Please read these Terms of Service fully and carefully before using www.corviq.com (the “Site”)
and the services, features, content
or applications offered by Corviq. (“Corviq”, “we”, “us” or “our”) (together with the
Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions
for your use of the Site and the Services.
1) Acceptance of Terms.
- By registering for and/or using the Services in any manner, including but not limited to
visiting or browsing the Site, you agree to these Terms of Service (including, for clarity,
operating rules, policies and procedures that may be published from time to time on the Site
by us, each of which is incorporated by reference and each of which may be updated from time
to time without notice to you.
- Certain of the Services may be subject to additional terms and conditions specified by us
from time to time; your use of such Services is subject to those additional terms and
conditions, which are incorporated into these Terms of Service by this reference.
- These Terms of Service apply to all users of the Services, including, without limitation,
users who are contributors of content, information, and other materials or services,
registered or otherwise.
- ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED
IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CORVIQ WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A
CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant that you are at least 16 years of age. If you are under age 16, you may
not, under any circumstances or for any reason, access or use the Services. We may, in our sole
discretion, refuse to offer the Services to any person or entity and change its eligibility
criteria at any time. You are solely responsible for ensuring that these Terms of Service are in
compliance with all laws, rules and regulations applicable to you and the right to access the
Services is revoked where these Terms of Service or use of the Services is prohibited or to the
extent offering, sale or provision of the Services conflicts with any applicable law, rule or
regulation. Further, the Services are offered only for your use, and not for the use or benefit
of any third party. If you are registering with Corviq on behalf of an entity or a third party,
you represent and warrant that you have full authority to bind that entity to these Terms of
In order to use the Services, you must register for an account on the Services (an “Account”).
You must provide accurate and complete information and keep your Account information updated.
You shall not: (i) select or use as a username a name of another person with the intent to
impersonate that person; (ii) use as a username a name subject to any rights of a person other
than you without appropriate authorization; or (iii) use, as a username, a name that is
otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs
on your Account, and for keeping your Account password secure. You may never use another
person’s user account or registration information for the Services without permission. You must
notify us immediately of any change in your eligibility to use the Services (including any
changes to or revocation of any licenses from state authorities), breach of security or
unauthorized use of your Account. You should never publish, distribute or post login information
for your Account. You shall have the ability to delete your Account, either directly or through
a request made to one of our employees or affiliates.
4) Processing of Personal Data
extent that you are a controller that provides Corviq with personal data of third party data
subjects, including without limitation other users of the Services, that is subject to European
Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection
Regulation, you agree to the terms contained in Corviq’s EU Data Processing Addendum.
- Definition. For purposes of these Terms of Service, the term “Content”
includes, without limitation, information, data, text, photographs, videos, audio clips,
written posts and comments, software, scripts, graphics, and interactive features generated,
provided, or otherwise made accessible on or through the Services. For the purposes of this
Agreement, “Content” also includes all User Content (as defined below).
- User Content. Corviq shall not be responsible for any Content added,
created, uploaded, submitted, distributed, or posted to the Services by users (collectively
“User Content”), whether publicly posted or privately transmitted. You represent that all
User Content provided by you is accurate, complete, up-to-date, and in compliance with all
applicable laws, rules and regulations. You acknowledge that all Content, including User
Content, accessed by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to you or any other party resulting therefrom. We do not
guarantee that any Content you access on or through the Services is or will continue to be
- Notices and Restrictions. The Services may contain Content specifically
provided by us, our partners or our users and such Content is protected by copyrights,
trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You
shall abide by and maintain all copyright notices, information, and restrictions contained
in any Content accessed through the Services.
- Use License. Subject to these Terms of Service, we grant each user of the
Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use
(i.e., to download and display locally) Content solely for purposes of using the Services.
Use, reproduction, modification, distribution or storage of any Content for other than
purposes of using the Services is expressly prohibited without prior written permission from
us. You shall not sell, license, rent, or otherwise use or exploit any Content for
commercial use or in any way that violates any third party right.
- Availability of Content. We do not guarantee that any Content will be made
available on the Site or through the Services. We reserve the right to, but do not have any
obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time,
without notice to you and for any reason (including, but not limited to, upon receipt of
claims or allegations from third parties or authorities relating to such Content or if we
are concerned that you may have violated these Terms of Service, or for no reason at all and
(ii) to remove or block any Content from the Services.
6) Rules of Conduct.
- As a condition of use, you promise not to use the Services for any purpose that is
prohibited by these Terms of Service. You are responsible for all of your activity, and all
activity connected to your Account in connection with the Services (including without
limitation your communications and collection of data from other users of the Services).
