Digital has agreed with you otherwise. You may not use the Services in a way that would subject 108Digital to those industry-specific regulations without obtaining 108Digital’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with 108Digital that permits you to do so.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(l) You may not register accounts by “bots” or other automated methods, unless it is via an API authorized by us.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">(m) Your Content and use of the Services may not violate our Content Policy.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>9. PCI Compliance</b></p><span style="font-family: Raleway; font-size: medium;">9.1. PCI Standards.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). 108Digital provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">9.2. Cardholder Data.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. 108Digital has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where 108Digital explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>10. Suspension and Termination of Services</b></p><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">10.1. By You.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You can terminate your Subscription at any time through your account management page. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one.If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">10.2. By 108Digital.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. 108Digital may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. 108Digital may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after 108Digital has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, 108Digital may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where 108Digital may decide that we need to take immediate action without notice. 108Digital will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. 108Digital has no obligation to retain your Content upon termination of the applicable Service.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">10.3. Further Measures.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">If 108Digital stops providing the Services to you because you repeatedly or egregiously breach these Terms, 108Digital may take measures to prevent the further use of the Services by you, including blocking your IP address</span><p style="font-family: Raleway; font-size: medium;"><b>11. Changes and Updates</b></p><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">11.1. Changes to Terms.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the 108Digital website. If an amendment is material, as determined in 108Digital’s sole discretion, 108Digital will notify you by email. Notice of amendments may also be posted to 108Digital’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require 108Digital to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">11.2. Changes to Services.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">108Digital constantly changes and improves the Services. 108Digital may add, alter, or remove functionality from a Service at any time without prior notice. 108Digital may also limit, suspend, or discontinue a Service at its discretion. If 108Digital discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. 108Digital may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">11.3. Downgrades.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>12. Disclaimers and Limitations of Liability</b></p><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">12.1. Disclaimers.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">While it is in 108Digital’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND 108Digital DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">12.2. Exclusion of Certain Liability.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">TO THE EXTENT PERMITTED BY APPLICABLE LAW, 108Digital, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF 108Digital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">12.3. Limitation of Liability.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF 108Digital, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO 108Digital FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">12.4. Consumers.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">12.5. Businesses.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">If you are a business, you will indemnify and hold harmless 108Digital and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>13. Contracting Entity</b></p><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">13.1. Who you are contracting with.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, 108Digital Inc.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">13.2. 108Digital Inc.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">For any Service provided by 108Digital Inc., the following provisions will apply to any terms governing that Service:</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><ul style="font-family: Raleway; font-size: medium;"><li>Contracting Entity. References to “108Digital”, “we”, “us”, and “our” are references to 108Digital Inc., located at 31 Country Way, Bethel, CT 06801, USA.</li><li>Governing Law. Those terms are governed by the laws of the State of Connecticut (without regard to its conflict of laws provisions).</li><li>Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Fairfield County, Connecticut</li></ul><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>14. Other Terms</b></p><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.1. Assignment.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">You may not assign these Terms without 108Digital’s prior written consent, which may be withheld in 108Digital’s sole discretion. 108Digital may assign these Terms at any time without notice to you.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.2. Entire Agreement.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">These Terms (including the Additional Terms) constitute the entire agreement between you and 108Digital, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.3. Independent Contractors.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">The relationship between you and 108Digital is that of independent contractors, and not legal partners, employees, or agents of each other.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.4. Interpretation.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.5. No Waiver.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.6. Precedence.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.7. Severability.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.8. Third Party Beneficiaries.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">There are no third party beneficiaries to these Terms.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">14.9. Survival.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">The following sections will survive the termination of these Terms: 1, 2, 3.2, 10, 12, 13, 14, 15.</span><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><p style="font-family: Raleway; font-size: medium;"><b>15. Language</b></p><br style="font-family: Raleway; font-size: medium;"><br style="font-family: Raleway; font-size: medium;"><span style="font-family: Raleway; font-size: medium;">These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.</span><div><br></div><div><br></div><div><p align="center" style="text-align: left; font-family: Raleway; font-size: 30px;"><span style="font-size: medium;">Last updated: November 28, 2018</span></p><p style="font-family: Raleway; font-size: medium;"></p><br style="font-family: Raleway; font-size: medium;"></div>

Content Policy
Posted on 4/29/20, 12:00:00 AM.000

<p align="center" style="text-align: left; font-family: Raleway; font-size: 30px;"><span style="font-size: medium;">The purpose of the content policy is to establish guidelines that will allow the best usage of the Radar108 platform in a legal and ethical manner by all legitimate businesses and organizations, and to prevent nefarious activities from hindering site operation. Content is defined as anything that includes text, photos, graphics, audio, video and other content.</span></p><p class="MsoNormal" style="font-family: Raleway; font-size: medium;"><span lang="EN-US">All Radar108 users must accept this content policy. If you violate this policy our&nbsp;<span style="color: rgb(0, 112, 192);"><a href="https://www.radar108.com/userViewPost.action?blogpostId=34">terms of service</a></span>&nbsp;suggesting</span>&nbsp;behavior that is harmful to our system or our business model, your account will be terminated or suspended.&nbsp;</p><p class="MsoNormal" style="font-family: Raleway; font-size: medium;"><b><span lang="EN-US">Prohibited Content<o:p></o:p></span></b></p><p class="MsoNormal" style="font-family: Raleway; font-size: medium; margin-bottom: 0.0001pt;"><span lang="EN-US">Radar108 may be used to communicate with other platform users or with prospects and customers across multiple channels including content posted to Radar108 or affiliate sites. You are prohibited from sharing any content that is meant to promote anything that is illegal or to harass anyone.&nbsp;<b>The following content is prohibited to be uploaded or used for any promotion using Radar108.</b>&nbsp;This may include content related to industries which we do not allow the self-serve platform to be used for. Our risk bearing ability is limited with respect to these industries and thus we do not allow these industries and therefore such content to be allowed to be uploaded to or communicated via our platform.</span></p><ul style="font-family: Raleway; font-size: medium;"><li>Emails, web-posts, social posts offering to sell illegal goods or services</li><li>Emails that violate CAN-SPAM Laws</li><li>Violence or hate speech, including content used to bully or harass</li><li>Content used to promote or instigate violence</li><li>Pornography/sexually explicit content</li><li>Adult Entertainment/Novelty Items</li><li>Escort and dating services</li><li>Pharmaceutical products, nutritional, herbal, and vitamin supplements</li><li>Work from home, make money online, and lead generation opportunities</li><li>Gambling services or products</li><li>Multi-level marketing</li><li>Affiliate marketing</li><li>Credit repair and get out of debt opportunities</li><li>Selling “Likes” or followers for a social media platform</li><li>Sale, transaction, exchange, storage, marketing or production of cryptocurrencies, virtual currencies</li></ul><p class="MsoNormal" style="font-family: Raleway; font-size: medium; margin-bottom: 0.0001pt;"><b><span lang="EN-US">Right to Review Content<o:p></o:p></span></b></p><p class="MsoNormal" style="font-family: Raleway; font-size: medium; margin-bottom: 0.0001pt;"><span lang="EN-US">Radar108 reserves the right to review content posted to our site through automated and manual methods to prevent system abuse, spam complaints, including an abnormal bounce rate of emails.Such reviews may result in your account suspension or termination.