These Terms of Use outline the terms and conditions governing your use of our platform, apps, services, and website(s) (collectively referred to as the Chisquares Platform). These Terms of Use govern your access to and use of all applications on the Chisquares Platform. By accessing and using the Chisquares Platform, you are entering into a legally binding agreement with Chisquares Incorporated (referred to as "we," "us," or "our"), located in Atlanta, GA, the legal owner of the Chisquares Platform.
If you are using the Chisquares Platform on behalf of a company or another legal entity ("Company"), you agree that you have the authority to bind the entity to these terms. Additionally, by clicking on the "Log In," "Sign Up," "I Agree," "I Accept," or similar button associated with this agreement, you affirm that you have read, understood, and consent to be bound by these Terms of Use. If you are not authorized to bind the Company or disagree with these terms, do not click on the mentioned buttons, do not complete the sign-up or registration process, and do not use the Chisquares Platform.
The Chisquares Platform enables users to engage in various research-related activities, including designing, collecting, analyzing, and reporting epidemiologic data. Furthermore, Chisquares Incorporated offers training and webinars as part of the Chisquares University.
You have the right to access and utilize the Chisquares Platform as it currently exists, and Chisquares Incorporated is not obligated to update, enhance, maintain, or make the platform available beyond its current state. Additionally, Chisquares Incorporated reserves the right to periodically update, modify, revise, replace, refuse access to, suspend, or discontinue the Chisquares Platform, either temporarily or permanently, in whole or in part, with or without prior notice. These changes will become effective once they are posted on our website or directly communicated to you, unless stated otherwise. Chisquares Incorporated shall not be held liable to you or any third party for any updates, modifications, revisions, replacements, price changes, suspensions, refusals of access, or discontinuations of the Chisquares Platform, nor for any impact on your applications, analyses, data, or information.
To utilize the Chisquares Platform, it is essential to complete the sign-up process and become a registered User. By doing so, you acknowledge and agree to the following terms:
Chisquares Incorporated allows you to use the Chisquares Platform without charge, as set forth under the free plan entitlements applicable to the Chisquares Platform (the “Free Plan”). One person may not maintain more than one free account on the Chisquares Platform.
Chisquares Incorporated also offers paid plans under which you would be entitled to additional features and capabilities, subject to your payment of the applicable fees to Chisquares Incorporated when you place your order for a paid plan (a “Paid Plan”). Paid Plans may have additional features and functionality that are not available to you under the Free Plan as described in the plan entitlements applicable to your plan.
By using or purchasing any service from Chisquares Incorporated, you acknowledge your agreement to pay all applicable fees, including overage fees, as per the pricing and payment terms provided to you for that specific service at the time of your purchase.
All fees for Paid Plans are inclusive of taxes. "Taxes" means any sales, use, GST, value-added, withholding, or similar taxes, customs, and any customs duties, charges, fees, or levies, whether domestic or foreign, excluding taxes based on the income, employees, or property of Chisquares. The total amount payable by you includes all applicable Taxes, and no additional payment for Taxes is required.
All paid plan purchases are final, and no refund will be given for unused portions of your initial or any renewal paid plan subscription period.
Please review your order carefully before completing your purchase.
If you experience issues with our services, we will work to resolve them but cannot provide refunds.
For any questions regarding this policy, please contact us at support@chisquares.com.
If you upgrade from the Free Plan to any Paid Plan, we will immediately bill you using the credit card you have provided.
For monthly payment plans, the Chisquares Platform is billed in advance on a monthly basis and is non- refundable. For annual payment plans, the Chisquares Platform is billed in advance on an annual basis and is non-refundable. Unless otherwise provided in your order for the Chisquares Platform, all paid plans will automatically renew for successive monthly or annual periods, as applicable, unless you cancel your account prior to the renewal date.
Chisquares Incorporated will prorate subscription changes. If a subscription is upgraded or downgraded during a period, the prorated additional charges will be invoiced and charged immediately. Any prorated credits will be applied to future invoices. For subscription changes between different intervals, the billing cycle will be reset when the subscription is changed. Note that if we charge for the new plan and that payment fails, the plan change will not go into effect.
Prices of all Paid Plans are subject to change upon 30 days notice from us; provided, however, that if you are currently a Paid Plan subscriber, we will honor your existing Paid Plan price for the greater of the remainder of your subscription period or 90 days from the date of our notice. Such notice may be provided at any time by posting the changes to the website for the Chisquares Platform.
Acceptable Use Policy. Customers shall not:
Subject to your compliance with all obligations outlined in this Agreement, we hereby grant you a limited, revocable, nonexclusive, non-assignable, and non-sublicensable right to access and utilize the Chisquares Platform. This right may be exercised solely through a generally available web browser, mobile device, or application, excluding any methods such as scraping, spidering, crawling, or other technologies or software employed to access data without the explicit written consent of Chisquares Incorporated. Your access and usage of the Chisquares Platform must adhere to these Terms of Use, the Acceptable Use Policy, and any usage limitations specific to the Chisquares Platform plan you have subscribed to. Any unauthorized use of the Chisquares Platform is strictly prohibited and will be considered a violation of the Terms of Use. We retain all rights that are not expressly granted in this agreement.