- You shall not (and shall not permit any third party to) either (a) take any action or (b)
upload, download, post, submit or otherwise distribute or facilitate distribution of any
Content, including without limitation User Content, on or through the Services that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other
right of any other person or entity, or violates any law, rule, or regulation (whether
domestic, foreign, or international) or contractual duty;
- violates these Terms of Service;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic,
offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or
is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are
designed or intended to disrupt, damage, limit or interfere with the proper function of
any software, hardware, or telecommunications equipment or to damage or obtain
unauthorized access to any system, data, password or other information of ours or of any
- impersonates any person or entity, including any of our employees or representatives;
- includes anyone’s identification documents or sensitive financial information.
- You shall not: (i) take any action that imposes or may impose (as determined by us in our
sole discretion) an unreasonable or disproportionately large load on our (or our third party
providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working
of the Services or any activities conducted on the Services; (iii) bypass, circumvent or
attempt to bypass or circumvent any measures we may use to prevent or restrict access to the
Services (or other accounts, computer systems or networks connected to the Services); (iv)
run any form of auto-responder or “spam” on the Services; (v) use manual or automated
software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi)
harvest or scrape any Content from the Services; or (vii) otherwise take any action in
violation of our guidelines and policies.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse
engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of
any part of the Services (including without limitation any application), except to the
limited extent applicable laws specifically prohibit such restriction, (ii) modify,
translate, or otherwise create derivative works of any part of the Services, or (iii) copy,
rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and
- We also reserve the right to access, read, preserve, and disclose any information as we
reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process
or governmental request, (ii) enforce these Terms of Service, including investigation of
potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or
technical issues, (iv) respond to user support requests, or (v) protect the rights, property
or safety of us, our users and the public.
7) Third Party Services.
The Services may permit you to link to other websites, services or resources on the Internet, and
other websites, services or resources may contain links to the Services. When you access third
party resources on the Internet, you do so at your own risk. These other resources are not under
our control, and you acknowledge that we are not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of such websites or
resources. The inclusion of any such link does not imply our endorsement or any association
between us and their operators. You further acknowledge and agree that we shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any such content, goods or services
available on or through any such website or resource.
8) Payments and Billing.
- Paid Services. Certain of our Services may be subject to payments now or in
the future (the “Paid Services”). Please see https://www.corviq.com/pricing for a
description of the current Paid Services. Please note that any payment terms presented to
you in the process of using or signing up for a Paid Service are deemed part of this
- Billing. We use a third-party payment processor (the “Payment Processor”)
to bill you through a payment account linked to your Account on the Services (your “Billing
Account”) for use of the Paid Services. The processing of payments will be subject to the
terms, conditions and privacy policies of the Payment Processor in addition to these Terms
of Service. We are not responsible for error by the Payment Processor. By choosing to use
Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices
then in effect for any use of such Paid Services in accordance with the applicable payment
terms and you authorize us, through the Payment Processor, to charge your chosen payment
provider (your “Payment Method”). You agree to make payment using that selected Payment
Method. We reserve the right to correct any errors or mistakes that it makes even if it has
already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment
Method and may be determined by agreements between you and the financial institution, credit
card issuer or other provider of your chosen Payment Method. If we, through the Payment
Processor, do not receive payment from you, you agree to pay all amounts due on your Billing
Account upon demand.
- Recurring Billing. Some of the Paid Services may consist of an initial
period, for which there is no charge or a one-time or initial charge, followed by recurring
period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge
that such Services have an initial and recurring payment feature and you accept
responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC
CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR
NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR
WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE
REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND
ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO
KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING
ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY
US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR
IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE
OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://APP.CORVIQ.COM/SETTINGS. IF YOU FAIL
PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR
ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID
SERVICES AS SET FORTH ABOVE.
- Change in Amount Authorized. If the amount to be charged to your Billing
Account varies from the amount you preauthorized (other than due to the imposition or change
in the amount of state sales taxes), you have the right to receive, and we shall provide,
notice of the amount to be charged and the date of the charge before the scheduled date of
the transaction. Any agreement you have with your payment provider will govern your use of
your Payment Method. You agree that we may accumulate charges incurred and submit them as
one or more aggregate charges during or at the end of each billing cycle.
- Auto-Renewal for Subscription-Based Services. Unless you opt out of
auto-renewal, which can be done through your Account settings at https://app.corviq.com/account/billing,
any subscription-based Services you have signed up for will be automatically extended for
successive renewal periods of the same duration as the subscription term originally
selected, at the then-current non-promotional rate. To change or resign your Subscription
Services at any time, go to https://app.corviq.com/account/billing.
If you terminate a subscription-based Service, you may use your subscription until the end
of your then-current term; your subscription will not be renewed after your then-current
term expires. However, you won't be eligible for a prorated refund of any portion of the
subscription fee paid for the then-current subscription period.