</span></p><p class="MsoNormal" style="font-family: Raleway; font-size: medium; margin-bottom: 0.0001pt;"><b>Prohibited Actions</b></p><p style="font-family: Raleway; font-size: medium;"></p><span style="font-family: Raleway; font-size: medium;">We have worked hard to build this system, and our reputation to serve you better and we would like to your help to protect these assets, so we can continue to serve you well. To help us, you may not:</span><p style="font-family: Raleway; font-size: medium;"></p><ul style="font-family: Raleway; font-size: medium;"><li>Send Spam. Spam is defined as any message that violates CAN SPAM law. You must be able to show evidence of consent for bulk email.</li><li>Include inyour Email, web or social content, any material that wasn’t created by you, provided for you to use, or would violate anyone’s rights.</li><li>Use any misleading information such as incorrect names, addresses, email addresses, subject lines, or other information in any Emails created or sent using our Service or posted onto any Website or social media using this platform.</li><li>Under any circumstances share your password.</li><li>Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.</li><li>Use any of the software on our Website, or downloaded from the Website, to create a competing product.</li><li>Use any other external unsubscribe process when sending bulk content to a list hosted in Radar108.</li><li>Set up multiple accounts for any person or entity in order to send similar content.</li><li>Import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.</li><li>Send email that will be delivered to recipients as text, SMS, or MMS messages unless using a feature designed for that purpose.</li><li>Upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.</li><li>Send or forward personal mail.</li><li>Host images on our servers for any purpose other than for use in your email or other digital or offline campaigns.</li><li>Delete, bulk unsubscribe, or otherwise modify your list in order to avoid our billing thresholds.</li></ul><p style="font-family: Raleway; font-size: medium;">Thanks for taking the time to read our Content Policy.</p><p style="font-family: Raleway; font-size: medium;"><br></p><p class="MsoNormal" align="center" style="text-align: left; font-family: Raleway; font-size: medium;"><span lang="EN-US">Last updated: November 28, 2018</span></p>

Privacy Policy
Posted on 4/29/20, 12:00:00 AM.000

<p align="center" style="text-align: left; font-family: Raleway; font-size: 30px;"><span style="font-size: medium;">We recommend that you read this privacy policy in full to ensure you are fully informed. However, to make it easier for you to review the parts of this privacy policy that apply to you, we have divided up the document into sections that are specifically applicable to Members (Section 2), Contacts (Section 3), and Visitors (Section 4). Sections 1 and 5 are applicable to everyone.</span></p><p style="font-family: Raleway; font-size: medium;">If you have any questions or concerns about our use of your Personal Information, then please contact us using the contact details provided at the end of Section 5.</p><p style="font-family: Raleway; font-size: medium;"><b>1. The Basics</b></p><p style="font-family: Raleway; font-size: medium;"><b>A. About Us</b></p><p style="font-family: Raleway; font-size: medium;">Radar108 is an online marketing platform (the "Services") operated by 108Digital LLC, a company headquartered in the State of Connecticut in the United States ("we," "us," "our," and "108Digital").</p><p style="font-family: Raleway; font-size: medium;">The Services enable our Members to, among other things, send and manage email campaigns and serve advertisements. We also provide other related services, such as real-time data analytics. Find out more about our Services here.</p><p style="font-family: Raleway; font-size: medium;"><b>B. Key Terms</b></p><p style="font-family: Raleway; font-size: medium;">In this privacy policy, these terms have the following meanings:</p><p style="font-family: Raleway; font-size: medium;">"Contact" is a person a Member may contact through our Services. In other words, a Contact is anyone on a Member's Distribution List or about whom a Member has given us information. For example, if you are a Member, a subscriber to your email marketing campaigns would be considered a Contact.</p><p style="font-family: Raleway; font-size: medium;">"Distribution List" is a list of Contacts a Member may upload or manage on our platform and all associated information related to those Contacts (for example, email addresses).</p><p style="font-family: Raleway; font-size: medium;">"Member" means any person or entity that is registered with us to use the Services.</p><p style="font-family: Raleway; font-size: medium;">"Personal Information" means any information that identifies or can be used to identify a Member, a Contact, or a Visitor, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.</p><p style="font-family: Raleway; font-size: medium;">"Website(s)" means any website(s) we own and operate (such as www.108Digital.com) or any web pages, interactive features, applications, widgets, blogs, social networks, social network "tabs," or other online, mobile, or wireless offerings that post a link to this privacy policy.</p><p style="font-family: Raleway; font-size: medium;">"Visitor" means any person who visits any of our Websites.</p><p style="font-family: Raleway; font-size: medium;">"you" and "your" means, depending on the context, either a Member, a Contact, or a Visitor.</p><p style="font-family: Raleway; font-size: medium;"><b>2. Privacy for Members</b></p><p style="font-family: Raleway; font-size: medium;">This section applies to the Personal Information we collect and process from a Member or potential Member through the provision of the Services. If you are not a Member, the Visitors or Contacts section of this policy may be more applicable to you and your data. In this section, "you" and "your" refer to Members and potential Members.</p><p style="font-family: Raleway; font-size: medium;"><b>A. Information We Collect</b></p><p style="font-family: Raleway; font-size: medium;">The Personal Information that we may collect broadly falls into the following categories:</p><p style="font-family: Raleway; font-size: medium;">(i) Information you provide to us: In the course of engaging with our Services, you may provide Personal Information about you and your Contacts. Personal Information is often, but not exclusively, provided to us when you sign up for and use the Services, consult with our customer service team, send us an email, integrate the Services with another website or service (for example, when you choose to connect your e-commerce account with 108Digital), or communicate with us in any other way.</p><p style="font-family: Raleway; font-size: medium;">We will let you know prior to collection whether the provision of Personal Information we are collecting is compulsory or if it may be provided on a voluntary basis and the consequences, if any, of not providing the information. By giving us this information, you agree to this information being collected, used and disclosed as described in our Terms of Use and in this privacy policy.</p><p style="font-family: Raleway; font-size: medium;">This information may include:</p><ul style="font-family: Raleway; font-size: medium;"><li>Registration information: You need a 108Digital account to use the Services as a Member. When you register for an account, you will be asked to provide certain basic information, such as your name, email address, username, password, company name, occupation, location, and phone number (for example, if you are using two-factor authentication).</li><li>Billing and communications information: If you purchase our Services, you may also need to provide us with payment and billing information, such as your credit card details and billing address, or information pertinent to other forms of payment. 108Digital will also maintain a record of your billing transactions and purchases, and any communications and responses.</li><li>Information we process on your behalf: In order to send an email campaign or use certain features in your account, you need to upload a Distribution List that provides us information about your Contacts, such as their names and email addresses. We use and process this information to provide the Services in accordance with your instructions.</li></ul><p style="font-family: Raleway; font-size: medium;">(ii) Information we collect automatically: When you use the Services, we may automatically collect certain information about your device and usage of the Services. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.</p><p style="font-family: Raleway; font-size: medium;">This information may include:</p><ul style="font-family: Raleway; font-size: medium;"><li>Device information: We collect information about the device and applications you use to access the Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.</li><li>Log data: Our web servers keep log files that record data each time a device accesses those servers and those log files contain data about the nature of each access, including originating IP addresses. We may also access metadata and other information associated with files that you upload into our Services.</li><li>Product usage data: We collect usage data about you whenever you interact with our Services, which may include the dates and times you access the Services and your browsing activities (such as what portions of the Services are used). We also collect information regarding the performance of the Services, including metrics related to the deliverability of emails and other communications you send through the Services. This information allows us to improve the content and operation of the Services, and facilitate research and analysis of the Services.</li></ul><p style="font-family: Raleway; font-size: medium;">(iii) Information we collect from other sources: From time to time, we may obtain information about you or your Contacts from third-party sources, such as public databases, social media platforms, third-party data providers and our joint marketing partners. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us.</p><p style="font-family: Raleway; font-size: medium;">Examples of the information we receive from other sources include demographic information (such as age and gender), device information (such as IP addresses), location (such as city and state), and online behavioral data (such as information about use of social media websites, page view information and search results and links). We use this information, alone or in combination with other information (including Personal Information) we collect, to enhance our ability to provide relevant marketing and content to you and to develop and provide you with more relevant products, features, and services.</p><p style="font-family: Raleway; font-size: medium;">(iv) Information from the use of our mobile apps: When you use our mobile apps, we may collect certain device and usage-related information in addition to information described elsewhere in this privacy policy.</p><ul style="font-family: Raleway; font-size: medium;"><li><p>Device information: We may collect information about the type of device and operating system you use. We do not ask for, access, or track any location-based information from your mobile device at any time while downloading or using our mobile apps or Services.</p></li><li><p>Product usage data: We may use mobile analytics software to better understand how people use our application. We may collect information about how often you use the application and other performance data.