It is your utmost responsibility to safeguard the password that grants you access to the Chisquares Platform. By agreeing to the following terms, you acknowledge and commit to the following:
You are accountable for preserving, safeguarding, and creating backups of your Content. To the fullest extent permissible under applicable laws, Chisquares Incorporated will not bear responsibility for any inability to store, loss of, or damage to your Content.
You are accountable for preserving, safeguarding, and creating backups of your Content. To the fullest extent permissible under applicable laws, Chisquares Incorporated will not bear responsibility for any inability to store, loss of, or damage to your Content.
You are solely responsible for properly cancelling your account. You may cancel or downgrade your Paid Plan account by visiting your “Account” page and selecting “Downgrade” or “Cancel”. Cancellation of a Paid Plan will downgrade your account to the Free Plan. The cancellation or downgrade of a Paid Plan will go into effect immediately. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, cancellation refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. Cancellation of your Free Plan will result in the deletion of all information and data from your account within 30 days, and such information and data cannot be recovered after cancellation of your Free Plan.
Chisquares Incorporated periodically sends notifications to the email address linked to your account. For the purpose of sending service messages and notices about the Chisquares Platform to you, you agree that Chisquares Incorporated may notify you via the email address associated with your account, even if we have other contact information. You also agree that Chisquares Incorporated may communicate with you through your Chisquares account or through other means, including email, mobile number, telephone, or delivery services, including the US Postal Service. It is essential to ensure that your email address, as well as any relevant contact and payment details associated with your account, remain up-to-date and accurate. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Chisquares Platform.
We understand that when you provide us with your Content, you are entrusting us to handle it appropriately. Chisquares Incorporated's Privacy Policy, along with any privacy notices specific to our services, outlines how we manage your Content that qualifies as Personal Data (defined as information concerning a living individual who can be reasonably identified, either on its own or in conjunction with other information). We commit to following these Chisquares Incorporated privacy notices. By the same token, you agree that Chisquares Incorporated may utilize and share your Content in alignment with the Chisquares Incorporated privacy notices and relevant data protection regulations. Furthermore, you acknowledge your responsibility to inform these third parties about the Chisquares Incorporated privacy notices.
Chisquares Incorporated will regard your Content as confidential and will utilize and reveal it solely in line with these Terms (including the privacy notifications of Chisquares Incorporated). Nevertheless, your Content will not be deemed confidential under these circumstances: (a) it becomes publicly accessible (excluding instances of Chisquares Incorporated violating these Terms); (b) Chisquares Incorporated was already aware of it legally before obtaining it from you; (c) Chisquares Incorporated receives it from a third party without being privy to any breach of obligations to you; (d) it's shared in the context of your account being identified as a business-owned account by you or transferred to an organization's Enterprise account, given that your account was registered using a work email address within that organization; or (e) Chisquares Incorporated independently develops it without any reference to your Content. Chisquares Incorporated might reveal your Content as required by law or legal proceedings, though only after Chisquares Incorporated, if law allows, expends commercially reasonable efforts to apprise you in order to provide you with the chance to contest the necessity for disclosure.
By using the Chisquares Platform, you represent and warrant that (i) you are in compliance with these Terms of Use, (ii) you own or otherwise have all rights and permissions necessary to submit to Chisquares and the Chisquares Platform your data and any analyses, or other information that you submit to the Chisquares Platform and to share and license the right to access and use your application to users, as applicable, and (iii) Your Application and any analyses, data, or other information that you submit to the Chisquares Platform does not violate, misappropriate or infringe the intellectual property rights of any third party and is not in violation of any contractual restrictions or other third party rights. If you have any doubts about whether you have the legal right to submit, share, or license your data and any analyses or other information, you should not submit your data or any analyses or other information to the Chisquares Platform. You may remove your data from the Chisquares Platform at any time, or if the Chisquares Platform does not include a feature that permits you to remove your data, you may request that Chisquares remove your data or information at any time by contacting Chisquares Platform support at info@chisquares.com.
If you choose to, you can share your data and any analyses or other information that you submit to the Chisquares Platform with the general public or with specific individuals or Users you select, to the extent the Chisquares Platform supports such functionality. If you decide to share your data and/or any analyses or other information that you submit to the Chisquares Platform, you are giving certain legal rights, as explained below, to those individuals to whom you have given access. Chisquares has no responsibility to enforce, police, or aid you in enforcing or policing the terms of the license(s) or permission(s) you have chosen to offer. Chisquares is not responsible for the misuse or misappropriation of your data and /or any analyses or other information that you submit to the Chisquares platform by third parties.
Chisquares Incorporated processes personal data provided in connection with the creation of a user account with respect to users of the Chisquares Platform and personal data related to the use of the Chisquares Platform. These personal data are processed by Chisquares Incorporated as a controller in order to enable the users to use the Chisquares Platform. Detailed information, including the data subject's rights, is provided in the Privacy statement.
It is important for you to be aware that we rely on third-party vendors and hosting partners to supply the necessary hardware, software, networking, storage, and related technology required to operate the service. You also understand that the technical processing and transmission of the Chisquares Platform, including Your Applications, your analyses, and any data or information you provide or store within the Chisquares Platform or any application accessible through it, may occur without encryption and involve (a) transfers across different networks and (b) alterations to conform and adapt to the technical demands of connecting networks or devices.
We integrate third-party services such as Tango, Facebook, LinkedIn, WhatsApp, and Gmail. Use of these integrations does not imply partnership or endorsement.