- Reaffirmation of Authorization. Your non-termination or continued use of a
Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid
Service. We may submit those charges for payment and you will be responsible for such
charges. This does not waive our right to seek payment directly from you. Your charges may
be payable in advance, in arrears, per usage, or as otherwise described when you initially
selected to use the Paid Service.
- Free Trials and Other Promotions. Any free trial or other promotion that
provides access to a Paid Service must be used within the specified time of the trial. You
must stop using a Paid Service before the end of the trial period in order to avoid being
charged for that Paid Service. If you cancel prior to the end of the trial period and are
inadvertently charged for a Paid Service, please contact us at email@example.com.
We may terminate your access to all or any part of the Services at any time, with or without
cause, with or without notice, effective immediately, which may result in the forfeiture and
destruction of all information associated with your membership. If you wish to terminate your
Account, you may do so by following the instructions on the Site or through the Services. Any
fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their
nature should survive termination shall survive termination, including without limitation
ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10) Warranty and Other Disclaimers.
- We have no special relationship with or fiduciary duty to you. You acknowledge that we have
no duty to take any action regarding:
- which users gain access to the Services;
- what Content you access via the Services; or
- how you may interpret or use the Content.
- You release us from all liability for you having acquired or not acquired Content through
the Services. We make no representations concerning any Content contained in or accessed
through the Services, and we will not be responsible or liable for the accuracy, copyright
compliance, or legality of material or Content contained in or accessed through the
- THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY
DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT
PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT
OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE
OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
- WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN
PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR
SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM
ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY
THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO CORVIQ. FURTHERMORE, WE DISCLAIM ALL
LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE
SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS,
TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their
respective employees, contractors, directors, suppliers and representatives from all
liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or
relate to your use or misuse of, or access to, the Site, the Services, Content, or otherwise
from your User Content, your violation of these Terms of Service, or infringement by you, or any
third party using your Account or identity in the Services, of any intellectual property or
other right of any person or entity. We reserve the right to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will
assist and cooperate with us in asserting any available defenses.
12) Limitation of Liability.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT
PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR
EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III)
FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for
the particular Services during the immediately previous three (3) month period or (B)
13) Governing Law and Jurisdiction.
These Terms of Service shall be governed by and construed in accordance with the laws of the
State of New York, including its conflicts of law rules, and the United States of America. You
agree that any dispute arising from or relating to the subject matter of these Terms of Service
shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New
York County, New York.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service,
or change, suspend, or discontinue the Services (including without limitation, the availability
of any feature, database, or content) at any time by posting a notice on the Site or by sending
you notice through the Services, via e-mail or by another appropriate means of electronic
communication. We may also impose limits on certain features and services or restrict your
access to parts or all of the Services without notice or liability. While we will timely provide
notice of modifications, it is also your responsibility to check these Terms of Service
periodically for changes. Your continued use of the Services following notification of any
changes to these Terms of Service constitutes acceptance of those changes, which will apply to
your continued use of the Services going forward. Your use of the Services is subject to the
Terms of Service in effect at the time of such use.
- Entire Agreement and Severability. These Terms of Service (including, for
entire agreement between you and us with respect to the Services, including use of the Site,
and supersede all prior or contemporaneous communications and proposals (whether oral,
written or electronic) between you and us with respect to the Services. If any provision of
these Terms of Service is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that these Terms of Service will
otherwise remain in full force and effect and enforceable. The failure of either party to
exercise in any respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder.
- Force Majeure. We shall not be liable for any failure to perform our
obligations hereunder where such failure results from any cause beyond our reasonable
control, including, without limitation, mechanical, electronic or communications failure or
- Assignment. These Terms of Service are personal to you, and are not
assignable, transferable or sublicensable by you except with our prior written consent. We
may assign, transfer or delegate any of our rights and obligations hereunder without
- Agency. No agency, partnership, joint venture, or employment relationship
is created as a result of these Terms of Service and neither party has any authority of any
kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Terms of Service, all notices
under these Terms of Service will be in writing and will be deemed to have been duly given
when received, if personally delivered or sent by certified or registered mail, return
receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or
e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight
delivery service. Electronic notices should be sent to firstname.lastname@example.org.
- No Waiver. Our failure to enforce any part of these Terms of Service shall
not constitute a waiver of our right to later enforce that or any other part of these Terms
of Service. Waiver of compliance in any particular instance does not mean that we will waive
compliance in the future. In order for any waiver of compliance with these Terms of Service
to be binding, we must provide you with written notice of such waiver through one of our
- Headings. The section and paragraph headings in these Terms of Service are
for convenience only and shall not affect their interpretation.