Terms of Servicesmay lead to harm, loss, emotional distress, physical or mental injury, death, disfigurement, disability, or physical or mental illness to you, any animal, or to any other person; may give room for a risk of damage or other loss to any person or property; has the ability to exploit or harm children by asking them for identifiable details, opening them to inappropriate content, or otherwise; may contribute to a tort or crime; has information or content that we see as unlawful, abusive, harmful, defamatory, racially or ethnically offensive, infringing, harassing, invasive of personal privacy or publicity rights, humiliating to other people, libelous, profane threatening, or otherwise objectionable; contains information that possess illegal content (including, the disclosure of insider information of another party’s business or trade secrets); possess any content that you lack the right to make accessible under fiduciary or contractual relationships or under any law; or may contain any information that you know is not current and incorrect. You agree that any information that you post will and does not violate the rights of any kind. We retain the right, but we are also not obligated, to remove and/or reject any Content that we believe, in our primary discretion, violates the provisions of our Terms.
The following Terms of Service (“Terms“) controls your access to and how you use Transfective's (“Transfective”, “we” or “our”) services, websites, and applications (collectively known as the “Service”). Your access to the Service is depends on your compliance and acceptance of these Terms. These Terms are for all users, visitors, and anyone who has access to use the Service. Please read the following terms carefully before subscribing to the Services.
Your Use of the Service
By using the Service, you become bound by these Terms. If you can access the Services in lieu of an organization (employer) or entity (“Organization”), you are agreeing to these provisions on behalf of the Organization and you also warrant that you have the right to bind the Organization to conform with these Terms. In this regard, “you” and “your” refers to you and such Organization.
Data, Projects & Your Privacy
By agreeing to use our Services, you will provide Transfective with projects, information, and folders (generally called “Content”). Please note, however, that you have full ownership of your Content. Here, we don't maintain any ownership to any of such content. The Terms we provide does not give us rights to your intellectual property or Content except for the ones that are used to run the Services, as thoroughly explained below. These Terms allows you to grant us permission to do what you ask us to do with your Content. For instance, analyzing or hosting your Content, to establish automated localization. It also includes some other choices like design which we make to administer our Services. This includes how we backup data to all our Customer information safe. You also grant us permission to do things that helps us to provide the Services we offer. This kind of permission concerns the trusted third parties we do business with to access and use the Services, for instance, Google and Amazon, provides our storage space.
Although you will retain full ownership of your Content, you agree to give us a non-exclusive, worldwide, irrevocable, perpetual, transferable, royalty-free license to copy, use, copy, process, modify, reproduce, adapt, publish, transmit, translate, edit, display, make derivatives, and distribute Content that are associated with providing our Service to you and other users in line with your preferred settings on the Service. Closely related with providing any Service, we may also modify or your Content to display, transmit, or distribute it over various media, computer networks and make changes that are necessary to adapt such Content to a given limitations or requirements of any devices, networks, services or media.
Please note that you are responsible for protecting all your Content. We are not liable for any alterations or loss of your Content, or for expenses need in backing up or restoring them.
You, and not Transfective, are primarily responsible for your conduct, the materials of your folders and files, and your communications with others in the course of using the Services. For instance, it’s your duty to make sure that you have the permission needed to work with these Terms. Sometimes, we will choose to revisit your content for compliance purposes with our guidelines, but you agree that Transfective is under no obligation to monitor the data on the Services. Transfective is not responsible for the appropriateness, accuracy, completeness, or legality of user posts, files, and any other information you access using the Services.
You cannot upload Content that:
At all times, we reserve the right, but are not obligated, to take out or refuse to share any Content on the Service, that has your stuff. Moreover, we reserve the right to read, access, preserve, and disclose any data as we believe is reasonable to
Satisfy any applicable regulation, law, legal process or governmental request Implement the Terms, including necessary investigation of future violations Spot, detect, prevent, or address security, fraud, or technical issues Give feedback regarding user support requests, or Securing the rights, safety or property of Transfective, the public, and its users.
Transfective Property, Copyrights & Feedback
All interest, right, and title in and to the Service (not including the Content provided by users) will remain an exclusive property of our establishment and licensors. The Service is secured by trademark, copyright, and other laws of both the United States of American and foreign countries. No provision in the Terms gives you the permission to use the Transfective name or any Transfective logos, trademarks, domain names, and other unique brand features. Any suggestions, feedback, or comments, you may provide concerning Transfective, or the Service is purely voluntary, and we have the right to use such suggestions, feedback, or comments without any obligation to you or as we deem fit.