Chisquares may offer the use of an additional artificial intelligence (AI) feature within the Software. Chisquares offers the inclusion of the AI software manufactured and operated by OpenAI, L.L.C., 3180 18th Street, San Francisco, CA 94110 ("OpenAI"). The use of Chisquares’ OpenAI service is subject to Chisquares discretion, OpenAI’s availability, to restrictions imposed by OpenAI and described in OpenAI’s then current Terms of Use as can be found on https://openai.com/policies/terms-of-use. In particular, Chisquares’s services are subject to OpenAI's country restrictions and may not be used in countries not permitted. Here is a list of Allowed regions. Chisquares does not assume any responsibility for the use of OpenAI’s software and services.
The Customer is solely responsible for complying with all OpenAI conditions and all applicable laws and regulations. The Customer is aware and accepts that it is possible that no results are delivered due to a connection failure or an overload of the OpenAI servers. Chisquares does not assume any form of liability for the accuracy or performance of the OpenAI software or other OpenAI services. Chisquares does not guarantee a minimum level of availability of the OpenAI software and services, but the customer is solely responsible for checking OpenAI’s availability. Customers are prohibited from using the AI feature to process personal data falling within the scope of the General Data Protection Regulation (GDPR).
Chisquares reserves the right to offer the use of OpenAI software free of charge to their customers at Chisquares’ discretion. In the event that the free use has expired or is not available, the customer may have the option to purchase additional usage of the OpenAI software. In this case, Chisquares shall have the right to charge (additional) fees for the use of this AI feature in compliance with the then current price list that might be amended from time to time. The paid usage of the AI feature will be calculated based on Credit-Points (“AI Credits”). How many AI Credits are required for a specific analysis or usage of the AI feature is dependent on the language and structure of the text. Credits can be acquired in accordance with the then current price list and the conversion rate can be requested from Chisquares.
Chisquares does not offer refunds for services that cannot be used due to OpenAI restrictions and/or for the results of any use of software and services offered by OpenAI.
If you access or use any of the applications that are submitted or otherwise made available by other Users or by Chisquares through the Chisquares Platform, including without limitation any R, Python, or similar packages made accessible or available through the Chisquares Platform, you acknowledge and agree that your use of such applications is subject to any license terms, terms of use, or other permissions granted by the licensor of the application. You further agree to comply with these terms. You also acknowledge and agree that Chisquares does not have an obligation to monitor or verify the accuracy or reliability of third-party R, Python, or similar packages used on the Chisquares Platform. Chisquares disclaims all responsibility and liability for your use of applications made available to you through the Chisquares Platform, including without limitation the accuracy, completeness, appropriateness, legality, security, availability, or applicability of the applications. By using such applications, you hereby waive any and all legal or equitable rights or remedies you may have against Chisquares with respect to the applications that you may download, share, access, or use.
If you choose to upload data to an application you are using via the Chisquares Platform, you acknowledge and agree that you are granting certain legal rights to the licensor of the application to process and otherwise use your data. It's important to carefully review any license terms accompanying the application to which you submit your data to understand the legal rights you are granting to the application licensor. Furthermore, Chisquares does not claim ownership of your data; however, you hereby grant Chisquares a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and non-exclusive license, as applicable, to use and copy your data. This license permits Chisquares and its third-party hosting provider to make your data available to the application (and the licensor of such application) to which you have submitted your data.
You also acknowledge and agree that even if you remove your data from the Chisquares Platform, your data may have been downloaded by, and remain accessible to, the licensors of those applications to which you submitted your data. Therefore, you should avoid submitting data that you consider confidential or wish to restrict access to or use of. It's important to note that you should never submit personally identifiable information, credit card information, or protected health information to the Chisquares Platform, as defined by relevant laws, rules, and regulations.
Chisquares Incorporated is not responsible for the confidentiality, availability, security, loss, misuse, or misappropriation of any data you submit to the Chisquares platform, or any application made available via the Chisquares platform.
If you violate any of these Terms of Use or the Acceptable Use Policy, your permission to use the Chisquares Platform will automatically terminate, and Chisquares Incorporated may disable your account. Chisquares Incorporated reserves the right to revoke your access to and use of the Chisquares Platform at any time, with or without cause, and with or without notice.
Chisquares, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Chisquares Platform for any reason at any time. Such termination of the Chisquares Platform will result in the deactivation or deletion of your account, your access to your account, and the deletion of all information and data in your account. Chisquares Incorporated reserves the right to refuse service to anyone for any reason at any time.
You have the option to terminate your Subscription and/or close your account whenever you choose by accessing your account management page. When you decide to close your account, your Subscription will automatically be canceled, leading to the termination of your Services. Following this, you won't be able to access your account for utilizing the Services, and your Content will be removed following our data retention policy and these Terms of Use. You can request a copy of your Content from the applicable Service(s) prior to closing your account, in accordance with relevant laws and policies.
Upon account closure, we will furnish you with confirmation of account closure and Subscription cancellation. Subsequently, you will not be billed again for that Subscription unless you create a new account and initiate a new Subscription purchase.
In cases where you decide to cancel a Subscription midway through a billing cycle, refunds will not be issued unless the cancellation falls under any of the following circumstances: (a) we have substantially violated these Terms and haven't rectified the breach within 30 days after you've informed us in writing; (b) a refund is mandated by applicable law; or (c) we, at our sole discretion, consider a refund to be appropriate. It's important to clarify that refunds won't be provided if you've utilized our Services, gathered responses, and/or downloaded your responses, unless the termination stems from our significant, unresolved breach or is required by law.