</p><p></p></li></ul><p style="font-family: Raleway; font-size: medium;"><b>B. Use of Personal Information</b></p><p style="font-family: Raleway; font-size: medium;">We may use the Personal Information we collect through the Services or other sources for a range of reasons, including:</p><ul style="font-family: Raleway; font-size: medium;"><li>To bill and collect money owed to us by you. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and those third parties collect billing information to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see the "Our Security" section of this privacy policy.</li><li>To send you system alert messages. For example, we may inform you about temporary or permanent changes to our Services, such as planned outages, or send you account, security or compliance notifications, such as new features, version updates, releases, abuse warnings, and changes to this privacy policy.</li><li>To communicate with you about your account and provide customer support. For example, if you use our mobile apps, we may ask you if you want to receive push notifications about activity in your account. If you have opted in to these push notifications and no longer want to receive them, you may turn them off through your operating system.</li><li>To enforce compliance with our Terms of Use and applicable law, and to protect the rights and safety of our Members and third parties, as well as our own. This may include developing tools and algorithms that help us prevent violations. For example, sometimes we review the content of our Members’ email campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Terms of Use. Our employees or independent contractors may review those particular email campaigns. This benefits all Members who comply with our Terms of Use because it reduces the amount of spam being sent through our servers and helps us maintain high deliverability. Email was not built for confidential information. Please do not use 108Digital to send confidential information.</li><li>To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.</li><li>To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.</li><li>To prosecute and defend a court, arbitration, or similar legal proceeding.</li><li>To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.</li><li>To provide, support and improve the Services. For example, this may include sharing your or your Contacts’ information with third parties in order to provide and support our Services or to make certain features of the Services available to you. When we share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this privacy policy and applicable privacy laws.</li><li>To provide suggestions to you. This includes adding features that compare Members’ email campaigns, using data to suggest other publishers your Contacts may be interested in, or using data to suggest products or services that you may be interested in or that may be relevant to you or your Contacts. Some of these suggestions are generated by use of our data analytics projects, which are described below. For more information about our use of cookies and other tracking technologies for this purpose, and instructions about how to opt out of having data collected through the use of cookies, please see our Cookie Statement here.</li></ul><li style="font-family: Raleway; font-size: medium;">For our data analytics projects. Our data analytics projects use data from 108Digital accounts, including Personal Information of Contacts, to provide and improve the Services. We use information like your sending habits and your Contacts’ details and purchase history, so we can make more informed predictions, decisions, and products for our Members. If you or your Contact prefers not to share this data, you can opt out of data analytics projects at any time by emailing us at dataoffice@radar108.com</li><li style="font-family: Raleway; font-size: medium;">For example, we use data from 108Digital accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. We will act as a data controller to process data for our data analytics projects in reliance on our legitimate business interests of improving and enhancing our products and services for our Members. As always, we take the privacy of Personal Information seriously, and will continue to implement appropriate safeguards to protect this Personal Information from misuse or unauthorized disclosure.</li><li style="font-family: Raleway; font-size: medium;">Combined information. We may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.</li><li style="font-family: Raleway; font-size: medium;">Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes about which we will notify you.</li><p style="font-family: Raleway; font-size: medium;"><b>C. Cookies and Tracking Technologies</b></p><p style="font-family: Raleway; font-size: medium;">We and our partners may use various technologies to collect and store information when you use our Services, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send on your behalf. These web beacons track certain behavior such as whether the email sent through the Services was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as the recipient’s IP address, browser, email client type and other similar details. We use this information to measure the performance of your email campaigns, and to provide analytics information and enhance the effectiveness of our Services. Reports are also available to us when we send email to you, so we may collect and review that information.</p><p style="font-family: Raleway; font-size: medium;">Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement here.</p><p style="font-family: Raleway; font-size: medium;"><b>D. Member Distribution Lists</b></p><p style="font-family: Raleway; font-size: medium;">A Distribution List can be created in a number of ways, including by importing Contacts, such as through a CSV or directly from your email client. Your Distribution Lists are stored on a secure 108Digital server. We do not sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. You may export (download) your Distribution Lists from 108Digital at any time.</p><p style="font-family: Raleway; font-size: medium;">If we detect abusive or illegal behavior related to your Distribution List, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.</p><p style="font-family: Raleway; font-size: medium;">If a Contact chooses to use the Forward link in an email campaign a Member sends, it will allow the Contact to share the Member’s email content with individuals not on the Member’s Distribution List. When a Contact forwards an email to a friend, we do not store the Contact’s email address or their friend’s email address, and no one is added to any Distribution List as a result of the Forward link. The Member who created the email campaign only sees an aggregate number of times their email campaign was forwarded by a Contact and does not have access to the email addresses used to share or receive that forwarded content.</p><p style="font-family: Raleway; font-size: medium;"><b>E. Other Data Protection Rights</b></p><p style="font-family: Raleway; font-size: medium;">You and your Contacts may have the following data protection rights:</p><p style="font-family: Raleway; font-size: medium;">To access, correct, update or request deletion of Personal Information. 108Digital takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. As a Member, you can manage many of your individual account and profile settings within the dashboard provided through the 108Digital platform, or you may contact us directly by emailing us at dataoffice@radar108.com</p><ul style="font-family: Raleway; font-size: medium;"><li>You can also manage information about your Contacts within the dashboard provided through the 108Digital platform to assist you with responding to requests to access, correct, update or delete information that you receive from your Contacts.</li><li>In addition, individuals who are residents of the EEA can object to processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting us at dataoffice@radar108.com. If any of your Contacts wishes to exercise any of these rights, they should contact you directly, or contact us as described in the "Privacy for Contacts" section below.</li><li>Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. If you receive these requests from Contacts, you can segment your lists within the 108Digital platform to ensure that you only market to Contacts who have not opted out of receiving such marketing.</li><li>The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.</li><li>We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection law. We may ask you to verify your identity in order to help us respond efficiently to your request. If we receive a request from one of your Contacts, we will either direct the Contact to reach out to you, or, if appropriate, we may respond directly to their request.</li></ul><p style="font-family: Raleway; font-size: medium;"><b>3. Privacy for Contacts</b></p><p style="font-family: Raleway; font-size: medium;">This section applies to the information we process about our Members’ Contacts as a data controller pursuant to our legitimate business interests, as explained in the "Legal Basis for Processing" section below. Our Services are intended for use by our Members. As a result, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. 108Digital is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this privacy policy. Please check with individual Members about the policies they have in place. For purposes of this section, "you" and "your" refer to Contacts.</p><p style="font-family: Raleway; font-size: medium;"><b>A. Information We Collect</b></p><p style="font-family: Raleway; font-size: medium;">The Personal Information that we may collect or receive about you broadly falls into the following categories:</p><p style="font-family: Raleway; font-size: medium;">(i) Information we receive about Contacts from our Members: A Member may provide Personal Information about you to us through the Services. For example, when a Member uploads their Distribution List or integrates the Services with another website or service (for example, when a Member chooses to connect their e-commerce account with 108Digital), or when you sign up for a Member’s Distribution List on a 108Digital signup form, they may provide us with certain contact information or other Personal Information about you such as your name, email address, address or telephone number. You may have the opportunity to update some of this information by electing to update or manage your preferences via an email you receive from a Member.</p><p style="font-family: Raleway; font-size: medium;">(ii) Information we collect automatically: When you interact with an email campaign that you receive from a Member or browse or purchase from a Member’s connected store, we may collect information about your device and interaction with an email. We use cookies and other tracking technologies to collect some of this information. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.</p><ul style="font-family: Raleway; font-size: medium;"><li>Device information: We collect information about the device and applications you use to access emails sent through our Services, such as your IP address, your operating system, your browser ID, and other information about your system and connection.