Use of Content
All Content contained on the Service (whether posted publicly or privately transmitted by our users), is the primary responsibility of the individual who created such Content. We do not approve, represent, support, or guarantee the wholeness, truthfulness, reliability or accuracy of any Content or communications posted through the Service. We also do not endorse opinions expressed through the services. If rely on or make use of any material or Content posted via the Service or gotten by you through the Service, you do this at your own risk. In no situation or under no circumstances is Transfective liable in any manner for any material, or any loss or damage incurred due to the use of any Content in the Service.
You will agree that you are solely responsible for your access or use of the Service, for all Content you provide, and for any consequences that comes after that, including but not limited to the use of your Content by another user and third party. Here, you understand that if you do not possess the permission to submit Content to the Service. Doing that may open you to liability. Transfective will hold no responsibility or is in no way liable for the use of your Content by Transfective in line with these Terms. In addition, you warrant that you have the necessary power, rights, and authority to allow the rights granted in these terms to any Content that you give us, including the rights to upload for use in strict accordance with the already established terms and conditions.
Using some of our Service requires you to download the software package of a client. Transfective therefore grants you a limited, nontransferable, nonexclusive, revocable license to use the Software, only to access and use the Services. Your agreement to use the Software is immediately revoked once you go against these Terms in a way that could risk our intellectual property rights. Therefore, we reserve all rights that are not specifically granted in these Terms. Please note that you must not decompile, or counter engineer the Software, nor assist another party to do so, nor attempt to do so. Take note that our Services can automatically update the Software on your device when a new version is readily available.
Acceptable Use of Transfective
Access and use the service for illegal and unlawful purposes or for the promotion of various illegal activities; You must not post any content on the service that violates any applicable law, such as intellectual property laws and right of privacy laws, or other contractual obligation; You must not impersonate others via the service or misrepresent your connection with an entity or individual that intends to confuse, mislead, or deceive others; You post or publish other people’s personally identifiable data, including street address, credit card numbers, or Social Security and National Identity numbers, without their prior permission and authorization; Link or publish to malicious content with the aim of damaging or disrupting another user’s computer or browser or to access, risk, or use private areas of the Service, or use the sensitive delivery systems of Transfective’s providers; Scan the vulnerability of any network or breach any authentication measures or security practices; access the Services via any means other than Transfective's publicly supported interfaces; Forge any IP packet header or any section of the header information in any posting or mail, or use the Service to send deceptive or false information; disrupt, the access of any user, host or network, including, without limitation, ending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content.
Transfective respects the intellectual property of others and asks that you as a user do so too. Kindly note that we will respond to request notices of copyright infringement if they are rightly provided to us or in accordance with the law.
No Warranty – Transfective is Available “AS-IS”
Although we prioritize providing Customers with excellent service, there are several things about the service we can’t promise you. For instance, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS”AT YOUR OWN RISK, WITHOUT IMPLIED WARRANTY OR ANY CONDITION. IN THIS VEIN, WE DISCLAIM WARRANTIES ASSOCIATED TO MERCHANTABILITY, FITNESS FOR NON-INFRINGEMENT OR A SPECIFIC PURPOSE.
Transfective will also have no role to play for any risk or harm that may lead to corruption of data, harm your computer system, or other risk that may occur from your access to the Services or Software.
Limitation of Liability
TO THE COMPLETE EXTENT IN ACCORDANCE WITH THE LAW, TRANSFECTIVE, ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE FOR
(I) ANY INDIRECT, SPECIFIC, ACCIDENTAL, PUNITIVE, OR CONSEQUENTIAL (INCLUDING THE LOSS OF DATA, USE, PROFITS OR, BUSINESS) DAMAGES, REGARDLESS OF ANY GIVEN LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IN THE CASE WHEN A REMEDY FAILS TO FULFIL ITS PURPOSE;
(II) THE AGGREGATE LIABILITY FOR CLAIMS RELATING TO OUR SERVICES GREATER THAN $100 OR THE AMOUNTS YOU PAY TO TRANSFECTIVE IN THE PAST THREE MONTHS OF THE SERVICE. Please note that states disallow the limitations in this paragraph, so if you reside or operate there, these limitations may not apply to you.
Miscellaneous Legal Term
These Terms, license and rights and granted here and below cannot be assigned or transferred to you. However, they may be assigned by Transfective without restriction. Any attempted assignment or transfer by you will be void.