This Section 11.1 does not nullify or restrict any rights you may have as a consumer in your country of residence. As an example, if you qualify as a consumer within the European Union, you might possess specific rights for refunds and withdrawals, as outlined in our European Union Subscription Cancellation Policy. Additionally, you could be entitled to a refund or the right to terminate in accordance with the EU Legal Warranty.
You must comply with all applicable laws, rules, regulations, and guidelines, and you further agree not to do any of the following:
You will only upload, post, submit, or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity). Chisquares Incorporated has adopted and implemented a policy that permits the deletion of files that violate this policy, and will terminate the accounts of Users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
In no event will Chisquares Incorporated be liable to you or any third party for damages of any kind, including, without limitation, direct, special, exemplary, incidental, indirect, punitive, or consequential damages (including loss of use, goodwill, data, revenue, business, or profits or other pecuniary damages) arising out of or in connection with the Chisquares Platform and/or software applications, data, and information made available through the Chisquares Platform, including, without limitation, resulting from: (i) the use or inability to use the Chisquares Platform or any software applications, analyses, data, and information made available through the Chisquares Platform; (ii) any error or defect in the Chisquares Platform or software applications made available through the Chisquares Platform; (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Chisquares Platform; (iv) unauthorized access to, use of, or alteration of your transmissions or data or for any loss of data; (v) statements or conduct of any user or third party on the Chisquares Platform; (vi) or any other matter relating to the Chisquares Platform or the software applications, data, and information made available through the Chisquares Platform, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, or any other legal theory, whether or not Chisquares Incorporated has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.
You specifically acknowledge that Chisquares Incorporated is not liable for the defamatory, offensive, infringing, harmful, or illegal conduct of other users or third parties, and that the risk of injury from the foregoing rests entirely with you. Further, Chisquares Incorporated will have no liability to you or any third party for any applications or other data or information uploaded onto, downloaded, or through the service, or if your applications, data, or information are lost, corrupted, or exposed to unintended third parties.
You agree that the total aggregate liability of Chisquares Incorporated to you for any and all claims arising from the use of the Chisquares Platform, and any applications, analyses, content, or data made available through the Chisquares Platform, is limited to the greater of (x) the total amount paid by you to Chisquares Incorporated for the use of the Chisquares Platform to which the claim relates in the twelve months immediately preceding the date the cause of action arose and (y) one hundred ($100) U.S. Dollars.
The Chisquares Platform, including all applications and provided content and information, is provided "as-is" and without warranty. Your access to and use of the Chisquares Platform is at your own risk. Chisquares Incorporated disclaims all liability for and is not responsible for any harm to your computer system, loss or corruption of data, or other harm resulting from your access to or use of the Chisquares Platform or any software applications or data made available through the Chisquares Platform.
Without limiting the foregoing, Chisquares Incorporated explicitly disclaims any and all warranties of title, merchantability, fitness for a particular purpose, and non-infringement of third-party rights. Additionally, any warranties arising out of course of dealing or usage of trade are disclaimed. You acknowledge that use of the Chisquares Platform may result in unexpected results, loss or corruption of data or communications, project delays, other unpredictable damage or loss, or exposure of your data or information to unintended third parties.
Chisquares Incorporated makes no warranty that the Chisquares Platform will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis. Furthermore, Chisquares Incorporated does not warrant that the results obtained from the use of the Chisquares Platform will be accurate or reliable, nor does it warrant that any errors in the Chisquares Platform will be corrected.
Chisquares Incorporated makes no warranty regarding the quality or legality of any software applications or information or data obtained or used through the Chisquares Platform. It does not guarantee that the foregoing will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis, nor does it guarantee that the results obtained from your use of the foregoing will be accurate or reliable, or that any errors in the foregoing will be corrected. No advice or information, whether oral or written, obtained from Chisquares Incorporated or through the Chisquares website or service, will create any warranty not expressly made herein.
Please be aware that some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers. Consequently, the contents of this section may not apply to you.
The foregoing disclaimers shall remain in effect even after the termination or expiration of these Terms of Use.
You agree to indemnify and hold the platform harmless from any claims, damages, losses, or liabilities that may arise due to your use of the platform, violation of the Terms of Use, or infringement of any rights.
You agree to defend (at Chisquares Incorporated's request), indemnify, and hold Chisquares Incorporated, its officers, directors, employees, agents, users, and third-party providers harmless from and against any claims, demands, suits, proceedings, investigations, damages, losses, costs, expenses, and any and all other liabilities, including, without limitation, reasonable attorneys’ fees, expenses, and costs, arising out of or in any way connected with:
You acknowledge that the content you generate on the platform remains under your ownership. However, when using our preprint service, it is important to note that the material you publish as a preprint has not undergone peer review. By selecting the appropriate license for your preprint, you determine how the material will be used by the public. Please review the following license options carefully:
Furthermore, please be aware that when you choose to publish your preprint on Chisquares, it is a fast and free process, with publication taking only days. This publication does not impact your ability to submit your work to journals. You can check the corresponding box to confirm your choice or click 'Skip pre-prints' to proceed to journal selection.