</li><li>Product usage data: We collect usage data about you whenever you interact with emails sent through the Services, which may include dates and times you access emails and your browsing activities (such as what pages are viewed). We also collect information regarding the performance of the Services, including metrics related to the deliverability of emails and other electronic communications our Members send through the Services. This information allows us to improve the content and operation of the Services, and facilitate research and analysis of the Services.</li></ul><p style="font-family: Raleway; font-size: medium;">(iii) Information we collect from other sources: From time to time, we may obtain information about you from third-party sources, such as social media platforms and third-party data providers. We take steps to ensure that such third parties are legally or contractually permitted to disclose such information to us, and we use this information to provide publicly available social media information about you to Members who have enabled the "Social Profiles" feature in their 108Digital accounts.</p><p style="font-family: Raleway; font-size: medium;"><b>B. Use of Personal Information</b></p><p style="font-family: Raleway; font-size: medium;">We may use the Personal Information we collect or receive about you for our legitimate business interests, including:</p><ul style="font-family: Raleway; font-size: medium;"><li>To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.</li><li>To protect the rights and safety of our Members and third parties, as well as our own. For example, sometimes we review the content of our Members’ email campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Terms of Use. Our employees or independent contractors may review those particular email campaigns, which may include your contact information. This reduces the amount of spam being sent through our servers and helps us maintain high deliverability.</li><li>To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.</li><li>To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.</li><li>To prosecute and defend a court, arbitration, or similar legal proceeding.</li><li>To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.</li><li>To provide, support and improve the Services. For example, this may include sharing your information with third parties in order to provide and support our Services or to make certain features of the Services available to our Members. When we share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this privacy policy and applicable privacy laws.</li></ul><p style="font-family: Raleway; font-size: medium;">For our data analytics projects. Our data analytics projects use data from 108Digital accounts, including your Personal Information, to provide and improve the Services. We use information, like your purchase history, provided to us by Members, so we can make more informed predictions, decisions, and products for our Members. For example, we use data from 108Digital accounts to enable product recommendation, audience segmentation, and predicted demographics features for our Members. If you prefer not to share this data, you can opt out of data analytics projects at any time by emailing us at dataoffice@radar108.com</p><p style="font-family: Raleway; font-size: medium;">Other purposes. To carry out other legitimate business purposes, as well as other lawful purposes.</p><p style="font-family: Raleway; font-size: medium;"><b>C. Cookies and Tracking Technologies</b></p><p style="font-family: Raleway; font-size: medium;">We and our partners may use various technologies to collect and store information when you interact with a Member’s email campaign or connected store, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. For example, we use web beacons in the emails we send on behalf of our Members. When you receive and engage with a Member’s campaign, web beacons track certain behavior such as whether the email sent through the 108Digital platform was delivered and opened and whether links within the email were clicked. They also allow us to collect information such as your IP address, browser, email client type, and other similar details. We use this information to measure the performance of our Members’ email campaigns, and to provide analytics information and enhance the effectiveness of our Services.</p><p style="font-family: Raleway; font-size: medium;">Our use of cookies and other tracking technologies is discussed in more detail in our Cookie Statement here.</p><p style="font-family: Raleway; font-size: medium;"><b>D. Legal Basis for Processing</b></p><p style="font-family: Raleway; font-size: medium;">We process Personal Information about you as a data controller as described in this section, where such processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. Our legitimate interests typically include: improving, maintaining, providing, and enhancing our technology, products and services; and ensuring the security of the Services and our Website.</p><p style="font-family: Raleway; font-size: medium;"><b>E. Other Data Protection Rights</b></p><p style="font-family: Raleway; font-size: medium;">You may have the following data protection rights:</p><p style="font-family: Raleway; font-size: medium;">To access, correct, update or request deletion of your Personal Information. 108Digital takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date.</p><ul style="font-family: Raleway; font-size: medium;"><li>You may contact us directly at any time about accessing, correcting, updating or deleting your Personal Information, or altering your data, by emailing us at dataoffice@radar108.com. We will consider your request in accordance with applicable laws.</li><li>In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at dataoffice@radar108.com</li><li>You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.</li></ul><p style="font-family: Raleway; font-size: medium;">As described above, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. In such cases, if you are a Contact and want to exercise any data protection rights that may be available to you under applicable law or have questions or concerns about how your Personal Information is handled by 108Digital as a processor on behalf of our individual Members, you should contact the relevant Member that is using the 108Digital Services, and refer to their separate privacy policies.</p><p style="font-family: Raleway; font-size: medium;">If you no longer want to be contacted by one of our Members through our Services, please unsubscribe directly from that Member’s newsletter or contact the Member directly to update or delete your data. If you contact us directly, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.</p><p style="font-family: Raleway; font-size: medium;">We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.</p><p style="font-family: Raleway; font-size: medium;"></p><p style="font-family: Raleway; font-size: medium;"><b>4. Privacy for Visitors</b></p><p style="font-family: Raleway; font-size: medium;"></p><p style="font-family: Raleway; font-size: medium;">This section applies to Personal Information that we collect and process through our Websites and in the usual course of our business, such as in connection with our recruitment, events, sales and marketing activities. In this section "you" and "your" refers to Visitors.</p><p style="font-family: Raleway; font-size: medium;"><b>A. Information We Collect</b></p><p style="font-family: Raleway; font-size: medium;">(i) Information you provide to us on the Websites or otherwise: Certain parts of our Websites may ask you to provide Personal Information voluntarily. For example, we may ask you to provide certain Personal Information (such as your name, contact details, company name, profile information) in order to sign up for a free or paid 108Digital account, apply for a role with 108Digital, or otherwise submit inquiries to us. We may also collect Personal Information, such as your contact and job details and feedback, when you attend our events, take part in surveys, or through other business or marketing interactions we may have with you. You may choose to provide additional information when you communicate with us or otherwise interact with us, and we will keep copies of any such communications for our records.</p><p style="font-family: Raleway; font-size: medium;">The Personal Information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your Personal Information. We will also let you know prior to collection whether the provision of the Personal Information we are collecting is compulsory or may be provided on a voluntary basis and the consequences, if any, of not providing the information.</p><p style="font-family: Raleway; font-size: medium;">(ii) Information we collect automatically through the Websites: When you visit our Websites, we may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered Personal Information under applicable data protection laws.</p><p style="font-family: Raleway; font-size: medium;">Specifically, the information we collect automatically may include your IP address, your operating system, your browser ID, your browsing activity, and other information about your system and connection and how you interact with our Websites and other websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies. Our use of cookies and other tracking technologies is discussed more below, and in more detail in our Cookie Statement here.</p><p style="font-family: Raleway; font-size: medium;"><b>B. Use of Personal Information</b></p><p style="font-family: Raleway; font-size: medium;">We may use the information we collect through our Websites for a range of reasons, including:</p><ul style="font-family: Raleway; font-size: medium;"><li>To provide, operate, optimize, and maintain our Websites.</li><li>To send you information for marketing purposes, in accordance with your marketing preferences.</li><li>For recruitment purposes if you have applied for a role with 108Digital.</li><li>To respond to your online inquiries and requests, and to provide you with information and access to resources or services that you have requested from us.</li><li>To manage our Websites and system administration and security.</li><li>To improve the navigation and content of our Websites.</li><li>To identify any server problems or other IT or network issues.</li><li>To process transactions and to set up online accounts.</li><li>To compile aggregated statistics about site usage and to better understand the preferences of our Visitors.</li><li>To carry out research and development to improve our products and services.</li><li>To customize content and layout of the Websites.</li><li>To carry out other legitimate business purposes, as well as other lawful purposes.</li></ul><p style="font-family: Raleway; font-size: medium;">In addition, we may combine Personal Information with other information we collect or obtain about you (such as information we source from our third-party partners) to serve you specifically, such as to deliver a product or service according to your preferences or restrictions, or for advertising or targeting purposes in accordance with this privacy policy. When we combine Personal Information with other information in this way, we treat it as, and apply all of the safeguards in this privacy policy applicable to, Personal Information.