Sub-User Terms of Service
The following Sub-user terms of service (the Agreement) govern the use and access of the Sub-users on our platform. This agreement is legally binding between Sharp Archive LLC and its affiliates, and subsidiaries (referred to as “Sharp Archive”, “us”, “our” and “we” in this agreement), and you as sub-users.
Sharp Archive is an archive solution that provides the Main-users an opportunity to archive their organization data on supported platforms in a secure and hassle-free environment. Please read this Terms of Service and Sub-user Privacy Policy very carefully before accessing or using our service.
BY ACCESSING, OR OTHERWISE USING ANY PART OF THE SHARP ARCHIVE LLC SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OR USE ANY OF OUR SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE. WE REQUEST YOU TO PLEASE CHECK THIS PAGE REGULARLY TO TAKE NOTICE OF ANY CHANGES WE MAY HAVE MADE TO THE TERMS OF SERVICE.
If you are entering into this agreement on behalf of any corporation/company or any other legal entity, then you agree that you have an authority to bind such corporation/company or any other legal entity into this agreement. For the purpose of this agreement “Sub-user”, “you”, “your” and “user” shall refer to you.
- DEFINITIONS
a)
“Account” means an account enabling an Sub-User to use and access our Services.
b)
“Agreement” means and Incudes this agreement, with any schedules, and any amendments made to this agreement from time to time.
c)
“Main User” shall mean and include a company, organization, workplace or an individual who have subscribed to our archiving services and shall also include a person, who is authorized by us to have master/admin access to the profile of a Sub-user.
d)
“Subscription term” refers to a period for which the Main-user has subscribed for our services.
e)
“Sub-user” shall mean and include employee, worker, agent, personnel, contractor, developer, or a person associated with the Main-User in any manner including their client, who has been authorized by the Main-user to use and access our platform and services.
f)
“Third-Party Platforms” refers to Sharp Archive supported social media platforms, websites, other messaging, and communication services, on which you can use and access our archiving solution.
- PRIVACY OF SUB-USER Summary: To understand our privacy practices kindly visit our Privacy Page
Please review our Sub-user Privacy Notice, which also governs your use of our services to fully understand our practices at https://sharparchive.com/privacy-policy
- ELIGIBILITY OF USAGE Summary: We do not provide any of our offerings to a minor person. If you are a minor then you shall not sign-up, access, or use our platform and services.
Sharp Archive does not offer any services directly to a minor, but it offers them to adults. If you’re a minor, you shall not sign-up, access, or use our platform and services.
- USE OF SERVICE Summary: There are some basic requisites, which need to be fulfilled to access and use our services. Please go through the requirements carefully before signing up for our services.
4.1.
To sign you up on our platform, we will send you a mail at your e-mail address associated and registered with the Main-user. As a sign-up process, you're required to click on the sign-up link in your e-mail and provide a few basic necessary details, required for registering your profile on our platform.4.2.
Thereafter, you shall be responsible to authorize our service with the supported social media platforms and websites by providing your authentication information on the supported social media platforms and websites. Failing which we shall not be held responsible to the Main-User for any failure of archiving your information.
- TERM OF THIS AGREEMENT Summary: Below is the period for which this agreement is binding on the parties.
5.1.
This agreement shall come into force upon the date on which you sign up for our services.5.2.
This agreement shall continue to remain in force for the subscription term for which Main-user has subscribed for our services, unless terminated by us or Main-User before the expiry of the termination period.5.3.
Upon expiration or termination, you will no longer be authorized to use or access our services.
- OBLIGATION OF A USER Summary: We have imposed a certain obligation on our users. It is essential to carefully read and understand all the obligations imposed on you before you access our services.
6.1.
You shall be responsible for registering an account and ensuring that the information provided to us in the registration process is complete and accurate.6.2.
6.2. You shall solely be responsible for maintaining the confidentiality of your account. It shall be your duty to immediately notify us and the Main-user of any unauthorized use of your account.6.3.
You shall solely be responsible for all the activities undertaken in your account.6.4.
You shall not try to delete or manipulate any information stored in your account.6.5.
