This Agreement applies to Preciate.org and the Preciate app for iOS, the Preciate app for Android, the Preciate app for Slack, and the Preciate app for Microsoft Teams.
“Services” under this Contract are defined as the ability to send and receive recognitions and validations, set reminder notifications, apply stickers, view your own and others’ recognitions, view the recognitions you have participated in, and upload of your contacts to use in the system. This Agreement applies to both Registered Members, (individuals who have created a profile on any of the Preciate apps) as well as Non-registered Members (individuals or entities who engage with our websites or apps but have not created a profile on Preciate, the Preciate apps for smartphone or the Preciate app for Slack or Microsoft Teams).
You are entering into this Contract with Preciate, Inc. which is a Delaware Corporation based in Dallas, Texas. Preciate’s services are offered individuals, companies, and organizations within countries we have activated for service. Preciate, Inc. is the controller of the personal data provided to Preciate, Inc. through any of its websites, feedback channels and within the Preciate apps.
To use Preciate’s Services, you agree that you have not been banned or restricted from using the Preciate App or any of its Services and you are the older of 16 years or the minimum age of local law which would allow Preciate to lawfully provide its Services to you without parental consent. This is inclusive of the use of personal information. Additionally, creating a profile on behalf of others or creating accounts with false information is strictly forbidden.
Registered Members have portraits on Preciate. You agree that you are responsible for activity on your portrait unless you contact Preciate and report fraud or close your account. You further agree that to help ensure the safety of your portrait, you will choose a strong password which you will not share with others. Additionally, you will not transfer any part of your account whether to another individual or to an entity.
Preciate allows you to review the recognitions you have both sent and received as well as the validations you have both sent and requested. If you have configured your Preciate account to be public, your recognition badges, whether sent or received, are made public to be seen by Registered Members, Non-registered Members and Preciate staff. Recognitions and validations provided by you may be kept private at the recipient’s full discretion. Once you have given a badge or sent free text, you acknowledge that you have no right of ownership to the content.
You agree that you will only provide content, whether about yourself or others, that is truthful and you will not provide content that will violate the privacy of others or the intellectual property rights of any individual, company, organization, institution or entity.
Preciate reserves the right to remove any content it deems, at its sole discretion, objectionable or harmful to another individual or the Preciate network.
Preciate reserves the right to reformat or translate any information on the platform.
While you own the content of your portrait and the content you submit, you do not own the content that you create about others. You grant Preciate and our affiliates a worldwide non-exclusive, transferable license to use, copy, distribute, publish and analyze your content and any content you provide to the application (whether or not you own it) without compensation or further notice.
That said, there are limitations to these licenses as follows:
You may end the license for any recognition about you by making it private on the platform. You can also set all recognitions to be private.
You may close your account at any time by contacting firstname.lastname@example.org, however this exception is null and void where (1) the content was already accessed by a third party and (2) the content retention is required for compliance or legal reasons.
Any feedback or communication you have with Preciate may be recorded and you agree that it may be shared with others without any consideration or compensation to you.
You acknowledge that Preciate may change or discontinue any of its Services at any time and Preciate further does not guarantee the storage of your information or the continued display of your information, your profile or your record of achievements. Preciate is not obligated, except to the extent required by law, to provide you with a copy of the content that you or others provide.
You agree that Preciate is not responsible for others’ content or information and Preciate is not always able to prevent bad actors within our Services. You acknowledge and agree that Preciate is not responsible for such bad actors, their actions or the results of their actions.
Preciate reserves the right to limit, suspend or terminate your use of any of its Services, including the number of recognitions you may give or receive or the number of validations you may request. Preciate reserves the right to restrict, suspend, or terminate your account entirely if Preciate believes that you may be in breach of this Contract or any applicable law or are using the Services for ill-gain or with the objective or effect of causing harm to an individual or entity.
Preciate reserves all of its intellectual property rights in the Services, logos, trademarks and content. Using the Preciate app or interacting with any of its websites does not grant you any right of ownership to our content or intellectual property including but not limited to images, animation, badges or sounds.
We will use the information and data that you and others provide, as well as information about your use of Preciate, to make recommendations for content and features that may be useful to you. Completing your profile and keeping it accurate and up-to-date, helps us to make these recommendations more relevant to you.
TO THE EXTENT ALLOWED UNDER LAW, PRECIATE AND ITS AFFILIATES (AND THOSE THAT Preciate WORKS WITH TO PROVIDE THE PRECIATE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMITTED BY LAW, PRECIATE, AND THOSE THAT PRECIATE WORKS WITH TO PROVIDE ITS SERVICES, SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF PRECIATE AND THOSE THAT PRECIATE WORKS WITH TO PROVIDE ITS SERVICES EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) ONE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) US $100.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND PRECIATE AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PRECIATE AND THOSE THAT PRECIATE WORKS WITH TO PROVIDE ITS SERVICES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and Preciate may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
You and Preciate agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Preciate both agree that all claims and disputes can be litigated only in the federal or state courts in Dallas County, Texas, USA and you and Preciate each agree to personal jurisdiction in those courts.
If a court with authority over this Contract finds any part of it unenforceable, you agree to allow the severing of that portion of the Contract and the other sections of the Contract remain in tact and in force.
This Contract is the only agreement between you and Preciate regarding the Services and supersedes all prior written or verbal agreements for the Services.
Lack of effort to enforce any section of this Contract is not a waiver of of Preciate’s right to enforce such section. You may not assign or transfer this Contract (or your Registered User status) to anyone without Preciate’s express written consent. However, you agree that Preciate may assign this Contract to its affiliates or a party that acquires Preciate, Inc. without your consent.
You agree that any legal notice must be provided to Preciate at our address at 2346 Victory Park Lane, Suite 2, Dallas, TX 75215.
You will comply in intent and action with laws applying to Internet sites and social apps including, but without limitation to privacy laws, intellectual property laws, anti-spam laws, cyber-stalking laws, export control laws, tax laws, and regulatory requirements;
You will provide only accurate, truthful information about both yourself and those you recognize and validate;
You will not mirror, frame or simulate the appearance or function of the Services whether on one of the Preciate apps, on the web, or elsewhere;
You will create only one Preciate account, it will be for yourself and you will use only your real name on your account;
You will not create an account for any other person, real or fictitious;
You will use the Services in a way which does not aim to cause harm to any individual or entity;
You warrant that you will not develop or use software or any means now invented or available in the future to reverse engineer or circumnavigate the system or tamper with the Services it provides in any way;
You warrant that you will not disable, tamper with or override any security feature within the application;
You will not disclose any information that is not yours personally to disclose. You will not reveal any personal or proprietary information of others or trade secrets of any company or entity;
You will do nothing to put an undue load on the system or any of its applications that may compromise its performance or cause Service interruption.
We provide a process in the smartphone apps and on the platform under a Registered Member’s profile where one may report content posted by other Registered Members. Alternatively, Non-registered Members may contact email@example.com to report violators of our Code of Conduct and bad actors.
Preciate may be reached by contacting through the Help function within the app or emailing firstname.lastname@example.org.