</p><p style="font-family: Raleway; font-size: medium;"><b>C. Public Information and Third-Party Websites</b></p><p style="font-family: Raleway; font-size: medium;">Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us here. If we are unable to remove your information, we will tell you why.</p><p style="font-family: Raleway; font-size: medium;">Social media platforms and widgets. Our Websites include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We also maintain presences on social media platforms, including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.</p><p style="font-family: Raleway; font-size: medium;">Links to third-party websites. Our Websites include links to other websites, whose privacy practices may be different from ours. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any website you visit.</p><p style="font-family: Raleway; font-size: medium;">Contests and sweepstakes. We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively, "Promotions"). Participation in our Promotions is completely voluntary. Information requested for entry may include Personal Information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Services. We may share this information with our affiliates and other organizations or service providers in line with this privacy policy and the rules posted for our Promotions.</p><p style="font-family: Raleway; font-size: medium;"><b>D. Cookies and Tracking Technologies</b></p><p style="font-family: Raleway; font-size: medium;">We use cookies and similar tracking technologies to collect and use Personal Information about you, including to serve interest-based advertising. For further information about the types of cookies and tracking technologies we use, why, and how you can control them, please see our Cookie Statement here.</p><p style="font-family: Raleway; font-size: medium;"><b>E. Other Data Protection Rights</b></p><p style="font-family: Raleway; font-size: medium;">You have the following data protection rights:</p><p style="font-family: Raleway; font-size: medium;">To access, correct, update, or request deletion of your Personal Information. 108Digital takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete, and up to date. You may contact us directly at any time about accessing, correcting, updating, or deleting your Personal Information, or altering your data or marketing preferences by emailing us at dataoffice@radar108.com. We will consider your request in accordance with applicable laws.</p><p style="font-family: Raleway; font-size: medium;">In addition, if you are a resident of the EEA, you can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information. Again, you can exercise these rights by emailing us at dataoffice@radar108.com.</p><p style="font-family: Raleway; font-size: medium;">Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.</p><p style="font-family: Raleway; font-size: medium;">You have the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available here.</p><p style="font-family: Raleway; font-size: medium;">We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. We may ask you to verify your identity in order to help us respond efficiently to your request.</p><p style="font-family: Raleway; font-size: medium;"><b>5. General Information</b></p><p style="font-family: Raleway; font-size: medium;"><b>A. How We Share Information</b></p><p style="font-family: Raleway; font-size: medium;">We may share and disclose your Personal Information to the following types of third parties for the purposes described in this privacy policy (for purposes of this section, "you" and "your" refer to Members, Contacts, and Visitors unless otherwise indicated):</p><p style="font-family: Raleway; font-size: medium;">(i) Our service providers: Sometimes, we share your information with our third-party service providers, who help us provide and support our Services and other business-related functions.</p><p style="font-family: Raleway; font-size: medium;">For example, if it is necessary to provide Members something they have requested (like enable a feature such as Social Profiles), then we may share Members’ or Contacts’ Personal Information with a service provider for that purpose. Other examples include analyzing data, hosting data, engaging technical support for our Services, processing payments, and delivering content.</p><p style="font-family: Raleway; font-size: medium;">These third-party service providers enter into a contract that requires them to use your Personal Information only for the provision of services to us and in a manner that is consistent with this privacy policy.</p><p style="font-family: Raleway; font-size: medium;">(ii) Advertising partners: We may partner with third-party advertising networks and exchanges to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information of Members and Visitors with them for this purpose. We do not sell or market to any of our Members’ Contacts. We and our third-party partners may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our Websites and other sites in order to provide you with targeted advertising based on your browsing activities and interests. For more information about cookies and other tracking technologies, please see our Cookie Statement here.</p><p style="font-family: Raleway; font-size: medium;">(iii) Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary (a) as a matter of applicable law or regulation, (b) to exercise, establish, or defend our legal rights, or (c) to protect your vital interests or those of any other person.</p><p style="font-family: Raleway; font-size: medium;">(iv) A potential buyer (and its agents and advisors) in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this privacy policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.</p><p style="font-family: Raleway; font-size: medium;">(v) Any other person with your consent.</p><p style="font-family: Raleway; font-size: medium;"><b>B. Legal Basis for Processing Personal Information (EEA Persons Only)</b></p><p style="font-family: Raleway; font-size: medium;">If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.</p><p style="font-family: Raleway; font-size: medium;">However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our technology, products, and services; ensuring the security of the Services and our Websites; and for our marketing activities.</p><p style="font-family: Raleway; font-size: medium;">If you are a Member, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you.</p><p style="font-family: Raleway; font-size: medium;">If we ask you to provide Personal Information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information.</p><p style="font-family: Raleway; font-size: medium;">Where required by law, we will collect Personal Information only where we have your consent to do so.</p><p style="font-family: Raleway; font-size: medium;">If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided in the "Questions and Concerns" section below.</p><p style="font-family: Raleway; font-size: medium;"><b>C. Your Choices and Opt-Outs</b></p><p style="font-family: Raleway; font-size: medium;">Members and Visitors who have opted in to our marketing emails can opt out of receiving marketing emails from us at any time by clicking the "unsubscribe" link at the bottom of our marketing messages.</p><p style="font-family: Raleway; font-size: medium;">Also, all opt-out requests can be made by emailing us using the contact details provided in the "Questions and Concerns" section below. Please note that some communications (such as service messages, account notifications, billing information) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel your 108Digital account.</p><p style="font-family: Raleway; font-size: medium;"><b>D. Our Security</b></p><p style="font-family: Raleway; font-size: medium;">We take appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us at dataoffice@radar108.com.</p><p style="font-family: Raleway; font-size: medium;">108Digital accounts require a username and password to log in. Members must keep their username and password secure, and never disclose it to a third party. Because the information in a Member’s 108Digital account is so sensitive, account passwords are hashed, which means we cannot see a Member’s password. We cannot resend forgotten passwords either. We will only provide Members with instructions on how to reset them.</p><p style="font-family: Raleway; font-size: medium;"><b>E. International Transfers</b></p><p style="font-family: Raleway; font-size: medium;">(i) We operate in the United States</p><p style="font-family: Raleway; font-size: medium;">Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, we take many steps to protect your privacy, including offering our Members a Data Processing Agreement.</p><p style="font-family: Raleway; font-size: medium;"><b>F. Retention of Data</b></p><p style="font-family: Raleway; font-size: medium;">We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we'll refer to these criteria in order to determine retention period:</p><ul style="font-family: Raleway; font-size: medium;"><li>Whether we have a legal or contractual need to retain the data.</li><li>Whether the data is necessary to provide our Services.</li><li>Whether our Members have the ability to access and delete the data within their 108Digital accounts.</li><li>Whether our Members would reasonably expect that we would retain the data until they remove it or until their 108Digital accounts are closed or terminated.</li></ul><p style="font-family: Raleway; font-size: medium;">When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.</p><p style="font-family: Raleway; font-size: medium;"><b>G. California Privacy</b></p><p style="font-family: Raleway; font-size: medium;">Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email, and mailing address, and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third-parties’ direct marketing purposes, and (b) the names and addresses of all such third parties. To request the above information, please contact us through our contact form or email us at dataoffice@radar108.com.</p><p style="font-family: Raleway; font-size: medium;"><b>H. Changes to this Policy</b></p><p style="font-family: Raleway; font-size: medium;">We may change this privacy policy at any time and from time to time. The most recent version of the privacy policy is reflected by the version date located at the top of this privacy policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this privacy policy or other notice on the Websites. We encourage you to review this privacy policy often to stay informed of changes that may affect you. Our electronically or otherwise properly stored copies of this privacy policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this privacy policy that was in effect on each respective date you visited the Website.</p><p style="font-family: Raleway; font-size: medium;"><b>I. Questions &amp; Concerns</b></p><p style="font-family: Raleway; font-size: medium;">If you have any questions or comments, or if you have a concern about the way in which we have handled any privacy matter, please use our contact form to send us a message. You may also contact us by postal mail or email at:</p><p style="font-family: Raleway; font-size: medium;">For EEA Residents:</p><p style="font-family: Raleway; font-size: medium;">For the purposes of EU data protection legislation, 108Digital LLC is the controller of your Personal Information. Our Data Protection Officer can be contacted at dataoffice@radar108.com</p><p style="font-family: Raleway; font-size: medium;">For Non-EEA Residents:</p><span style="font-family: Raleway; font-size: medium;">108Digital LLC<br>Attn. Privacy Officer<br>dataoffice@radar108.com<br>31 Country Way<br>Bethel CT 06801 USA</span><div><span style="font-family: Raleway; font-size: medium;"><br></span></div><div><p align="center" style="text-align: left; font-family: Raleway; font-size: 30px;"><span style="font-size: medium;">Last updated: November 28, 2018</span></p></div>