You represent and warrant that by use of our services you shall not infringe any third-party rights including the intellectual property rights and confidential information of any third person.6.6.
In addition to this agreement, you shall comply with all the rules and regulations set the Main-user with regard to the use of our platform. In case of any conflict between this agreement and the policy set out by the Main-user, our agreement would prevail.6.7.
You shall comply with all the applicable local, state, national and international laws, or treaties in connection with the use of our services, including those related to data privacy, SPAM, or the transmission, recording, or storage of information.6.8.
You shall restrain yourself from copying, distributing, performing, and displaying any ideas, features, functions, contents, and/graphics that are proprietary to us and our services.6.9.
You shall undertake all reasonable efforts to prevent unauthorized access to our service.6.10.
We do our best to capture and store all the relevant information required by the Main-user. However, since we do not have physical access to your system or your accounts on third-party platforms. So, we cannot guarantee that all the relevant information required by the Main-user is automatically archived on our solution. Therefore, you shall regularly monitor your accounts in order to ensure all the necessary information is stored and accessible in your account. It shall be your duty to notify us of any information failures in their account.6.11.
You shall grant us a limited, non-exclusive license to access, copy, transmit, download, display and reproduce your data as necessary required to provide, support, and improve our services.6.12.
We only grant a limited, non-exclusive license to you and the Main-user to access and use our services. Therefore, the user shall not try to sell, resell, license, sublicense, distribute, rent, or lease our solution and services to any third person.6.13.
You would grant us and our affiliates a worldwide, perpetual, royalty-free, and irrevocable license to use and incorporate into our services any suggestion, recommendation, feature enhancement, correction, or any other feedback provided by you with regard to our services.
- ACCESS TO YOUR ACCOUNT Summary: We provide master/admin access of your profile the Main-user. We do not undertake any responsibility for any kind of adverse action taken by the Main-user due to such access.
In addition to your access the Main-user would also have admin/master access to your account registered with us. We do not undertake any responsibility or liability for any adverse action taken against you by the Main-user due to any archived information available on our platform.
- THIRD-PARTY SERVICES Summary: Our services are dependent upon third-party websites. These third parties have their own protocols, terms of use, and privacy practices. We cannot be responsible for their activities.
Our solution is dependent on third-party social media platforms, websites, other messaging or communication services, and their API to receive the user data. These third-party services are not offered, controlled, or provided by Sharp Archive LLC. These third parties may make changes to its services, add functionalities, discontinue any services without notifying us. In addition, the availability of these services shall be dependent on the user's compliance with their terms. We do not control and shall not be responsible or held liable for how these third parties process, transmits, store, access, or provide data to us. Sharp Archive LLC shall not be liable for any sort of liability arising from the use of these third-party platforms or from any updates, modifications, corruption, loss of data, delivery failures, discontinuation, or termination of the user account by the third-party platforms. Further, you shall not make us liable for any kind of data breaches that occurred due to the act of any third-party platform.
- TERMINATION OF AGREEMENT Summary: Below we have referred to the procedure for termination of this agreement. In addition, you will also find the effects/consequences of such termination.
Both we and you would have right to terminate this agreement immediately at any moment of time. Though termination, if any, would take place in the following manner:
9.1.
Termination for ConvenienceBoth the party reserve the right to terminate this agreement by providing at least 15 days advance written notice to the other party, citing the intention of the termination.
9.2.
Termination for BreachIf either us or you breach any provision of Sharp Archive LLC policies. Then both of us would have right to terminate the agreement by giving a minimum of 3 days written notice to the other party, clearly citing the reasons for such termination. In addition, Sharp Archive LLC retains the right to immediately terminate your account, if a severe breach of the agreement is found. Further, Sharp Archive LLC shall not be liable for any damages resulting from the suspension/termination of your account.
10.3.
Effect of Termination- a) In the event of termination of this agreement, all rights and licenses to the services granted by us to you will immediately be terminated.
- b) In case of termination of your account, you shall have no right to demand us to export, provide or delete your data stored on our servers. Such requests can only be generated through the Main-user within a reasonable period of time.
