Terms & Policies
Terms of Service
Last Updated: September 20, 2021
STRIGO TERMS OF SERVICE
IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE, APPLICATION, PLATFORM, SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “SERVICES”) OF STRIGO, INC. AND ITS AFFILIATES (“STRIGO”) IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE STRIGO WEBSITE OR BY UTILIZING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT”). THE SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
Strigo will provide the Services, and you may access and use the Services, in accordance with this Agreement. Strigo may provide any of the Services hereunder through any of its Affiliates. If you order Services through an on-line registration page or an order form (each, an “Order Form”), the Order Form may contain additional terms and conditions and information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the specific Services which you choose to use, those additional terms are hereby incorporated into this Agreement in relation to your use of such Services.
System Requirements. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
1.1 The Services are intended for business use and include a cloud based virtual workplace training platform. The platform is designed to improve training programs’ impact and customers’ experience to deliver hands-on courses and workshops by providing customers access to cloud-based training labs.
1.2 A subscription may be procured through the Services interface. A subscription allows you or trainers on your behalf (“Trainers”) to access the Services or certain parts of it and receive a unique URL in order to create an instructor-led training course, a virtual instructor-led training course or an on-demand course (each, a “Course”) and invite or add learners (“Learners”) to attend such Course. Learners’ access to the Services is limited and personal.
1.3 You may be required to provide information about yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are responsible for maintaining the confidentiality of your account and password and for restricting access thereto, and you agree to accept responsibility for all activities that occur under your account or password, including without limitation in connection with any interaction with Learners or by anyone using your accounts and passwords.
1.4 You affirm that you are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.
1.5 Strigo uses commercially reasonable efforts to maintain the highest Services availability. However, Strigo cannot guarantee that the Services will operate in an uninterrupted or error-free manner. Strigo performs Services maintenance and uses commercially reasonably efforts to schedule system down-time to off-peak hours and to avoid service interruptions and delays. Strigo may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
2. Evaluation Period and Beta Version
2.1 Strigo may make the Services or any part thereof available to you on an evaluation basis until the earlier of (i) the end of the applicable evaluation period pursuant to the Order Form, (ii) your purchase of a Services subscription, or (iii) any termination of the evaluation by Strigo for any reason, or for no reason at all, by sending you a termination notice with immediate effect.
2.2 Strigo may, from time to time, offer access to services that are classified as Beta version. Access to and use of Beta versions may be subject to additional agreements. Strigo makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.
3. Subscription Fees
3.1 You will pay all amounts due and owing for the Services, including set up fees, subscription fees, or any other fee or charge associated with your account, as applicable, in the amount and subject to the payment terms under the applicable Order Form (the “Subscription Fees”).
3.2 You agree that in the event that Strigo is unable to collect the Subscription Fees owed to Strigo for the Services, Strigo may take any other steps it deems necessary to collect such fees from you and you will be responsible for all costs and expenses incurred by Strigo in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that Strigo may collect interest at the lesser of 1.0% per month or the highest amount permitted by law on any amounts not paid when due. We may also block your access to the Services pending resolution of any amounts due by you to Strigo. Except to the extent otherwise expressly stated in this Agreement or in an applicable Order Form, all obligations to pay Subscription Fees are non-cancelable and all payments are non-refundable.
3.3 Your Subscription Fees are stated exclusive of any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales use or withholding taxes, assessable by any jurisdiction. You are responsible for paying any and all such taxes.
3.4 Strigo reserves the right to modify the Subscription Fees for the Services under one or more Order Forms, effective upon commencement of the next renewal subscription term of the relevant Order Form(s), by notifying you of such change in writing at least 30 days before the end of the then-current Subscription Term.
4. Your Content
4.1 You agree that you are solely responsible for the content, including without limitation profiles, documents, presentations, videos, recordings, comments, messages, notes, text, animation files, listings, etc. sent or transmitted by you or shared, displayed, published or uploaded in using the Services (“Content”), including all Content displayed or posted during a Course, and for compliance with all laws pertaining to the Content, including, but not limited to, laws requiring you to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that you have the right to upload the Content in the framework of the Services and that such use does not violate or infringe on any rights of any third party. Under no circumstances will Strigo be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content.
4.2 Although Strigo is not responsible for any Content, Strigo may delete any Content, at any time without notice to you, if in the sole judgment of Strigo, such Content violates any provision of this Agreement, or any law or which might be deemed offensive. You agree and acknowledge that we may disclose Content if required to do so by law or in the good faith belief that any such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any Content violates the rights of third parties or protect our rights, property or personal safety or that of our users and the public.
4.3 You agree not to upload or transmit any Content that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Strigo or other users of Services.
4.4 We do not claim any ownership of the Content and you retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. You grant us a worldwide, non-exclusive, limited term license to access, use process, copy distribute, perform, export and display Content only as reasonably necessary to: (a) provide, maintain and improve the Services; (b) prevent or address service, security, support or technical issues; and/or (c) as you expressly permitted in writing. You warrant that you have obtained all rights in the Content to authorize Strigo to input, process, distribute and display the Content as contemplated by this Agreement.
4.5 Strigo will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards. Strigo will notify you if it becomes aware of unauthorized access to Content. Strigo will not access, view or process Content except (a) as provided for in this Agreement; b) as authorized or instructed by you, (c) as required to perform its obligations under this Agreement; or (d) as required by law. Strigo has no other obligations with respect to Content.