Cookies Policy
Posted on 4/29/20, 12:00:00 AM.000

<p align="center" style="text-align: left; font-family: Raleway; font-size: 30px;"><span style="font-size: medium;">108Digital LLC ("us", "we", or "our") uses cookies on the</span><span style="font-size: medium;">&nbsp;</span><a href="http://www.radar108.com/" style="font-size: medium;">Radar108</a><span style="font-size: medium;">&nbsp;</span><span style="font-size: medium;">website and the 108Digital mobile application (the "Service"). By using the Service, you consent to the use of cookies.</span></p><p style="font-family: Raleway; font-size: medium;"><span lang="EN-US">Our Cookies Policy explains what cookies are, how we use cookies, how third-parties we may partner with may use cookies on the Service, your choices regarding cookies and further information about cookies.&nbsp;</span></p><p style="font-family: Raleway; font-size: medium;"><b><span lang="EN-US">What are cookies</span></b></p><p style="font-family: Raleway; font-size: medium;">Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.</p><p style="font-family: Raleway; font-size: medium;">Cookies can be "persistent" or "session" cookies. Persistent cookies remain on your personal computer or mobile device when you go offline, while session cookies are deleted as soon as you close your web browser.</p><p style="font-family: Raleway; font-size: medium;"><b><span lang="EN-US">What cookies 108Digital uses</span></b></p><p style="font-family: Raleway; font-size: medium;">When you use and access the Service, we may place several cookies files in your web browser.</p><ul style="font-family: Raleway; font-size: medium;"><li>1st party cookies (Set by the Sites being visited)</li><li>3rd party cookies (Set by a server located outside the domain of our site)</li></ul><p style="font-family: Raleway; font-size: medium;"><b><span lang="EN-US">How 108Digital uses cookies</span></b></p><p style="font-family: Raleway; font-size: medium;">When you use and access the Service, we may place a number of cookies files in your web browser.</p><p style="font-family: Raleway; font-size: medium;">We use cookies for the following purposes:</p><ul style="font-family: Raleway; font-size: medium;"><li>Required cookies: Necessary for site to operate (e.g.: Login cookies to prevent fraud)</li><li>Functionality cookies: To enable certain functionalities (e.g.: Prevent users from taking same survey multiple times)</li><li>Social media cookies: To collect information on social media usage (e.g. Facebook)</li><li>Preference cookies. To remember your choices and preferences (e.g.: Language settings and other customizations)</li><li>Analytics Cookies: We and our partners may use cookies and similar tracking technologies, such as pixels and web beacons to collect and store information for example<ul><li>We use web beacons in the emails we send on your behalf. These web beacons track certain behavior such as whether the email sent through the Services was delivered and opened</li><li>Whether links within the email were clicked. They also allow us to collect information such as the Recipient’s IP address, browser, email client type and other similar details. We use this information tomeasure the performance of your email campaigns, and to provide analytics information and enhance the effectiveness of our Services.</li><li>Reports are also available to us when we send email to you, so we maycollect and review that information.</li></ul></li><li>Targeting or advertising cookies: To market 108Digital services to you on third party sites for example<ul><li>We sometimes use cookies delivered by third parties to track the performance of our advertisements. For example, these cookies remember which browsers have visited our websites. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after we receive it. This process helps us manage and track the effectiveness of our marketing efforts.</li><li>We also contract with third-party advertising networks that may collect IP addresses and other information from web beacons on our websites, emails, and on third-party websites. Ad networks follow your online activities over time by collecting website navigational information through automated means, including using cookies. They use this information to provide advertisements about products and services that may be of interest to you. You may see these advertisements on other websites. This process also helps us manage and track the effectiveness of our marketing efforts.</li></ul></li></ul><p style="font-family: Raleway; font-size: medium;"><b><span lang="EN-US">What are your choices regarding cookies</span></b></p><p style="font-family: Raleway; font-size: medium;">If you'd like to delete cookies or instruct your web browser to delete or refuse cookies, please visit the help pages of your web browser. As an European citizen, under GDPR, you have certain individual rights. You can learn more about these rights in the&nbsp;<a href="https://termsfeed.com/blog/gdpr/#Individual_Rights_Under_the_GDPR"><span style="color: windowtext; text-decoration-line: none;">GDPR Guide</span></a></p><p style="font-family: Raleway; font-size: medium;">Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.</p><ul style="font-family: Raleway; font-size: medium;"><li>For the Chrome web browser, please visit this page from Google:<a href="https://support.google.com/accounts/answer/32050">&nbsp;https://support.google.com/accounts/answer/32050</a></li><li>For the Internet Explorer web browser, please visit this page from Microsoft:<a href="http://support.microsoft.com/kb/278835">&nbsp;http://support.microsoft.com/kb/278835</a></li><li>For the Firefox web browser, please visit this page from Mozilla:&nbsp;<a href="https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored">https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored</a></li><li>For the Safari web browser, please visit this page from Apple:<a href="https://support.apple.com/kb/PH21411?locale=en_US">&nbsp;https://support.apple.com/kb/PH21411?locale=en_US</a></li><li>For any other web browser, please visit your web browser's official web pages.</li></ul><p style="font-family: Raleway; font-size: medium;"><b><span lang="EN-US">Where can you find more information about cookies</span></b></p><p style="font-family: Raleway; font-size: medium;">You can learn more about cookies and the following third-party websites:</p><div style="font-family: Raleway; font-size: medium; margin-left: 25px;"><p>All About Cookies:<a href="http://www.allaboutcookies.org/">http://www.allaboutcookies.org/</a></p><p>Network Advertising Initiative:<a href="http://www.networkadvertising.org/">http://www.networkadvertising.org/</a></p><p><br></p><p align="center" style="text-align: left;"><span lang="EN-US">Last updated: November 28, 2018</span></p></div>

Terms - Radar108
Posted on 2/13/24, 12:00:00 AM.000

<div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'><span><p>THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER “YOU” or “YOUR”) AND 108DIGITAL LLC (HEREINAFTER “RADAR108”) GOVERNING YOUR USE OF RADAR108 SUITE OF ONLINE BUSINESS PRODUCTIVITY AND COLLABORATION SOFTWARE.</p><p><b>Parts of this Agreement</b></p><p>This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.</p><p><b>Acceptance of the Agreement</b></p><p>You must be of legal age to enter into a binding agreement in order to accept the Agreement. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Agreement by checking a checkbox or clicking on a button indicating your acceptance of the Agreement or by actually using the Services.</p><p><b>Description of Service</b></p><p>We provide cloud software and applications for businesses, including associated offline and mobile applications("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.</p><p><b>Beta Service</b></p><p>We may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Radar108 will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.</p><p><b>Free Trial</b>&nbsp;</p><p>If you register for a free trial of one or more Services, Radar108 will make the applicable Services available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the applicable Services (unless terminated earlier by you), (ii) the start date of the paid subscription period for the applicable Services, or (iii) termination by Radar108 in its sole discretion. Any data that you enter into the Services, and any customizations made to the Services during the free trial will be permanently lost unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. Notwithstanding anything contained in this Section, Services are offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.</p><p><b>User Sign up Obligations</b></p><p>You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Radar108 has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Radar108 may terminate your user account and refuse current or future use of any or all of the Services.&nbsp;</p><p><b>Restrictions on Use&nbsp;</b></p><p>In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission; (iii) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (iv) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Services; (v) use third party links to sites without agreeing to their website terms &amp; conditions; (vi) post links to third party sites or use their logo, company name, etc. without their prior written permission; (vii) attempt to gain unauthorized access to the Services or its related systems or network; (viii) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of Radar108; (ix) use the Services to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services, its components and the data contained therein; (xi) create a false identity to mislead any person as to the identity or origin of any communication; (xii) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xiii) use the Services for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xiv) violate any applicable local, state, national or international law; (xv) use the Services for any form of competitive or benchmarking purposes; and (xvi) remove or obscure any proprietary or other notices contained in the Services.</p><p><b>Spamming and Illegal Activities</b></p><p>You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.</p><p><b>Third Party Applications</b></p><p>Radar108 Services integrate with many third party applications (hereinafter "Third Party Application(s)"). Access and use of the Third Party Applications may require acceptance of terms of service and privacy policies applicable to such Third Party Applications (hereinafter "Third Party Terms"). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application. You acknowledge and agree that Radar108 is not liable for any Third Party Applications. While we will try to provide you with advance notice, whenever reasonably possible, you acknowledge and agree that Radar108 may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from Radar108 Services, any Third Party Application, without any liability to you, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses.</p><p><b>Fees and Payments</b></p><p>The Services are available under subscription plans of various durations. Payments for subscription plans of duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Radar108 to charge the subscription fee to the Credit Card last used by you.&nbsp;</p><p>From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.</p><p>In the event any tax such as GST, VAT, sales tax or the like is chargeable by Radar108 in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Radar108 will invoice you for such Taxes. You agree to pay Radar108 such Taxes in addition to the subscription fees. Radar108 shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.</p><p><b>Organization Accounts and Administrators</b></p><p>When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.</p><p>You are responsible for (i) ensuring confidentiality of your organization account password, (ii) appointing competent individuals as administrators for managing your organization account, and (iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Radar108 is not responsible for account administration and internal management of the Services for you.</p><p>You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to legal@radar108.com, provided that the process is acceptable to Radar108. In the absence of any specified administrator account recovery process, Radar108 may provide control of an administrator account to an individual providing proof satisfactory to Radar108 demonstrating authorization to act on behalf of the organization. You agree not to hold Radar108 liable for the consequences of any action taken by Radar108 in good faith in this regard.</p><p><b>Personal Information and Privacy</b></p><p>Personal information you provide to Radar108 through the Service is governed by Radar108 Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the Radar108 Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to accounts@radar108.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.</p><p><b>Communications from Radar108</b></p><p>The Service may include certain communications from Radar108, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.</p><p><b>Complaints</b></p><p>If we receive a complaint from any person with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 10 days of receiving the complaint forwarded by us and copy Radar108 in the communication. If you do not respond to the complainant within 10 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 10 days’ time limit will be construed as your consent to disclosure of your name and contact information by Radar108 to the complainant.</p><p><b>Inactive User Accounts Policy</b></p><p>We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.</p><p><b>Data Ownership</b></p><p>We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Radar108 the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Radar108’s commercial, marketing or any similar purpose. But you grant Radar108 permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.</p><p><b>Hosting Location</b></p><p>The location of the cloud facility from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined base on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, Radar108 may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the Service to you. If you are served from a cloud facility outside your region/country and a Radar108 group entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country.</p><p><b>User Generated Content</b></p><p>You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Radar108 will have the right to block access to or remove such content made available by you if Radar108 receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Radar108 for this purpose.</p><p><b>Sample files and Applications</b></p><p>Radar108 may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Radar108 makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.</p><p><b>Trademark</b></p><p>'Radar108', Radar108 logo, the names of individual Services and their logos are trademarks of 108Digital LLC. You agree not to display or use, in any manner, the Radar108 trademarks, without Radar108’s prior permission.</p><p><b>Disclaimer of Warranties</b></p><p>YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. RADAR108 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RADAR108 MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM RADAR108, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.</p><p><b>Limitation of Liability</b></p><p>YOU AGREE THAT RADAR108 SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF RADAR108 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL RADAR108’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE THOUSAND DOLLARS ($1000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER.</p><p><b>Indemnification</b></p><p>You agree to indemnify and hold harmless Radar108, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Agreement, or any other claim related to your use of the Services, except where such use is authorized by Radar108.</p><p><b>Governing Law and Jurisdiction</b></p><p>For any Service provided by 108Digital Inc., the following provisions will apply to any terms governing that Service:</p><p>Contracting Entity. References to “108Digital”, “we”, “us”, and “our” are references to 108Digital Inc., located at 31 Country Way, Bethel, CT 06801, USA.</p><p>Governing Law. Those terms are governed by the laws of the State of Connecticut (without regard to its conflict of laws provisions).</p><p>Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Fairfield County, Connecticut</p><p><b>Suspension and Termination</b></p><p>We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@radar108.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.</p><p>In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Agreement and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if Radar108 breaches its obligations under this Agreement and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.</p><p><b>Modification of Terms of Service</b></p><p>We may modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Radar108 notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.</p><p><b>End Of Terms Of Service</b></p><p>If you have any questions or concerns regarding this Agreement, please contact us at legal@radar108.com.</p><span></div>

MySilsila Terms
Posted on 1/30/24, 12:00:00 AM.000

<div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'><span><p>Welcome to www.mysilsila.com (the “Site”). We are 108Digital llc. ( “MySilsila,” “we” and “us”). Please read on to learn the rules and restrictions that govern your use of the Site and the website(s), products, services and applications offered by us (collectively, the “Services”). </p><p>These Terms of Use (“TOU”) contain the terms under which MySilsila and its affiliates provide their Services to you and describe how the Services may be accessed and used.</p><p>MySilsila provides a variety of different services. Additional service-specific terms and policies(including rules and guidelines) apply to some Services (“Additional Terms”). Those Additional Terms become a part of your agreement with us if you use those Services. You can view a full list of Additional Terms in our Legal Center. We refer to the combination of these TOU and any applicable Additional Terms collectively as these “Terms.”</p><p>You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.</p><p>If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.</p><p>1. Fees and Payments</p><p>1.1. Fees for Services.</p><p>You agree to pay to MySilsila any fees for each service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify MySilsila of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.</p><p>1.2. Subscriptions.</p><p>Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.</p><p>1.3. Taxes.</p><p>Unless otherwise stated, you are responsible for any taxes (other than MySilsila’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay MySilsila for the Services without any reduction for Taxes. If MySilsila is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide MySilsila with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. If you are required by law to withhold any Taxes from your payments to MySilsila, you must provide MySilsila with an official tax receipt or other appropriate documentation to support such payments.</p><p>1.4. Price Changes.</p><p>MySilsila may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. MySilsila will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.</p><p>1.5. Overage Fees.</p><p>Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.</p><span></div><div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'><span><p>2. <b>Privacy</b></p><p>2.1. Privacy.</p><p>In the course of using the Services, you may submit content to MySilsila (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”). We know that by giving us your Content, you are trusting us to treat it appropriately. MySilsila’s Privacy Policy, together with any Service-specific privacy notices or statements (collectively, “MySilsila privacy policies”), detail how we treat your Content (including your personal data) and we agree to adhere to those MySilsila privacy policies. You in turn agree that MySilsila may use and share your Content in accordance with the MySilsila privacy policies and applicable data protection laws. You also agree that you are responsible for notifying these third parties who submit content to you through our Services about the MySilsila privacy policies.</p><p>2.2. Confidentiality.</p><p>MySilsila will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the MySilsila privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by MySilsila); (b) was lawfully known to MySilsila before receiving it from you; (c) is received by MySilsila from a third party without knowledge of breach of any obligation owed to you; or (d) was independently developed by MySilsila without reference to your Content. MySilsila may disclose your Content when required by law or legal process, but only after MySilsila, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.</p><p>2.3. Security.</p><p>MySilsila will store and process your Content in a manner consistent with industry security standards. MySilsila has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content.</p><p>3. <b>Your Content</b></p><p>3.1. You Retain Ownership of Your Content.</p><p>You retain ownership of all of your intellectual property rights in your Content. MySilsila does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.</p><p>3.2. Limited License to Your Content.</p><p>You grant MySilsila a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by the MySilsila privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of MySilsila’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide MySilsila with feedback about the Services, we may use your feedback without any obligation to you.</p><p>3.3. Customer Lists.</p><p>MySilsila may identify you (by name and logo) as a MySilsila Services on MySilsila and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.