Additionally, we provide an option to submit your work to partner journals. However, it is important to clarify that listing these journals does not imply our endorsement or affiliation with them. The final copyright status of your work, when submitted to these third-party journals, is subject to their respective policies. We have no control over the outcome of copyright agreements with these journals.
By using our platform, you agree to the terms specified in this section and acknowledge the significance of your choices when publishing preprints.
The Community Grounds are intended to provide you with a platform for asking questions, providing responses, sharing your thoughts and viewpoints. Information on the Community Grounds is contributed by our team and various participants, including some who use anonymous screen names and are not directly affiliated with us. It's important to recognize that the Community Grounds host a substantial amount of information, and individuals engaging in these discussions may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, or deceptive. Chisquares Incorporated neither endorses nor assumes responsibility for such messages or statements, or for any opinions, advice, information, or other expressions made or displayed on the Site or Community Grounds by third parties. The opinions expressed in the Community Grounds solely represent the views of the participants and may not reflect Chisquares Incorporated's stance. Chisquares Incorporated is not accountable for any errors or omissions in postings in the Community Grounds, including hyperlinks contained in messages, or for any outcomes resulting from the utilization of such information. Under no circumstances will Chisquares Incorporated or its affiliates be liable for any losses or damages arising from your reliance on such information obtained through the Community Grounds.
Chisquares Incorporated is not obligated to actively monitor the Community Grounds or any Submissions or other materials that you or other third parties transmit or post in the Community Grounds. You acknowledge and consent to Chisquares Incorporated's right (though not an obligation) to oversee the Community Grounds and the materials you transmit or post; to modify or remove any such materials (including, but not limited to, any posts in a Community Ground); to divulge such materials and the circumstances surrounding their transmission to third parties when necessary for proper Site operation; to safeguard Chisquares Incorporated and its visitors; and to adhere to legal requirements or government requests.
Please note that Chisquares Incorporated may periodically update these Terms of Use to reflect changes to the Chisquares Platform. We will notify you of any changes by posting an updated version on the Chisquares Platform and revising the "Last Updated" date provided above. We encourage you to review these Terms of Use periodically to stay informed about your rights and obligations, as well as Chisquares Incorporated's obligations regarding the Chisquares Platform. By continuing to use the Chisquares Platform after receiving a notice of changes or seeing the updated terms on the platform, you consent to the modified terms and practices.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief or to enjoin or restrain the operation of the Chisquares Platform.
You may not assign or delegate any rights or obligations under these Terms of Use without our consent. Any purported assignment or delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially, without notice to you.
Your use of the Chisquares Platform, including our software, is subject to export and re-export control laws and regulations, including the United States Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving products of US origin, including services or software.
You agree that the Terms of Use and all policies, terms, and other documents referenced herein or applicable to your use of the Chisquares Platform constitute the entire, complete, and exclusive agreement between you and us regarding the Chisquares Platform and supersede all prior and contemporaneous agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter hereof. You agree that any varying or additional terms contained in any purchase order or other written notification, or document issued by you in relation to the Chisquares Platform shall be of no effect, and all such terms or conditions shall be null and void. You acknowledge and agree that your agreement hereunder is not contingent upon the delivery of any future functionality or features not specified herein or dependent upon any oral or written, public or private, comments made by Chisquares Incorporated with respect to future functionality or features for the Chisquares Platform. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Chisquares Platforms or applications, third-party content, or third-party software.
You agree that the governing law of the Terms of Use is the state of Georgia, United States. You also agree that any disputes related to the Terms of Use will be subject to the exclusive jurisdiction of the courts in the state of Georgia, United States.
If you violate any of these Terms of Use or the Acceptable Use Policy, your permission to use the Chisquares Platform will automatically terminate, and Chisquares Incorporated may disable your account. Chisquares Incorporated reserves the right to revoke your access to and use of the Chisquares Platform at any time, with or without cause, and with or without notice.
The Chisquares Platform and its documentation are “Commercial item,” “Commercial computer software” and “Computer software documentation” as defined by the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFARS”). Pursuant to FAR 12.211, FAR 12.212, DFARS, 227.7202-1 through 227.7202-4, and their successors, the U.S. Government acquires the right to use the Chisquares Platform and its documentation subject to the terms of this Agreement.
The foregoing General Terms shall survive any termination or expiration of these Terms of Use. BY USING OUR PLATFORM AND SERVICES, YOU AGREE TO ABIDE BY THESE TERMS OF USE. For any questions or concerns about our Terms of Use, please contact us using the details below.
Chisquares Incorporated
Address: 7000 Central Parkway | Ste. 1100 | Atlanta, GA 30328
Website: www.chisquares.com
Email: info@chisquares.com
Office: 470.300.95928
Fax: 404.999.6357
https://www.facebook.com/chisquares/You agree that the governing law of the Terms of Use is the state of Georgia, United States. You also agree that any disputes related to the Terms of Use will be subject to the exclusive jurisdiction of the courts in the state of Georgia, United States.
This Data Processing Agreement ("Agreement") is entered into by and between the Customer and Chisquares Incorporated, a company registered under the laws of Atlanta, GA, US, acting as the "Data Controller" and "Data Processor".
This Agreement defines the terms and conditions governing the processing of personal data by Chisquares Incorporated, acting as the "Data Controller" or "Data Processor" as appropriate, depending on the specific data processing activity.