5. Responsibility for Attendees
5.1 You assume full responsibility for any use of your Trainers and Learners (together, the “Attendees”) of the Services in accordance with this Agreement and with applicable local, state, federal, national and international laws, regulations and treaties.
5.2 You are responsible for the activities of all Attendees who access or use the Services through your account and you agree to ensure that any such Attendees will comply with the terms of this Agreement and any Strigo policies. Strigo assumes no responsibility or liability for violations. If you become aware of any violation of this Agreement in connection with use of the Services by any person, please contact email@example.com. Strigo may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or Attendee profiles.
6. Use of Communication Services
6.1 The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Attendees or other third parties (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
6.2 Strigo does not control or endorse the content, messages or information found in any of the Communication Services and, therefore, Strigo specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any of the Communication Services.
6.3 Strigo has no obligation to monitor the Communication Services. However, Strigo reserves the right to (a) review materials posted and to remove any materials in its sole discretion; (b) terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever; and (c) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Strigo’s sole discretion.
7. No Unlawful or Prohibited Use
7.1 You agree that you will not use, and will not permit any Attendee to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Strigo’s networks, your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Strigo or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Strigo’s security systems; or (ix) use the Services in violation of any Strigo policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and you agree that you are solely responsible for compliance with all such laws and regulations.
7.2 You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless you have been specifically permitted to do so under a separate agreement with Strigo. You may not offer or enable any third parties to use the Services purchased by you, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by you) or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
8. Proprietary Rights
Strigo and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and derivatives thereof (except for your Content) and in all trade names, trademarks, service marks, logos and domain names. In addition, Strigo retains all rights to aggregated and anonymous data derived from your use of the Services, with the understanding that such data will not be identifiable as belonging to or emanating from you nor will such data contain information that directly or indirectly identifies you or any other person (natural or otherwise).
In the course of using the Services, you or your Attendees may provide Strigo with feedback and suggestions regarding the Services. All such feedback and suggestions and all rights therein shall be deemed automatically assigned to Strigo, without any royalty or accounting obligations to you.
9. Links to Other Websites and Applications
The Services contain links and references to websites and applications. Such links are not under the control of Strigo and Strigo is not responsible for the contents of any such link. Strigo does not endorse, sponsor or confirm any such link and shall not be liable for any communication or transaction that you make with them.
10. Collecting Content
We can collect or monitor certain content and other information you provide when you use our Services, including when you register or subscribe for an account, create, share or join a Course, invite Attendees and message or communicate with others. This can include information about how you use the Services, such as the frequency and duration of your activities and the results of your activities. In addition, we collect information about the Attendees and other users you are connected to and how you interact with them. You hereby agree that we can analyze any such content and information for any purpose.
11. No Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND STRIGO, ITS AFFILIATES, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. STRIGO, ITS AFFILIATES, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES OR THAT THE SERVICES WILL MEET ANY USER’S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. STRIGO DOES NOT ASSUME ANY RESPONSIBILITY FOR RETENTION OF ANY CONTENT OR COMMUNICATIONS BETWEEN USERS. STRIGO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. STRIGO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STRIGO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STRIGO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to indemnify, defend and hold harmless Strigo, its affiliates, officers, directors, employees, consultants, agents and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from your use of the Services, your violation of this Agreement or the infringement or violation by you or any other user of your account, of any intellectual property or other right of any person or entity or applicable law.
If you have purchased the Services for a specific term, such termination will be effective on the last day of the then-current term. Your Order Form may provide that a renewal term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next renewal term. If you fail to comply with any provision of this Agreement, Strigo may terminate this Agreement immediately and retain any fees previously paid by you. Sections 3, 4, 5, 7.2, and 8 through 15 inclusive, shall survive any termination of this Agreement. Upon any termination of this Agreement, you must cease any further use of the Services. If at any time you are not happy with the Services, your sole remedy is to cease using the Services and follow this termination process.
15.1a. What law will apply in disputes arising in connection with this Agreement, and where such disputes will be resolved, depend on where you are domiciled.
If you are domiciled in:
You are contracting with:
The governing law is:
The exclusive venue for resolving disputes is:
United States or Canada
Delaware and controlling United States federal law
State and Federal courts in Delaware, USA
Any other country other than United States or Canada
Courts in Israel
b. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.
15.2 This Agreement embodies the entire understanding and agreement between the Parties respecting the subject matter of this Agreement and supersedes any and all prior understandings, communications and agreements between the Parties respecting such subject matter, except that if you or your company have executed a separate written agreement or you have signed an order form referencing a separate agreement governing your use of the Services, then such agreement shall control to the extent that any provision of this Agreement conflicts with the terms of such agreement. Strigo may elect to change or supplement the terms of this Agreement from time to time at its sole discretion. Strigo will exercise commercially reasonable business efforts to provide notice to you of any material changes to this Agreement. Within ten (10) business days of posting changes to this Agreement (or ten (10) business days from the date of notice, if such is provided), they will be binding on you. If you do not agree with the changes, you should discontinue using the Services. If you continue using the Services after such ten-business-day period, you will be deemed to have accepted the changes to the terms of this Agreement. In order to participate in certain Services, you may be notified that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into this Agreement.
15.3 Failure by either Party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
15.4 The Services may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Neither party will permit its personnel or representatives to access any Service in a U.S.-embargoed country or in violation of any applicable export law or regulation.
15.5 Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation, force majeure event.
15.6 This Agreement has been prepared in the English language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.