In an event where we have not been able to sort a dispute we have with you after attempting to do so, we will agree to resolve any dispute or controversy by binding arbitration through the American Arbitration Association in the city of New York, in accordance with the commercial rules. The award given by the arbitrator may include the costs of arbitration, attorneys’ fees and costs for experts and witnesses. Any judgment on the award laid down by the arbitrator may be affected in any court with competent jurisdiction. Nothing in this Section of our terms and conditions shall be seen as preventing Transfective from seeking equitable relief from the courts in order to protect our proprietary interests. Please note, however, that:
ALL CLAIMS MUST BE BROUGHT FORWARD IN THE INDIVIDUAL CAPACITY OF BOTH PARTIES’ INVOLVED, AND NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO OUR TERMS, YOU AND TRANSFECTIVE HAVE THE RIGHT TO PARTICIPATE IN CLASS ACTION OR A TRIAL BY JURY.
ALL CLAIMS MUST BE BROUGHT FORWARD IN THE INDIVIDUAL CAPACITY OF BOTH PARTIES’ INVOLVED, AND NOT AS A CLASS MEMBER OR PLAINTIFF IN ANY CLASS OR REPRESENTATIVE PROCEEDING. BY AGREEING TO OUR TERMS, YOU AND TRANSFECTIVE HAVE THE RIGHT TO PARTICIPATE IN CLASS ACTION OR A TRIAL BY JURY.
Effective: Jan 1, 2019
TO THE COMPLETE EXTENT IN ACCORDANCE WITH THE LAW, TRANSFECTIVE, ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE FOR:
In cases where we provide our Services under an agreement with an organization (for instance, your employer), such organization has control over the information submitted to and retained by the Services. For more details, kindly see our Notice to End Users below.
Organization and Account Information
To create your account, the Organization Owner (your employer or tool administrator) or you must supply us with details such as name, phone number (optional), email address, password, role in the Organization (optional), time zone and other similar account details. Moreover, you or the owner of the Organization must log in with the credentials supplied (username and password) to update your account. With this, you can change the settings to which you can access. If your Organization Owner wants to invite you to a Workspace or add you to an Account, they can do this via email.
Cookies and Other Tracking Technologies
With our third-party partners, such as our analytics and advertising partners, we use tracking technologies (for example: pixels, web beacons, and device identifiers) and cookies to function properly and to identify you across more than one Services and devices.
Third Party Services
Tool administrators or Organization Owners can decide to restrict or allow Third Party Services for their various Organization. In simple terms, Third Party Services are those software that works well and integrates with our Services. Team Members should kindly see the notices and privacy settings in these Third-Party Services in order to understand what data Transfective can have access to. When an organization enables a Third-Party Service, Transfective has the right to access and link Other Information made available to us. This will be done in terms of our agreement with the Third-Party Provider.
Third Party Data
Note that Transfective will receive information about organizations, marketing campaigns, industries, Website visitors, and other issues related to our enterprise, from our business partners or others that we harness to make our own information more useful. This information may be collaborated with Other Information we collect. It may also include aggregate level information, including identifying which IP addresses correspond to countries or zip codes. To be specific: for instance, how well an email or online marketing campaign performed.
Additional Information Provided to Transfective
We accept and retain Other Information when you engage in a contest, focus group, event or activity, job application, interaction with our social media account, visit our office or when request support are sent to our Websites. Generally, no one is under any contractual obligation to give away any Customer Data or Other Information. Please note, however, that some Information will be collected automatically and, if certain Information, including an Organization setup details, is not given to us, it will be tasking for us to provide the Services.
Notice to End Users
At Transfective, our products are made for use by organizations. If you can only access the Services we offer via an organization (for instance, your employer), such organization is the sole administrator of the Services. The organization is responsible for all the Services or accounts which it controls. If this is similar to your experience, do well to direct your privacy questions to your administrator. This is because your use of the Services is determined by the organization’s policies. Transfective is not liable for the security or privacy procedures of an administrator’s organization. This may differ from this policy.
Administrators can tell you to reset the password of your account; suspend, withhold or terminate your access to the Services; manage and access information in your account; keep information stored in your account; install or uninstall third-party applications.
Often, administrators can withhold, restrict, or terminate your account access. Administrators can also alter the email address connected to your account; change or manage your information, such as your profile information; hinder your ability to restrict, edit, delete or modify or information.