- INTELLECTUAL PROPERTY RIGHTS Summary: All intellectual property rights concerning Sharp Archive are solely owned by us. We are empowered to take all necessary legal actions against the infringing user.
All the intellectual property rights in connection with our service, website, software, hardware, database, networks, application programming interface, product, material design, layout, look, logos, appearance, and graphics of this app are exclusively owned by us. Reproduction of our intellectual property rights is completely prohibited unless it is done in accordance with this Terms of Service. Any such infringement may give rise to legal action against you.
- VIOLATION AND TERMINATION Summary: Below we have defined certain kinds of violations, which empowers us to terminate your account and take all applicable legal remedies against the users found in such violations.
11.1.
You shall not use our services for any illegal, unlawful, unauthorized, or prohibited purposes, nor may you violate any laws in the use of our services. We shall reserve the right to immediately and without notice suspend your account and take appropriate legal action against you and the Main-user in case you are found using our services for any kind of illegal purpose or activity.11.2.
We may refer any suspected fraudulent, abusive, or illegal activity to appropriate law enforcement authorities. These remedies are in addition to any other remedy which we may have under any other law.
- APPLICABLE LAW AND JURISDICTION Summary: Below we have identified the exclusive laws and jurisdictions applicable in case of any conflict.
These terms shall be governed by and constructed in accordance with the state laws of the State of Colorado, and all the disputes arising in relation to these terms, or our services shall only be subjected to the exclusive jurisdiction of the Arapahoe County Court. Except that to the extent, you have in any manner violated or threatened to violate our intellectual property rights or any other terms referred to in this agreement, we may seek injunctive or other appropriate relief in any state or courts Worldwide.
- LIMITATION OF LIABILITIES Summary: We shall not be liable for any kind of claims, loss, liabilities, and damages emerging from the use of our services.
13.1.
In no event shall Sharp Archive LLC, its affiliates, and our directors, employees, partners, members, consultants, officers, and agents be liable to any user, Sub-user, Main-user or any third person for any claims, losses, liabilities, cost or/and damages including but not limited to direct, indirect, consequential, or punitive damages, including business interruptions, network failures, loss of profits, data loss or any other liability or damages arising from use or access of our services.13.2.
In no event, Sharp Archive LLC shall be held responsible or liable for any failure to comply/satisfy the achieving requirements set out by the different regulatory bodies established under the law. It shall be the sole duty of the Main-user and Sub-user to regularly check and ensure that they are always compliant with the applicable archiving requirements set out under the law from time to time.
- REPRESENTATION AND WARRANTIES
The Parties to this Agreement represent and warrant the following:
14.1.
Both Parties are validly incorporated under the laws of their appropriate jurisdiction.14.2.
Both Parties have the authority to enter into this transaction as per their constitutional documents.14.3.
Both parties are not restricted by any means or any past obligations to enter into this agreement.14.4.
The entry into this transaction does not violate any law or contractual obligations of the Parties
- INDEMNIFICATION
By accessing and using our services, you agree to indemnify, defend, and hold us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liabilities, damages, or cost arising from your use of our solution, breach or any other infringements.
- SEVERABILITY
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
- DISCLAIMER
IN NO EVENT WILL THE SHARP ARCHIVE OR ITS REPRESENTATIVES, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS BE LIABLE FOR ANY DAMAGES, ARISING OUT OF OR RELATED TO MISUSES DUE TO THE NEGLIGENCE OF THE CUSTOMER, AND THE CUSTOMER SHALL SOLELY BE HELD LIABLE FOR HIS/HER ACTS. SHARP ARCHIVE NEVER ASK OUR CUSTOMER TO SHARE THEIR CONFIDENTIAL INFORMATION LIKE ACCOUNT PASSWORD, OTP, CREDIT/DEBIT CARD DETAILS WITH ANYONE, EVEN THOUGH A PERSON CLAIM TO BE OUR EMPLOYEE. NONE OF OUR EMPLOYEES WOULD EVER ASK YOU FOR SUCH INFORMATION.