Cmmndr Reporting Terms of Service

(Last update: 19 September 2024)

These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the Cmmndr Reporting Services’).

The Cmmndr Reporting Services are offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, the Guidelines (as defined below) and any future modifications thereof, and procedures that may be published from time to time on the Platform or made available to you on or through the Cmmndr Reporting Services (collectively, the ‘Terms’). When accepted by you (as defined below), these Terms form a legally binding contract between you and Supplier (as defined below). If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind that entity.

Supplier may, in its sole discretion, elect to suspend or terminate access to, or use of the Cmmndr Reporting Services to anyone who violates these Terms.

Definitions:

‘Account’ means the manner in which to access and use the Cmmndr Reporting Services;

‘Content’ means any data and information available through the Cmmndr Reporting Services or contained within the structure of the Platform;

‘Cmmndr Reporting Services’ also called ‘Service’ means the system, and all content, services, and/or products available on or through the Platform;

‘Materials’ means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, organization, compilation of content, data, and all other elements of the Cmmndr Reporting Services;

‘User’ means a user of Cmmndr Reporting;

‘User Data’ means personal data, reports, analytics, and addresses, that a User of the Service stores within or connects to the Service;

‘User’s Client Data’ means personal data, reports, and addresses, pertaining to a User’s Client that a User of the Service connects to within the Service (i.e. when a User connects his/her Client’s Integration account to the User’s Cmmndr Reporting account);

‘Personal Data’ means any information relating to an identified or identifiable natural person;

‘Platform’ means the area of the Service that can be accessed only by Users, and where access requires logging in;

‘Supplier’ means Cmmndr Reporting, an entity of Kondiment Worldwide SRL, a corporation having its principal place of business at 8 Stahi Street, District 1, Bucharest, Romania.

1. Authority to enter into terms with Supplier

The use of the Cmmndr Reporting Services is subject to acceptance of these Terms. To accept these Terms for itself, a person must have the legal capacity to do so. In the case of an individual, (s)he/it must be 16 years of age to use this Service. For citizens of the European Union, the minimum age to use this service is 16. In the case of a legal entity, the entity must be duly incorporated and in good standing.

The Terms are accepted as soon as one of the following occurs first:

  • the person has received the confirmation of the creation of the Account and necessary credentials from Supplier in order to log in to his/her/its Account;
  • for those Cmmndr Reporting Services and parts of the Platform the use of which is not dependent on creating an Account, upon the moment of gaining access to such services.

Once accepted, these Terms remain effective until terminated as provided for herein.

2. Modifications to Terms

Supplier reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time by posting such changes on or through the Platform or the Cmmndr Reporting Services. Please check these Terms periodically for changes. Your continued use of the Cmmndr Reporting Services after such changes have been posted as provided above constitutes your binding acceptance of such changes.

Such amended Terms will automatically be effective upon the earlier of:

  • your continued use of the Cmmndr Reporting Services;
  • 30 days from posting of such modified Terms on or through the Platform.

Notwithstanding the foregoing, the resolution of any dispute that arises between you and Supplier will be governed by the Terms in effect at the time such dispute arose.

3. Our responsibilities

Supplier will:

  • make the Cmmndr Reporting Services and User Data and User’s Client Data available to a User pursuant to these Terms;
  • provide applicable standard support for the Cmmndr Reporting Services to User at no additional charge;
  • use commercially reasonable efforts to make the Cmmndr Reporting Services available 24 hours a day, 7 days a week, except for:
    • planned downtime (of which Supplier shall give advance electronic notice);
    • any unavailability caused by circumstances beyond Supplier’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem, Internet service provider failure or delay, or denial of service attack.

4. Using the Cmmndr Reporting Services

4.1 Establishing an Account. Many features, functions, or elements of the Cmmndr Reporting Services can be used only by holders of an Account. The person who wishes to create an Account must:

  • complete the sign-up form on the Platform;
  • accept these Terms;
  • click “Create your Account” from the invitation email.

A User may be associated with multiple Accounts. Deleting a User from one Account will not remove the User from the Platform if he/she is connected to multiple Accounts.

Any User associated with an Account must provide Supplier with true, accurate, current, and complete information about the User and Account and keep it up to date.