2.1 As defined in the GDPR:
2.2 “Data Protection Legislation” means:
2.3 The terms "controller", "data protection impact assessment", “process”, “processing”, “processor”, "supervisory authority" have the same meanings as in the GDPR or the UK GDPR.
2.4 The terms “Business”, “Business Purpose(s)”, “Commercial Purpose(s)”, “Personal Information”,
2.5 “Service Provider”, “Sell”, and “Share” have the same meanings as defined in the CCPA.
2.6 "Personal Data" refers to information pertaining to a living individual who can reasonably be identified from the information itself or in conjunction with other data, known as a "Data Subject."
2.7 "Services" denotes the services requested by the Customer from Chisquares Incorporated under the terms of the Agreement.
2.8 The "SCCs" or "Standard Contractual Clauses" are those specified in the European Commission Decision either dated 4 June 2021, relating to the transfer of personal data to third countries in accordance with the GDPR, or dated 5 February 2010, concerning the transfer of Customer Personal Data to Processors in Third Countries under Directive 95/46/EC. In cases where the FADP/nFADP applies, all references within the SCCs should be interpreted as equivalent references within the FADP/nFADP, with definitions aligned accordingly.
2.9 The "UK Addendum" comprises either:
The "UK GDPR" refers to the EU GDPR as it has been adopted into the laws of England and Wales, Scotland, and Northern Ireland through section 3 of the European Union (Withdrawal) Act 2018. This adoption has been further amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 and 2020, along with any subsequent legislation applicable in the United Kingdom that may amend or replace the UK GDPR.
2.10 The term "Agreement" signifies any contract entered into between Chisquares Incorporated and a customer, encompassing the provision of Services. This agreement may take on different titles, including but not limited to "Order Form," "Sales Order," "Terms of Use," or "Master or Governing Services Agreement," among others.
2.11 Article 28” means article 28 of GDPR and the UK GDPR as applicable to the processing of Customer Personal Data.
2.12 Customer Data” means any content, materials, data, and information that Authorized Users enter or collect into the production system of a Cloud Service or that Customer derives from its use of and stores in the Cloud Service. Customer Data and its derivatives will not include Chisquares Incorporated’s Confidential Information.
2.13 In relation to CCPA, if applicable, Chisquares Incorporated and the Customer mutually acknowledge that Chisquares Incorporated functions as a "Service Provider," while the Customer assumes the role of the "Business" in relation to Personal Information.
The parties agree that the purpose and nature of the processing of Customer Personal Data, the types of personal data and categories of data subjects are as follows:
Chisquares Incorporated may process Customer Personal Data as necessary to technically perform the Services, including where applicable:
The Customer may submit Customer Personal Data to the Services, and may request for the Customer’s respondents to submit personal data to the Services, the extent of which is determined and controlled by the Customer in its sole discretion, and which may include, without limitation:
Chisquares shall cooperate in responding to requests from data subjects to exercise their rights under the GDPR, including the right to access, rectification, erasure, and data portability, as appropriate to their respective roles.
Chisquares Incorporated will promptly notify Customer upon becoming aware of any Personal Data Breach and will provide relevant information within its possession to assist Customer in fulfilling its obligations to report such breaches as required by Data Protection Laws. Chisquares Incorporated may provide this information incrementally as it becomes available. Such notification will not be construed as an acknowledgment of fault or liability by Chisquares Incorporated.
Chisquares Incorporated may have the right to conduct audits or inspections of the Data Processor's data processing activities to ensure compliance with GDPR requirements.
(a) The Customer is entitled to perform an audit once per subscription year unless mandated by legal requirements or by a regulatory authority with established jurisdiction over the Customer, necessitating the execution of more than one audit within the same year. In such cases, the Customer and Chisquares Incorporated will mutually agree upon a reasonable reimbursement rate for Chisquares Incorporated's audit-related expenses in advance of any additional audits.
(b) Chisquares Incorporated commits to furnishing evidence of its certifications and compliance standards, subject to appropriate and reasonable confidentiality constraints. Upon request, Chisquares Incorporated will also provide the Customer with an executive summary of its most recent annual penetration tests. This summary will encompass any remedial actions taken by Chisquares Incorporated in response to the findings of these penetration tests.
(c) The audit scope will be confined to Chisquares Incorporated’s systems, processes, and documentation directly related to the processing and safeguarding of Customer Personal Data. Auditors will conduct these audits while adhering to any reasonable and appropriate confidentiality restrictions stipulated by Chisquares Incorporated.
(d) The Customer will promptly inform Chisquares Incorporated and share full details of any identified non-compliance or security concerns encountered during the audit.
(a) The SCCs (Standard Contractual Clauses).
(b) For transfers subject to the UK GDPR, the UK Addendum.
(c) Any other suitable safeguards or derogations permitted under the Data Protection Legislation to the extent appropriate.
(a) When Customer contracts with Chisquares Incorporated in the United States under the Agreement for Services, acts as a data controller of Customer Personal Data, and transfers that data from the EEA to locations without adequate protection levels determined by the European Commission, Chisquares Incorporated enters into the SCCs as a data importer, and the Customer enters into the SCCs as a data exporter, with Module Two of the SCCs applying.
