These Terms of Service were last updated on December 17, 2021.
The following terms of service (the “Terms of Service”) govern your use of the SeaMonster Platform. By visiting, browsing, accessing, downloading, installing or otherwise using (the terms “use” and “using” will refer to any of the foregoing) the SeaMonster Platform (such person, the “Customer”) you are entering into these Terms of Service with SeaMonster Technologies Inc. (“SeaMonster”) (SeaMonster and the Customer, the “Parties” and each a “Party”). These Terms of Service are effective on the earlier of: (a) the date Customer first uses any part of the SeaMonster Platform; and (b) the date Customer agrees to be bound by these Terms of Service (the “Effective Date”).
BY USING THE SEAMONSTER PLATFORM, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF SERVICE, AS AMENDED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 9(l). IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE SEAMONSTER PLATFORM. CUSTOMER REPRESENTS AND WARRANTS TO SEAMONSTER THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THESE LEGALLY BINDING TERMS OF SERVICE. IF CUSTOMER IS USING THE SEAMONSTER PLATFORM ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO SEAMONSTER THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THESE TERMS OF SERVICE.
SeaMonster will be entitled to use, commercialize or disclose (or to choose not to use, commercialize, or disclose) such Feedback for any purpose, in any way, in any manner, and to anyone worldwide without any compensation or reimbursement of any kind to the Customer for such use.
Upon the Customer’s request, SeaMonster will issue one or more administrator accounts (the “Administrator Accounts”) to the Customer that provides the Customer with the capability to create user accounts (each, a “Customer User Account”) for use solely by the Customer and individuals who are employees or independent contractors of the Customer that the Customer wishes to have access to and use of the SeaMonster Platform (each user, and each administrator, a “Permitted User”). The Customer will ensure that Permitted Users only use the SeaMonster Platform through the Customer User Account. The Customer will not provide credentials for its Administrator Accounts or Customer User Accounts to any other person, nor will the Customer allow any Permitted User to share the Customer User Account with any other person. The Customer will promptly notify SeaMonster Platform of any actual or suspected unauthorized use of the SeaMonster Platform. SeaMonster reserves the right to suspend, deactivate, or replace the Customer User Account if it determines that the Customer User Account may have been used for an unauthorized purpose. The Customer will ensure that all individual users of the SeaMonster Platform, including Permitted Users, are contractually bound to terms and conditions with the Customer that are no less restrictive or protective of SeaMonster’s rights than those set forth in these Terms of Service.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SEAMONSTER BE LIABLE TO THE CUSTOMER OR ANY PERMITTED USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, DIRECT INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST OR LOSS OF (i) SAVINGS, (ii) PROFIT, (iii) DATA, (iv) USE, OR (v) GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OF SERVICE, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SEAMONSTER IN CONNECTION WITH THE SEAMONSTER SOLUTION OR UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL SEAMONSTER’S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS OF SERVICE.
Start with a single activity you would like to validate. Let SeaMonster do the work!
© 2023 SeaMonster Technologies Inc. All rights reserved.