Once you use an email provided by your organization (that is, work address) to use the Services, the owner of such domain name can assert some level of administrative control over your access to the Services and control your account. This happens when you do not administer the Services, or the address is given to you by your organization. You will get a notification once any of these happens.
If you're against an administrator that will have the ability to control your account or how you use the Services, ensure that you use your personal email address to register for the Services. You can also update the email that's linked to your account via the account settings on your profile if an administrator has not previously accessed your services or asserted control over your account. Please note that immediately an administrator asserts control over your use of the Services or account, you can no longer change the email address connected to your account without an approval from the administrator.
Kindly see your admin's organization policies or contact your organization if you want more information.
How We Use Information
Customer information will be used by Transfective in compliance with Customer’s instructions. We may also consider any applicable tenets in the Services Agreement and as requirements posited by applicable law. Transfective processes customer data, but the customer is the sole controller of their data. Customer can use the Services to configure settings and assign roles, remove and give access to an organization, access, manage, remove, export, and share customer data.
Transfective also use Other Information to further the legitimate interests of the business via operation of our Services, business and Websites. To be specific we use Other Information:
This includes the use of Other Information to aid the delivery of the Services via the Services Agreement, to address service errors, solve security or other technical issues, and examine and manage trends, usage, and other activities or at the request of a Team Member.
Under the requirements of a legal process, regulation or an applicable law.A means of communication to respond to your requests, questions and comments.
When you reach out to us, there's a likelihood that we may respond to your Other Information.
To develop and provide additional features
We ensure that the Services as relevant and as useful as possible for every Organizations and Team Members.
To send emails and other communications
Transfective may send you technical, service-related and other administrative workflow notifications, emails messages and several other means of communications. We may contact you to brief you on new developments in our Services, and Services offerings. We will also deliver Services-related notices, including fraud and security notices. We will reach you if you ask to meet with a Transfective representative or seek a specific information. These communications are a vital part of the Services we offer. Please not that you may not opt out of our communications. Moreover, we periodically send emails regarding promo communications, new product features, and other news about the company. Because these are marketing messages, you can determine and control your ability to receive them.
For billing, account management and other administrative matters
Transfective may reach you for dealings such as invoicing, organization management and a host of others. We utilize organization data to manage and administer accounts and to track billing and payments.
To investigate and help prevent security issues and abuse
Transfective will only store Customer Data with Customer's instructions. We may also do this in accordance with any applicable terms required by law and terms in the Services Agreement. Also, Transfective will retain your personal data in as much as your account is with us is still active or during a period when we have to provide you Services. If you wish to request that we terminate your account or request that we quit using your information to carry out our services, you may cancel your account by sending a termination request account to “firstname.lastname@example.org.” You can also do this via requesting that the owner of your Organization removes you. In this vein, we may hold and manage your data as to implement our agreement, settle disputes and comply with our legal requirements. In line with these obligations, we will work towards deleting your information as soon as we get a request. However, please note that there might be a level of latency in wiping out information from our servers. Also, our backed-up versions might remain even after deletion. We also do not erase files that you share with other users from our servers.
How We Share and Disclose Information
This part of Transfective's Terms and Conditions examines how this establishment may manage, divulge and share Information. We allow Customers opt for their policies and practices for the sharing process and the disclosure of their Information. Transfective has no control over how customers or other third parties choose to do this.
Transfective has the sole right to disclose and share Customer Data in line with the instruction of our Customers. This also includes the necessary terms that are applicable in the Customer's use of the Services, Customer Agreement, and according to applicable and standard law and legal process.
Displaying the Services.
In the case where one Team Member inputs Other Information, information may be visible to other Team Members as far as they share connected or same Workspaces. For instance, each Team Member’s email address will be displayed on their Workspace profile.
Collaborating with Others
Here, Transfective's Services provide numerous ways to help Team Members working in individual Workspaces to cooperate collaborate. A form of collaboration is shared channels. Other Information, including a Team Member’s profile details, may be shared. This is dependent on the practices, regulations and policies of the other Workspace(s).
There are specific groups of people who may have access to modifying and restricting access to Other Information. They include administrators, team members, owners and other Customer reps and personnel. Service possess the ability to access or change your profile details and export logs of Workspace functions.
Third Party Service Providers and Partners
To support our operation and analyses other information, we may need the services of individuals and third-party companies as business associates and service providers. For instance, these third-party services may provide storage and virtual computing services.
