Terms of Use

These Terms of Use are entered into by and between Collective OS, Inc. (“Collective,” “we,” or “us”) and each person or organization that accesses or uses the Service (“you”). If you access or use the Service on behalf of an organization that has subscribed to the Service, that organization is the “Member,” and you may be an “Authorized User” as described below. These Terms govern your access to and use of the website available at https://www.joincollectiveos.com/ (the “Website”), the Collective OS application available at https://app.joincollectiveos.com/ (the “Application”), any mobile application or other interface that Collective may make available, and the content, functionality, data, and services made available through any of the foregoing (collectively, the “Service”).

By accessing or using any part of the Service, you agree to be bound by these Terms of Use and our Privacy Policy, found at https://www.joincollectiveos.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not access or use the Service. These Terms are a legally binding agreement. A Member’s subscription and commercial obligations may also be governed by an order form or other written commercial agreement accepted by the Member.

If you accept these Terms or an order form on behalf of a Member, you represent and warrant that you have authority to bind the Member. If you access the Service as an Authorized User but do not have authority to bind the Member, you accept these Terms solely in your individual capacity with respect to your access to and use of the Service. An Authorized User may not enter into or modify the Member’s commercial terms, subscription, or ownership of the Member Account unless the Member has expressly authorized that user to do so.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter.

Your continued use of the Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check our website periodically, so you are aware of any changes, as they are binding on you.

Registration

Each individual authorized by a Member to access the Service must register for access and provide the information required by Collective. The Member may designate one or more account administrators to provision, manage, reassign, and terminate Authorized User access and seats. Each Authorized User must provide accurate, complete, and updated registration information and maintain the confidentiality of the credentials assigned to that user.

“Member” means the organization or entity that subscribes to the Service. “Member Account” means the enterprise-level account and all information, data, content, and integrations associated with the Member and its Authorized Users. “Member Profile” includes the Member’s name, details, employee information, and profile photo. “Authorized User” means an individual whom the Member authorizes to access the Service through a seat assigned under the Member’s subscription. The Member controls the Member Account and the data associated with it. Authorized Users have no independent ownership interest in the Member Account and may not transfer or port the Member Account, or account-level data associated with it, to a personal account or another organization without the Member’s authorization. If an Authorized User’s relationship with the Member ends, the Member may terminate that Authorized User’s access, and data previously integrated into the Member Account will remain associated with the Member Account, subject to these Terms, our Privacy Policy, and applicable law.

The Member is responsible for maintaining the confidentiality of all credentials for its Member Account and for its Authorized Users’ compliance with these Terms. Access is limited to the number of seats allotted under the Member’s subscription. Each seat must be assigned to a unique Authorized User and may not be shared. The Member may reassign a seat after terminating the prior Authorized User’s access.

You agree not to access or use the information, Member Account, Member Profile, username, password, or other credentials of another organization or user without authorization. You agree to notify us immediately if you suspect any unauthorized access to or use of your organization’s Member Account. The Member is responsible for activity through its Member Account unless it closes the account or reports misuse. Any personal information provided by your organization or gathered by the Service or third parties is subject to our Privacy Policy.

In addition, you may not register for more than one Member Account for the same organization or register additional Member Accounts on behalf of another organization, group, or entity without authorization. You may not use or attempt to use another Member’s or Authorized User’s account or credentials without authorization or create a false identity on the Service. You are responsible for activity through your account unless you close the account or report misuse.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or your organization have violated any provision of these Terms of Use.

Member Data and Third-Party Data

“Member Data” means information, data, content, records, files, or other materials that a Member or its Authorized Users submits, uploads, connects, integrates, or otherwise makes available to the Service, including through third-party accounts, systems, or data sources connected by the Member.

As between Collective and the Member, the Member retains all rights it has in Member Data. The Member grants Collective a non-exclusive, worldwide, royalty-free license and permission to host, copy, transmit, access, retrieve, process, analyze, combine, modify, and otherwise use Member Data to provide, operate, secure, maintain, support, and improve the Service; to generate the analyses, signals, recommendations, relationship paths, and other outputs requested or made available through the Service; and to develop, test, improve, and enhance the Service and related products and features. Collective may also create data derived from Member Data that has been aggregated and/or de-identified so that it does not identify the Member or any individual, and may use and disclose such aggregated or de-identified data for analytics, benchmarking, product development, service improvement, and other lawful business purposes. Collective’s use of Member Data remains subject to the Privacy Policy and applicable law.

The Member represents and warrants that it has all rights, permissions, authorizations, notices, and consents required to provide or connect Member Data and to permit Collective and its service providers to process Member Data as contemplated by these Terms and the Privacy Policy, including where Member Data contains personal information relating to employees, customers, prospects, contacts, or other third parties.

Collective may make available through the Service data obtained from third-party licensors, syndicators, aggregators, public sources, and other data providers (“Third-Party Data”). Third-Party Data may be subject to provider-specific terms, restrictions, usage limitations, or attribution requirements communicated through the Service or otherwise. The Member may use Third-Party Data only through and in connection with the Service for its internal business purposes, except as the Service expressly permits otherwise, and may not resell, sublicense, redistribute, publish, or use Third-Party Data to create a substitute data product. Collective may modify, suspend, or discontinue access to any Third-Party Data if required by law, provider terms, or changes in Collective’s rights to the data.