(b) When Customer contracts with Chisquares Incorporated in the United States under the Agreement for Services, acts as a data processor of Customer Personal Data, and transfers that data from the EEA to locations without adequate protection levels determined by the European Commission, Chisquares Incorporated enters into the SCCs as a data importer, and the Customer enters into the SCCs as a data exporter, with Module Three of the SCCs applying.
(c) When Customer, not residing in the EEA, contracts with Chisquares Incorporated Europe UC to store Customer Personal Data within the EEA under the Agreement, acts as a data controller of Customer Personal Data, and transfers that data from the EEA to locations without adequate protection levels determined by the European Commission, Chisquares Incorporated enters into the SCCs as a data exporter, and the Customer enters into the SCCs as a data importer, with Module Four of the SCCs applying.
(d) The optional docking clause applies in Clause 7.
(e) The optional language does not apply in Clause 11.
(f) The SCCs are governed by Irish law in Clause 17.
(g) Disputes are resolved before the courts of Ireland in Clause 18.
(h) Annex I and II of the SCCs are completed with the information in the Agreement and the Appendices to this DPA.
(a) Any references to the GDPR in the SCCs are interpreted as references to the FADP/nFADP.
(b) References to "EU," "Union," and "Member State law" are interpreted as references to Switzerland and Swiss law.
(c) References to the "competent supervisory authority" and "competent courts" are interpreted as references to the relevant data protection authority and courts in Switzerland, unless the SCCs, implemented as described above, cannot lawfully transfer such Customer Personal Data in compliance with the FADP/nFADP. In such cases, the Swiss SCCs shall be incorporated by reference, forming an integral part of this DPA and applying to such transfers. The interpretive provisions in this Section apply as required for compliance with the FADP/nFADP.
Chisquares Incorporated is not currently engaged in sub-processing activities. However, in the event that sub-processing becomes applicable in the future, Chisquares Incorporated will adhere to the following procedures, subject to compliance with the requirements outlined in this Section:
(a) furnish Customer with a list of subcontractors involved in the processing or sub-processing of Customer Personal Data in the context of the Services ("Sub-processors"), along with a detailed description of the services offered by each Sub-processor ("Sub-processor List"). To request a copy of this Sub-processor List, you may click here;
(b) ensure that all Sub-processors listed on the Sub-processor List are contractually bound by terms that are, in all material aspects, no less stringent than those contained in this Data Processing Agreement; and
(c) accept liability for the actions and omissions of its Sub-processors to the same extent that Chisquares Incorporated would be liable if it were directly providing the services of each of these Sub-processors, as specified in the Agreement, unless otherwise specified in the Agreement.
(a) Chisquares Incorporated applies the Technical and Organizational Measures across its entire customer base hosted in the same data center or utilizing the same Cloud Service. Chisquares Incorporated reserves the right to modify the Technical and Organizational Measures at any time, without prior notice, as long as they maintain an equivalent or enhanced level of security. Specific measures may be substituted with new measures that achieve the same security level for safeguarding Personal Data.
(b) Chisquares Incorporated will release updated versions of the Technical and Organizational Measures at www.chisquares.com/terms-of-service.
The cumulative liability of each party, whether arising from a contract, negligence, breach of statutory obligation, or any other legal basis connected to this Data Processing Agreement (DPA), shall align with the terms outlined in the overarching Agreement, unless a separate written agreement has been reached between the parties.
In the event of any conflict or ambiguity between the provisions of this DPA and those contained within the Agreement, concerning matters addressed by this DPA, the terms specified herein shall take precedence. Furthermore, in cases where this DPA's provisions clash with those of the Standard Contractual Clauses, the provisions outlined in the Standard Contractual Clauses shall hold sway.
In instances of Customer's autonomous collection and processing of personal data unrelated to the Services, Customer bears full responsibility for ensuring compliance with Data Protection Legislation. Customer is obligated to furnish its own transparent and prominently displayed privacy notices, accurately delineating its procedures in this regard. It is expressly understood that Chisquares Incorporated shall not assume any liability for Customer's handling of personal data under such circumstances. Customer hereby indemnifies Chisquares Incorporated against any and all claims or liabilities arising from its collection and utilization of personal data in such instances.
The Agreement, which incorporates this DPA, along with any associated Order Forms, constitutes the comprehensive agreement between the parties and supersedes any prior or contemporaneous agreements or terms and conditions, whether written or verbal, concerning the subject matter herein. Each party acknowledges that it has not relied on any representations that are not documented in the Agreement as motivation for entering into it.
In the event that any provision of this DPA is determined to be unenforceable by a court with appropriate jurisdiction, that specific provision shall be severed, and the remaining terms shall remain in full force and effect. Nothing in this DPA is intended to, nor shall it be deemed to, establish a partnership or joint venture among any of the parties, nor authorize any party to make or enter into commitments on behalf of another party, except as explicitly provided herein.
This DPA is furnished as an electronic document.
In accordance with Data Protection Law, both parties bear the responsibility for adhering to their respective obligations related to the maintenance of records of processing. Each party commits to providing reasonable assistance to the other in fulfilling these requirements. This assistance encompasses the provision of necessary information, as reasonably requested by the other party, to facilitate compliance with such obligations. The means of cooperation, including the utilization of electronic systems, shall be mutually agreed upon to enable seamless fulfilment of these obligations by both parties.
This Agreement shall be governed by and construed in accordance with the laws of Atlanta, GA, US. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Atlanta, GA, US.
