Effective 10/1/2023

Beta Terms of Use

Thank you for joining Objectively’s beta launch! These Beta Terms of Use (this “Beta Agreement“) are incorporated into any existing and currently valid Terms of Use (“Agreement”) previously made between Objectively, Inc. (“Objectively“) and the Customer (“Customer“) and govern the Customer’s use of Objectively’s beta or trial features.  Objectively and Customer may be referred to herein collectively as the “Parties” or individually as a “Party.” Any capitalized terms not defined shall herein have the meanings associated with them in the Agreement, as applicable.

THIS BETA AGREEMENT TAKES EFFECT WHEN YOU FIRST ACCESS OR USE THE SERVICES (the “Effective Date”). BY ACCESSING OR USING THE SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THIS BETA AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS BETA AGREEMENTON BEHALF OF THE CUSTOMER AND (C) AGREE THAT THE CUSTOMER IS LEGALLY BOUND BY ITS TERMS.

Provision of Access.

Objectively hereby grants Customer a non-exclusive, non-transferable right for a limited time as solely determined by Objectively (the “Beta Trial Period“) to: (a) access and use software-as-a-service beta features and documentation (the “Services“) for the number of   Customer users that Objectively permits to access and use the Services (“Authorized Users“). Customer will not use the Services for any purpose other than evaluating and testing such Services internally in connection with assessing whether Customer desires to enter into a commercial agreement with Objectively for the Services. For the avoidance of doubt, the Parties agree that this Beta Agreement does not provide a commercial access grant, and Customer’s access to and use of the Services after the Beta Trial Period is subject to the Parties entering into a pricing proposal reflecting the fee for the new Services. During the Beta Trial Period, Objectively shall provide to Customer the necessary feature access and connections to allow Customer to access and use the Services. Customer agrees that Objectively, in its sole discretion and without liability to Customer or any third party, may terminate Customer’s use of or access to the Services at any time.

Support.

Objectively has no obligation under this Beta Agreement to provide support, maintenance, upgrades, modifications, or new releases of the Services to the Customer.

Feedback.

If Customer sends or transmits any communications or materials to Objectively that provides input or suggested or changes to the Services, (“Feedback“), Objectively is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Objectively all right, title, and interest in, and Objectively is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. For the avoidance of doubt, Customer is not required to provide Feedback and Objectively is not required to use any Feedback.

Intellectual Property.

Our Services may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos, and any and all intellectual property provided to Customer or any Authorized User in connection with the Services (“Objectively IP”). Your use of our Services does not constitute any right or license for you to use such service marks/trademarks. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Services do not grant you ownership rights of any kind in our Website or Materials. Objectively reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Objectively IP.

Notices and Messages.

By using the Services, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to the Services. These emails are part of your relationship with us. By accepting a discussion as an Invitee with an Objectively User, you consent to receive transactional emails related to the scheduled meeting (e.g. booking confirmations and reminders). If, as an Invitee, you provide your phone number for text notifications, you also consent to receive SMS notifications from Objectively related to the discussion between you and the Objectively User.

You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary. If, as an Invitee and/or Objectively User you do consent to the use of SMS notifications as described herein, you also agree to comply with the terms and conditions of the Twilio Acceptable Use Policy when sending and/or receiving such SMS notifications.

Objectively Discussions

User Content

The content that users post and share in Objectively Discussions is referred to as “User Content.” User Content may include messages, reactions, discussion posts and replies, and multimedia, as well as information that identifies you within the community, such as your name, your employer, and your picture.

User Responsibility for User Content

You are solely responsible for your User Content. Objectively is not under any obligation to screen or monitor User Content. However, Objectively reserves the right to review User Content in Objectively’s sole discretion to ensure compliance with it’s community terms and applicable laws, and to take any action Objectively deems necessary, without notice, in response to a User’s violation of these community terms, including removing User Content that violates these community terms, suspending or terminating a User’s account, and taking any appropriate legal action. No delay by Objectively in exercising or failure to exercise any part of these community terms will operate or be construed as a waiver thereof.

License to User Content

You grant to Objectively an irrevocable, perpetual, royalty-free, worldwide, sublicensable, nonexclusive license to copy, modify, publish and display your User Content, and to make, use (and permit others to use) your User Content in connection with operating, improving, and providing you with Objectively Services.

User Content is Public

Although only Objectively Users may post in Objectively Community, the content on Objectively Community is available to and viewable by the public. YOU UNDERSTAND THAT ANY AND ALL OF YOUR USER CONTENT MAY BE PUBLICLY VISIBLE. Your use of Objectively Services is at your own risk. Do not include any information in your User Content that is confidential, proprietary, sensitive, or private, or that violates any law.  Objectively is not responsible for any use or misuse by any third party of your User Content.

Indemnification.