Collective reserves the right to restrict, suspend, or terminate your access to the Service if you breach these Terms, violate applicable law, or misuse the Service.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Service:

• In any way that violates any applicable federal, state, local, or international law or regulation, including laws relating to privacy, data protection, marketing, communications, export control, or the collection, use, disclosure, or transfer of personal information or other data, or that violates any restrictions applicable to Third-Party Data that are communicated to you through the Service or otherwise.
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any unsolicited or unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation, or otherwise use the Service in violation of applicable marketing or communications laws.
• To impersonate or attempt to impersonate Collective, a Collective employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or usernames associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Collective or users of the Application, or expose them to liability.

Additionally, you agree not to:

• Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Application, including their ability to engage in real time activities through the Application.
• Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Application.
• Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Application.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Application.

Fees and Payment

Fees. The Member may purchase access to paid features of the Service (“Premium Services”). Unless otherwise specified in an applicable order form or other written commercial terms, Premium Services are provided on an ongoing, month-to-month subscription basis, with a specified number of seats and usage credits. Subscription pricing, included credits, usage limits, and any applicable tiers or other commercial terms will be presented during onboarding, at checkout, or in an applicable order form or other written commercial agreement. The Member agrees to pay Collective the applicable fees for the Premium Services (“Subscription Fees”).

Payment of Fees. Unless otherwise specified, Subscription Fees are paid in advance and all references to currency are to U.S. dollars. If the Member exhausts the usage credits included with its subscription, Collective may require the Member to purchase additional credits or move to the next applicable usage tier, in each case as described in the applicable commercial terms and at rates disclosed to the Member before additional charges are incurred. Subscription Fees are non-refundable and non-creditable except as required by law or expressly stated in applicable commercial terms. If the selected payment method is credit card, ACH, direct debit, or another supported method, the Member authorizes Collective to charge Subscription Fees and other disclosed amounts automatically on an auto-renew basis. Collective may use one or more third-party payment processors to process payments, and the Member’s use of those payment services may be subject to the processor’s applicable terms and privacy policy. Premium Services will continue until the Member or Collective terminates the subscription. The Member must cancel before renewal to avoid the next periodic Subscription Fee. If Collective is unable to process or receive payment when due, the amount will be considered overdue. Collective may charge interest on overdue amounts up to the maximum amount permitted by applicable law, suspend access to Premium Services, and seek to enforce payment obligations, including through third-party collection services. If Collective sends an account for collection or initiates legal action to collect overdue amounts, Collective may seek to recover its reasonable costs and expenses of collection, including attorneys’ fees and court costs, to the extent permitted by law.

Fee Increase. Collective reserves the right to determine the applicable Subscription Fees. While Collective will make reasonable efforts to keep information relating to Subscription Fees published on its Website up to date, the Member should review the applicable pricing and commercial terms periodically. Collective may adjust Subscription Fees as it deems appropriate and may, from time to time and in its sole discretion, make promotional offers or different Subscription Fees available to certain clients or users. Such promotional offers will apply to the Member only if specified in writing or presented and accepted through the Service.

Trademarks

Collective’s name, the Collective logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Collective or its affiliates or licensors. You must not use such marks without the prior written permission of Collective. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Copyright Infringement

If you believe that any content made available through the Service infringes your copyright, please contact us at support@joincollectiveos.com. It is the policy of Collective to terminate the user accounts of repeat infringers.

Reliance on Sales Intelligence and Other Information

Information and outputs presented through the Service, including company and contact information, buying-intent signals, rankings, recommendations, relationship paths, and other sales intelligence, may be based on Member Data, Third-Party Data, public information, and automated analyses or inferences. Such information and outputs may be incomplete, outdated, inaccurate, or subject to change. Collective does not warrant that any identified company is likely to purchase, that any identified person is a decision-maker, that any relationship path will result in an introduction, or that use of the Service will produce any particular sales or business outcome. Any reliance you place on such information or outputs is strictly at your own risk.

Collective is not responsible or liable to you or any third party for errors, omissions, or inaccuracies in Third-Party Data or other information supplied by third parties, and Third-Party Data may change or become unavailable without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

Limitation on Liability

Indemnification

You agree to defend, indemnify and hold harmless Collective, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Service, including, but not limited to, your Member Data, your connection or use of third-party accounts or systems, and your use or disclosure of Third-Party Data, any use of the Service’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Collective’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

Waiver and Severability

No waiver by Collective of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Collective to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms, our Privacy Policy, and any applicable order form or other written commercial agreement accepted in connection with the Member’s subscription constitute the entire agreement between Collective and the Member concerning the Service and supersede prior and contemporaneous agreements and understandings concerning the Service. An Authorized User’s acceptance of these Terms does not create a separate subscription, ownership interest in the Member Account, or right to alter the Member’s commercial agreement. If there is a conflict, the applicable order form or commercial agreement controls with respect to pricing, seats, credits, usage limits, payment terms, and other commercial terms.

Your Comments and Concerns

This Application is operated by Collective OS, Inc., 402 Pine Bark Lane, Hendersonville, NC 28739.

All notices of copyright infringement claims should be sent to the copyright agent at support@joincollectiveos.com.

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: support@joincollectiveos.com.