</p><p>4. <b>MySilsila IP</b></p><p>4.1. MySilsila IP.</p><p>Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content).</p><p>5. <b>User Content</b></p><p>5.1. User Content.</p><p>The Services display content provided by others that is not owned by MySilsila. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. MySilsila is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner or are otherwise authorized by law to do so.</p><p>5.2. Content Review.</p><p>You acknowledge that, in order to ensure compliance with legal obligations, MySilsila may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, MySilsila otherwise has no obligation to monitor or review any content submitted to the Services.</p><p>5.3. Third Party Resources.</p><p>MySilsila may publish links in its Services to internet websites maintained by third parties. MySilsila does not represent that it has reviewed such third-party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.</p><p><b><b>6. Account Management</b></b></p><p>6.1. Keep Your Password Secure.</p><p>If you have been issued an account by MySilsila in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not MySilsila, are responsible for any activity occurring in your account (other than activity that MySilsila is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify MySilsila immediately. Accounts may not be shared and may only be used by one individual per account.</p><p>6.2. Keep Your Details Accurate.</p><p>MySilsila occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.</p><p>6.3. Remember to Backup.</p><p>You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, MySilsila will not be liable for any failure to store, or for loss or corruption of, your Content.</p><p>6.4. Account Inactivity.</p><p>MySilsila may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.</p><p>6.5. Customer Success.</p><p>MySilsila may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.</p><span></div><div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'><span><p><b>7. User Requirements</b></p><p>7.1. Legal Status.</p><p>If you are an individual, you may only use the Services if you have the power to form a contract with MySilsila. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.</p><p>7.2. Minors</p><p>“Minors” are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.</p><p>7.3. Embargoes</p><p>You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from MySilsila. You will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States; and (b) you do not provide access to the Services to persons or entities on any of the above lists.</p><p><b>8. Acceptable Uses</b></p><p>8.1. Legal Compliance.</p><p>You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.</p><p>8.2. Your Responsibilities.</p><p>You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:</p><p>(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.</p><p>(b) You may not misuse our Services by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions that we provide.</p><p>(c) You may not circumvent or attempt to circumvent any limitations that MySilsila imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).</p><p>(d) Unless authorized by MySilsila in writing, you may not probe, scan, or test the vulnerability of any MySilsila system or network.</p><p>(e) Unless authorized by MySilsila in writing, you may not use any manual or automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.</p><p>(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.</p><p>(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.</p><p>(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. MySilsila will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to MySilsila.</p><p>(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.</p><p>(j) Unless authorized by MySilsila in writing, you may not resell or lease the Services.</p><p>(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless MySilsila has agreed with you otherwise. You may not use the Services in a way that would subject MySilsila to those industry-specific regulations without obtaining MySilsila’s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with MySilsila that permits you to do so.</p><p>(l) You may not register accounts by “bots” or other automated methods, unless it is via an API authorized by us.</p><p>(m) Your Content and use of the Services may not violate our Content Policy.</p><p>9. <b>PCI Compliance</b></p><p>9.1. PCI Standards.</p><p>If you use the Services to accept payment card transactions, you must comply with the Payment Card Industry Data Security Standards (PCI-DSS) to the extent they are applicable to your business (the “PCI Standards”). MySilsila provides tools to simplify your compliance with the PCI Standards, but you must ensure that your business is compliant and the specific steps you will need to take to comply with the PCI Standards will depend on your implementation of the Services.</p><p>9.2. Cardholder Data.</p><p>MySilsila is responsible for the security of Cardholder Data that is collected, transmitted, stored, or processed by us on your behalf. “Cardholder Data” is defined as a cardholder’s primary account number, and where a full unmasked card number is present, any of the cardholder name, expiration date, and/or service code. MySilsila has developed strict security features to protect Cardholder Data, and as such this data may only be used in anticipated ways and stored in appropriate places. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE PROHIBITED FROM COLLECTING OR ENTERING CARDHOLDER DATA INTO ANY FORM OR DATA ENTRY FIELDS IN THE SERVICES, EXCEPT INTO THOSE FIELDS INTENDED SOLELY FOR THAT PURPOSE (i.e. where MySilsila explicitly enables such data to be entered into such fields). Appropriate fields are clearly marked with labels such as ‘Card number’ or by having a credit card icon precede them. Similarly, excluding payment forms, you must never collect or enter any “Sensitive Authentication Data”, as defined by the PCI Standards (including CVC or CVV2) into any fields in the Services. You assume all responsibility for any Cardholder Data entered into the Services in violation of these terms.</p><p>10. <b>Suspension and Termination of Services</b></p><p>10.1. By You.</p><p>You can terminate your Subscription at any time through your account management page. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one.If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; or (b) a refund is required by law.</p><p>10.2. By MySilsila.</p><p>MySilsila may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. MySilsila may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. MySilsila may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after MySilsila has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, MySilsila may limit, suspend, or terminate the Services to you: (i) if you fail to comply with these Terms, (ii) if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where MySilsila may decide that we need to take immediate action without notice. MySilsila will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. MySilsila has no obligation to retain your Content upon termination of the applicable Service.</p><p>10.3. Further Measures.</p><p>If MySilsila stops providing the Services to you because you repeatedly or egregiously breach these Terms, MySilsila may take measures to prevent the further use of the Services by you, including blocking your IP address</p><span></div><div style=' background:#FFFFFF;color:#000000;font-family:Verdana;width:auto;padding:5px;'><span><p>11. <b>Changes and Updates</b></p><p>11.1. Changes to Terms.</p><p>MySilsila may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the MySilsila website. If an amendment is material, as determined in MySilsila’s sole discretion, MySilsila will notify you by email. Notice of amendments may also be posted to MySilsila’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require MySilsila to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.</p><p>11.2. Changes to Services.</p><p>MySilsila constantly changes and improves the Services. MySilsila may add, alter, or remove functionality from a Service at any time without prior notice. MySilsila may also limit, suspend, or discontinue a Service at its discretion. If MySilsila discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. MySilsila may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.</p><p>11.3. Downgrades.</p><p>Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.</p><p>12. <b>Disclaimers and Limitations of Liability</b></p><p>12.1. Disclaimers.</p><p>While it is in MySilsila’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND MySilsila DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.</p><p>12.2. Exclusion of Certain Liability.</p><p>TO THE EXTENT PERMITTED BY APPLICABLE LAW, MySilsila, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF MySilsila HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.</p><p>12.3. Limitation of Liability.</p><p>TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF MySilsila, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO MySilsila FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$200.00.</p><p>12.4. Consumers.</p><p>We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.</p><p>12.5. Businesses.</p><p>If you are a business, you will indemnify and hold harmless MySilsila and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.</p><p>13. <b>Contracting Entity</b></p><p>13.1. Who you are contracting with.</p><p>Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, MySilsila Inc.</p><p>13.2. MySilsila.</p><p>For any Service provided by MySilsila., the following provisions will apply to any terms governing that Service:</p><p>•Contracting Entity. References to “108Digital”, “we”, “us”, and “our” are references to MySilsila., located at 31 Country Way, Bethel, CT 06801, USA.</p><p>•Governing Law. Those terms are governed by the laws of the State of Connecticut (without regard to its conflict of laws provisions).</p><p>•Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Fairfield County, Connecticut</p><p>14. <b>Other Terms</b></p><p>14.1. Assignment.</p><p>You may not assign these Terms without 108Digital’s prior written consent, which may be withheld in 108Digital’s sole discretion. 108Digital may assign these Terms at any time without notice to you.</p><p>14.2. Entire Agreement.</p><p>These Terms (including the Additional Terms) constitute the entire agreement between you and 108Digital, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.</p><p>14.3. Independent Contractors.</p><p>The relationship between you and 108Digital is that of independent contractors, and not legal partners, employees, or agents of each other.</p><p>14.4. Interpretation.</p><p>The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.</p><p>14.5. No Waiver.</p><p>A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.</p><p>14.6. Precedence.</p><p>To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.</p><p>14.7. Severability.</p><p>If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.</p><p>14.8. Third Party Beneficiaries.</p><p>There are no third party beneficiaries to these Terms.</p><p>14.9. Survival.</p><p>The following sections will survive the termination of these Terms: 1, 2, 3.2, 10, 12, 13, 14, 15.</p><p>15. <b>Language</b></p><p>These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.</p><span></div>