Third Party Services
Customer can permit Team Members to activate Third Party Services. With this service, Transfective can pass on other information with the Third-Party Services. Be informed that Third Party Services are not controlled, managed or owned by Transfective. In addition, third parties have access to Other Information, which means they may or may not possess their own practices or policies for its collection. For more inquiries and further questions, kindly browse through the notices, and privacy settings in these Third-Party Services.
We may share your Other Information with our corporate partners. However, Transfective will only do this after securing your consent.
During a Change to any Transfective’s Business
If we participate in an acquisition, a merger, dissolution, bankruptcy, reorganization, financing, sale of all or a part of Transfective’s stock or asset, public offering of its securities, an acquisition of any part of our company, or measures regarding the contemplation of activities like due diligence, all or a section of Other Information may be transferred or shared. But this is relative to confidentiality arrangements.
Aggregated or De-identified Data
Another instance where we may likely share or utilize aggregated Other Information is when we want to conduct business research. Moreover, we may share aggregated Other Information with partners for business purposes. We can tell a prospective customer an aggregate amount of money or time saved for let’s say an average strings management.
To Comply with Laws
When we receive a request for your information, chances are we will divulge Other Information if we strongly believe that the disclosure is required by applicable regulation.
To enforce our rights, prevent fraud, and for safety
To safeguard and shield the property, rights, or safety of Transfective and other third parties, this also includes the implementation of policies or relating to the investigation and prevention of security challenges.
When Transfective secure consent, there's a likelihood that we pass on other information with third parties.
Transfective priorities data security. Also, Transfective tirelessly does a great deal of work to safeguard shield other Information you give away from possible misuse, possible misuse, and unauthorized disclosure. These steps do not ignore the sensitivity of the information we receive, process and retain.
Information storage and security
To host all the information we gather, we utilize the advantages of data hosting service providers in all the regions we operate. Besides this, we make use of other effective technical measures to safeguard the data you share. Although we put out safety measures to secure your information, it is well known that no security framework is impenetrable. Because of the inherent character of the Internet, we genuinely cannot say that the information, in the process of storage on the internet or during transmission via the Internet or in our care or is completely safe from external intrusion. In a situation where you use our data center services, you are responsible for safeguarding storage. Access to all the information you insert into our Services depends on you.
How long we keep information
The duration of how long we retain your personal information largely depends on the kind and nature of the information, described below. After a reasonable period of time, we either make your details anonymous or delete the information. In the case where this is not feasible (sometimes, the information may have been stored in the backup archives), we proceed to securely storing and isolating your information from subsequent use, until we ascertain if we can delete them.
In as much as your account remains active, we keep all your account information. We also retain your details even after you deactivate, but only for a reasonable period. We do this in case you choose to re-activate your account. Another reason why we decide to keep a reasonable measure of your information is to comply with our obligations. We also need it to sort out disputes, support business operations, develop our Services over time, and to implement our agreements. However, in the case where we keep your information to improve our Service, we wipe information that identifies you directly.
Information you share on the Services
To enable users and your team to utilize the Services, we retain all content and personal information we received from you. This happens if your account is unfortunately disabled or deactivated. For instance, we constantly display some of the messages you sent to our users that received them. Moreover, we also leave the content you share on the Services.
In the case where you can access the Services we offer via an organization (that is, your employer), we ensure that we store your personal information as long as it is affirmed by the admin of your managed account. To get more details regarding this issue, revisit “Managed accounts and administrators” as seen above.
Our Policy Toward Children
Our Services aren’t made for persons under 16 years of age. Also, we do not receive identifiable information from children under 16 on purpose. As a guardian or parent, if you discover that your child provided Transfective with Personal Information, reach us at email@example.com. On the other hand, if we find out that someone under 16 provided us with Personal Data, we will take off such information from our database.
Data Protection Officer
Kindly send an email to firstname.lastname@example.org to reach our Data Protection Officer.
In accordance with personal information, customers residing in some countries, including those in the European Economic Area have the right to delete or correct your data, seek access to any info and request for an update. However, this right subject to exemptions provided by law. If you find yourself unable to use any of the settings and tools available, do well to contact the owner of the organization for further help and access.
Transfective’s method of processing your Personal Data is relative to the details in the General Data Protection Regulation. Moreover, Transfective deeply depends on its legitimate interests, as explained above, to carefully examine your personal data. For marketing purposes, Transfective may go through other data that makes up your Personal Data. Regardless, you have every right to object Transfective’s use of your data for this purpose