This Agreement shall be governed by and construed in accordance with the laws of Atlanta, GA, US. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Atlanta, GA, US.
This Agreement shall take effect on the date of its execution by both Parties.
Description of the technical and organizational security measures implemented by Chisquares Incorporated
Chisquares Incorporated is committed to maintaining a robust framework of technical and organizational security measures ("Security Safeguards") to ensure the protection of the security, confidentiality, and integrity of Personal Data entrusted to us for the provision of our services to our valued clients. Our comprehensive Security Safeguards encompass the following areas:
(a) Domain: Organization of Information Security
(b) Domain: Asset Management
Asset Handling:
(c) Domain: Human Resources Security
Security Training:
(d) Domain: Physical and Environmental Security
Asset Handling:
(e) Domain: Communications and Operations Management
Operational Policy: Chisquares Incorporated maintains comprehensive security documents outlining our security measures, procedures, and personnel responsibilities for those with access to Customer Data.
Incident Response Process:
Chisquares Incorporated implements processes to prevent unauthorized access to data processing equipment, including telephones, database and application servers, and related hardware. This includes:
Processes to prevent unauthorized usage of data processing systems, including:
Measures to ensure that individuals can only access data within the scope of their respective access permissions, and that Customer Personal Data cannot be read, copied, modified, or removed without authorization, include:
Procedures to prevent unauthorized reading, copying, alteration, or deletion of Customer Personal Data during transmission or data media transport, and ensuring clear documentation of data transfer recipients, include:
The responsibility for any data transfer transitions to the Customer as soon as it exits Chisquares Incorporated-controlled systems, such as when data is transmitted beyond the Chisquares Incorporated data center's firewall.
Chisquares Incorporated ensures secure storage of Customer Personal Data, including encrypted backups and storage on portable or laptop computing devices or portable storage media.
Measures to validate input and monitor data processing systems for unauthorized input, removal, or access, include:
Procedures to process data collected for different purposes separately, including:
Chisquares Incorporated maintains a program to regularly assess systems for vulnerabilities and promptly remediate any detected issues, including:
In the event of the Agreement's expiration, termination by either party, or upon request from the Customer following receipt of a request from a data subject or regulatory body, Chisquares Incorporated adheres to strict data destruction protocols, which include:
Personal Data will remain intact, complete, and current during processing activities. The following measures will be taken:
Chisquares Incorporated maintains the highest standards of data security and compliance. Our data storage solutions and locations are required to meet the minimum industry standards. For any equivalent or similar certifications or security levels, we conduct a thorough examination on a case-by-case basis to ensure they meet or exceed our stringent security criteria. This commitment underscores our dedication to protecting your data and ensuring its integrity.
Electronic Record and Signature Disclosure created on: [date; time]
Parties agreed to: [names]
Chisquares Incorporated (referred to as "we" or "the Company") may, from time to time, have legal obligations to provide you with certain written notices or disclosures. The terms and conditions for delivering such notices and disclosures electronically through your Chisquares platform account are outlined below. We kindly ask that you carefully review this information. If you find that you can access and agree to these terms and conditions electronically to your satisfaction, please confirm your agreement by clicking the "I agree" button provided below.
All records and documents provided or made available to you through the Chisquares platform will be accessible electronically. As an authorized user of the Chisquares platform, you will have the ability to download and print these documents through your Chisquares user account for a limited period (typically 30 days) after their initial availability. We do not offer paper copies of these documents for delivery from our office, and there is no associated fee for electronic access.
If you wish to receive paper copies of any notices or disclosures provided by Chisquares Incorporated, please contact us using the information provided in the "How to Contact Chisquares Incorporated" section below.
You have the right to withdraw your consent to receive electronic notices and disclosures at any time. To do so, please follow the instructions outlined in the "To Withdraw Your Consent with Chisquares Incorporated" section below. In the body of such request you must state your e-mail address, full name, account reference number, and telephone number
If you decide to withdraw your consent to receive electronic notices and disclosures, Chisquares Incorporated will provide electronic copies of any future notices or disclosures to you in accordance with your request. Please note that withdrawing your consent may affect your ability to access certain services electronically.
By agreeing to this consumer disclosure agreement, you acknowledge that all notices and disclosures required under Data Protection Legislation will be sent to you electronically, as permitted by applicable law. To minimize the risk of you unintentionally missing any notices or disclosures, we choose to deliver all necessary notices and disclosures to the same address and through the same method you have provided us.
You can reach out to us to inform us of any changes in your electronic contact preferences, request electronic copies of specific information, and withdraw your previous consent to receive electronic notices and disclosures. Please use the following contact information for these purposes: info@chisquares.com
It is your responsibility to promptly notify Chisquares Incorporated of any changes to your email address to ensure you continue to receive electronic notices and disclosures. To do so, please follow the instructions in the "How to Contact Chisquares Incorporated" section above.
To confirm that you can access information electronically, which will be consistent with other electronic notices and disclosures provided by the Chisquares platform, please verify the following:
Further, by indicating your consent to receive notices and disclosures exclusively in electronic format based on the terms and conditions described below, please acknowledge the following by clicking the "I agree" button:
By checking the "I Agree" box, I confirm that:
By acknowledging these points and clicking "I Agree," you affirm your ability and consent to receive materials electronically from the Chisquares platform.