4.2 Termination of Account. Client may terminate his/her/its Account at any time. There are two definitions of Account termination available:

  • Account Cancellation is available in the ‘Your account’ section of the Platform. Once cancellation is confirmed by the Supplier, Cancellation will come into effect at the beginning of the next invoicing cycle. It is important to note that an Account Cancellation does not remove all data from Supplier servers.
  • Account Deletion is available by contacting Supplier at [email protected]. Upon Account Deletion confirmation, all User Data and User’s Client Data will be permanently deleted from the Service within 30 days of the effective date of termination. This information cannot be recovered.

4.3 The Cmmndr Reporting Service allows you to gather data from multiple third-party data sources and services, including various third-party websites (jointly “Third-Party Services”). The Third-Party Services from which the data can be gathered are selected by Cmmndr at its sole discretion and Cmmndr may, during the Term, change the Third-Party Services that are compatible with the Service. In addition, Cmmndr may discontinue the compatible Third-Party Services if the applicable service providers of the Third-Party Services discontinue the relevant services or discontinue making such services available to Cmmndr.

4.4 Cmmndr Reporting Services assumes no liability whatsoever for the data or other content collected from Third-Party Services, such as Facebook, Google Analytics and Google Ads or from other data sources. You are solely responsible for ascertaining that you have the right to the data provided in the data sources, and you must obtain any such consents and authorizations as may be needed from time to time in relation to such data or other content and their processing by using the Service. We do not assume any liability for such Third-Party Services and you are exclusively responsible for obtaining any necessary licenses or consents needed for their use. You must familiarize yourself with the applicable terms and conditions, including any restrictions on use, in relation to any such Third-Party Services and you agree to comply with the third-party terms and conditions applicable to the Third-Party Services in addition to the terms of the Agreement.

4.5 Furthermore, the Service may contain links to web pages and content of third parties as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over any third-party web pages or content. We undertake no responsibility to update or review any such web pages or third-party content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any web page, third-party content or service provider to which you navigate from the Service. You access and use third-party content at your own risk.

5. Intellectual property rights

5.1 ‘Cmmndr Reporting’ Intellectual Property Rights in the Cmmndr Reporting Services. The Cmmndr Reporting Services, Materials, Cmmndr brand name and product name, and any parts or elements thereof are solely and exclusively owned and operated by Supplier. Materials are protected by copyright and patent laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws. Supplier, its affiliates and licensors retain all rights, title and interest in such Cmmndr Reporting Services, Materials, Cmmndr brand name and product name, and any parts or elements. Your use of the Cmmndr Reporting Services and Materials, and any parts or elements does not grant to you any ownership rights or intellectual property rights therein. Supplier reserves all rights to the Cmmndr Reporting Services, Materials and Cmmndr brand name and product name not expressly granted in the Terms.

5.2 User data

  • Supplier may use User Data in an aggregated or anonymized format for research, educational and other similar purposes. Suppliers may not otherwise use or display User Data without User’s written consent. Supplier respects your right to exclusive ownership of your User Data. Unless specifically permitted by you, your use of the Cmmndr Reporting Services does not grant Supplier the license to use, reproduce, adapt, modify, publish or distribute the User Data created by you or stored in your Account for Supplier’s commercial, marketing or any similar purpose. User expressly grants Supplier the right to use and analyze aggregate system activity data associated with use of the Cmmndr Reporting Services by User for the purposes of optimizing, improving or enhancing the way the Cmmndr Reporting Services operate, and to create new features and functionality in connection with the Cmmndr Reporting Services in the sole discretion of Supplier.
  • User is solely responsible for its own User Data and User’s Client Data and the consequences of including them on or through the Cmmndr Reporting Service. In connection with User’s Client Data, User affirms, represents, and warrants that User either owns its User’s Client Data or has the necessary licenses, rights, consents, and permissions to use and authorize the Suppliers to display or otherwise use the User’s Client Data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your User’s Client Data in a manner consistent with the intended features of the Cmmndr Reporting Services and these Terms.

6. Governing law and jurisdiction

These Terms will be interpreted in accordance with the laws applicable in Romania (EU), without regard to its conflict-of-law provisions. You and we hereby agree, for any claim or lawsuit resulting from any reason whatsoever in relation with these Terms or the Cmmndr Reporting Services, to attorn to the Romania legislation, as the appropriate location for the hearing of said claim or lawsuit and excluding any other judicial elsewhere which might have jurisdiction with respect to any such matter.

7. Disclaimers

Unless otherwise expressly stated by Supplier, the Cmmndr Reporting Services, material, and any content, services, or features made available in conjunction with or through the Cmmndr Reporting services are provided ‘as is’ and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Supplier and its affiliates disclaim all warranties, statutory, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, correctness, accuracy, and reliability.