You alone are responsible for any violation of these Terms by you. You agree to indemnify and hold Objectively, its parents, subsidiaries, affiliates, officers, agents, employees, resellers or other partners, and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees (“Losses”), resulting from any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the User Content, or the use thereof in accordance with this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates any applicable law or regulation and any Third-Party Claims based on Customer’s or any Authorized Users’ (i) negligence or willful misconduct; (ii) use of the Services in a manner not authorized by this Agreement; (iii) use of the Services in combination with data, software, hardware, equipment, or technology not provided by Objectively or authorized by Objectively in writing; or (iv) modifications to the Services not made by Objectively, provided that Customer may not settle any Third-Party Claim against Objectively unless Objectively consents to such settlement, and further provided that Objectively will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

Links to Other Websites.

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Objectively has no control over the legal documents and privacy practices of third party websites, and by using them, you may be giving those third parties permission to use or control your information in ways Objectively would not. As such, you access any third-party websites at your own risk.

Unauthorized Activities.

To be clear, we authorize your use of these Services only for Permitted Purposes. Any other use of these Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use which may result in the violation of various United States and international copyright laws, the deletion of your Objectively account, or a block from the Services. Unless you have written permission from us stating otherwise, you are not authorized to use these Services in any of the following ways. (Note that these are examples only, and the list below is not a complete list of everything that you are not permitted to do):

You are not allowed to use the Services:

• To create a competing product, resell or broker the Services to any third-party;
• In a manner that modifies, publicly displays, publicly performs, reproduces, or distributes any of the Services;
• In a manner that violates any relevant law or the Terms of this Agreement, including but not limited to anything that is illegal in the jurisdiction where the User, Invitee and/or Authorized User is located;
• To stalk, harass, spam, or harm another individual, organization, or business;
• To disclose information that you do not have permission to disclose;
• To impersonate any person or entity, misstate your Personal Data, or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt the Services or servers or networks connected to the Services;
• To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services;
• To disseminate any viruses, worms, or otherwise harmful code; or
• To attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services, whether through hacking, password mining, or any other means;
• To submit or store Payment Card Industry data (such as credit card numbers) without using an authorized Objectively payment integration;
• To disclose any types of information listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) or other relevant privacy regulations, including medical or health insurance information, education information, employment information, credit or debit card information, or any other financial information, driver’s license, or other government identification number;
• To disclose or collect any types of information considered to be protected classification characteristics under California or other relevant law, including Age (if 40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status, and genetic information (including familial genetic information); and
• To disclose or collect any information defined by relevant laws as biometric information, or any information that falls within the definition of “special categories of data” under EU Data Protection Laws, “protected health information” under California or other relevant law or regulations. “Special categories of data” include, for example, information about an individual’s race, ethnic origin, politics, religion, trade union membership, genetics, biometrics, health, sex life, sexual orientation, or criminal records.

Disclaimer of Warranties.

1. THE SERVICES ARE PROVIDED “AS IS” AND OBJECTIVELY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. OBJECTIVELY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. OBJECTIVELY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES, WILL MEET CUSTOMER’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Limitations of Liability.

IN NO EVENT WILL OBJECTIVELY BE LIABLE UNDER OR IN CONNECTION WITH THIS BETA AGREEMENT  UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER OBJECTIVELY  WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL OBJECTIVELY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS BETA ADDENDUM UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED $200.

Term and Termination.

The term of this Beta Agreement begins on the Effective Date and will continue in effect until the expiration of the Beta Trial Period, which may be extended or ended earlier at the sole discretion of Objectively. Upon expiration or earlier termination of this Beta Agreement, Customer shall immediately discontinue use of the Services.

Entire Agreement.

This Beta Agreement, together with any prior Agreement, constitutes the sole and entire agreement of the Parties with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of a conflict between a prior Agreement and this Beta Agreement, the Beta Agreement shall control with respect to the Beta features.

Changes.

We may amend our Terms at any time by publishing revised Terms on our Website and/or by sending an email to the address you gave us. These Terms are current as of the Effective Date set forth above. If any changes are made to these Terms, we’ll post them on this page, so please be sure to check back periodically. If you continue to use Objectively after those changes are in effect, you agree to the revised Terms. Therefore, it is important for you to periodically review our Terms to make sure you still agree to them. If you object to any such modifications, your sole recourse will be to cease using this Website. Objectively reserves the right to change any and all features of our Services, at any time, without notice.

Beta Programs for Artificial Intelligence/Machine Learning-Powered Services.

Objectively’s AI beta Services may allow you to input content and data to the Services in order for the feature to perform an action, such as to create a discussion analysis (“AI Content”). You are responsible for your AI Content. You may not input any AI Content into the AI beta Services that violates our Terms of Use, a third party’s rights, or applicable laws.

AI is a new and developing technology. As such, Objectively’s AI beta Services are not designed or intended for use with your confidential, proprietary, personal or sensitive data. You agree not to upload or provide any such data to Objectively’s AI beta Services. Objectively is not responsible or liable for any damages that may result from you providing such data to the AI beta Services.

You grant to Objectively a perpetual, worldwide, non-exclusive, non-transferable license to host, copy, transmit, and display AI Content as reasonably necessary for Objectively to provide the AI beta Services, including related internal purposes such as quality control, information security, prevention and detection of spam, fraud, and abuse, troubleshooting, and product improvement and development, including to train and improve the AI beta Services.

If you do not agree with this Beta Agreement, please do not participate this beta program or use the AI beta Services.