By using the Cirrus Insight web site and application (the “Service”) by CirrusPath, Inc. (the “Cirrus Insight”), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). For clarity, all references to “we”, “us”, or “our” will be construed to mean Cirrus Insight and any reference to “you” or “your” will refer to you as the user of the Service.
Cirrus Insight reserves the right to update and change the Terms of Service from time to time without notice by posting an amended Terms of Service. You can review the most current version of the Terms of Service at any time at https://cirrusinsight.com/terms. Violation of any of the terms may result in the termination of your Account.
All rights not expressly granted in these Terms of Service are reserved by us and our licensors.
The requirements for using our Service reflect the requirements of Gmail, Microsoft, and Salesforce. In addition to those requirements (or, if there is a conflict between those requirements), you agree to use the Services, only for your own internal purposes, in accordance with these Terms of Service, including, but not limited to, the following:
Cirrus Insight reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
We reserve the right, but not the obligation, to monitor your access and use of the Service without notification to you. In addition, we may, but have no obligation to, terminate accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
The material provided by the Service is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content is owned by Cirrus Insight and/or others. Except for the limited rights granted herein, all other rights are reserved. In addition:
EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES, THE SERVICE AND ITS CONTENT ARE PROVIDED “AS-IS” AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO SUCH SERVICE OR CONTENT, EXCEPT AS MAY BE PROVIDED IN ANY SUCH SEPARATE WRITTEN AGREEMENT. CIRRUS INSIGHT AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CIRRUS INSIGHT AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS OF SERVICE. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL CIRRUS INSIGHT AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR ITS CONTENT, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION REGARDLESS OF CAUSE, EVEN IF CIRRUS INSIGHT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE.
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to these Terms of Service or a breach thereof will be submitted to and finally resolved by an arbitrator under the rules of the American Arbitration Association (“AAA”) then in effect. There will be one arbitrator, and such arbitrator will be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration will take place in Orange County, California, USA, and may be conducted by telephone or online. The arbitrator will apply the laws of the State of Delaware to all issues in dispute. The controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator will be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment will be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to $1000.00.
The courts of Orange County in the State of California, USA, and the nearest U.S. District Court in the State of California will be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Service.
These Terms of Service will be controlled under the laws of the State of Delaware, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Pricing information will be posted as part of the ordering process for the Service. We maintain specific contact information including an email address for notification of complaints and for inquiries regarding pricing policies in accordance with California Civil Code § 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry
P.O. Box 748528
Los Angeles, CA 90074-8525
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to those inquiries.
The Complaint Assistant Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 916.445.1254.
Cirrus Insight is committed and subject to the Principles of the Privacy Shield Framework, which are principles governing the transfer of personal data between the European Union and the United States. We are listed as a participating company on the Privacy Shield website: https://www.privacyshield.gov/list
The types of personal data we collect include: your Salesforce username and ID, organization name and ID, Salesforce edition, and other basic personal and company information that Salesforce collects which typically includes name, phone number, and email.
Our use of personal data is limited to providing our service, billing our customers, supporting our customers, and improving our service through research and development. We do not rent, sell, trade, or disclose private information to third parties without your consent. We are required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
As posted on our trust web page (cirrusinsight.com/trust), we provide commercially reasonable and appropriate measures to protect your data from loss, misuse, unauthorized access, disclosure, alteration and destruction.
Through the acts of signing up or cancelling our service, customers can control our access to the basic personal information we collect. Additionally, users can revoke OAuth in Salesforce and/or Google for Work and/or Microsoft Office 365 which will remove Cirrus Insight’s access to those systems.
JAMS is the independent dispute resolution body designated to address complaints and provide appropriate recourse.
As participants in the Privacy Shield Framework, we are subject to the investigatory and enforcement powers of the FTC, the Department of Transportation or any other U.S. authorized statutory body. In the event of a dispute, there is the possibility, under certain conditions, for the individual to invoke binding arbitration.
We adhere to the requirements for onward transfers to third parties as stated in the Privacy Shield Framework.
Questions about the Terms of Service, general inquiries, or suggestions may be sent to https://cirrusinsight.com/contact.