4Degrees Terms of Service

Introduction

We are an online network insights and management platform for professionals. People use our services to gain insights and other information and leverage opportunities about individuals and/or businesses in their professional network. Our Terms of Service apply to any of our registered users (“Members”) or non-registered users who may have limited access to 4Degrees.ai (“Visitors”), 4Degrees-branded websites and/or applications and other related services and communications with or for any of the foregoing (the or our “Services”).

Members share their professional identities, engage with their network, gain professional insights and find business opportunities. Content on some of the Services is available to Visitors on a limited feature and time basis.

Consent

If you use our Services, you consent to the collection, use and sharing of your personal data these Terms of Service and our Privacy Policy, which is a part hereof and incorporated by reference herein in its entirety.

If you use our Services, you consent to these Terms of Service.

Change

We may modify these Terms of Service, and if we make material changes to it, we will provide notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to this Terms of Service means that you are consenting to the updated Terms of Service.

If you use our Services after an update to these Terms of Service, you consent to the changed policy.

  1. 1. Introduction

    • 1.1 Terms

      You agree that by registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with 4Degrees AV Inc (even if you are using our Services on behalf of a company or enterprise user). If you do not agree to these Terms of Service (these “Terms”), do not register and do not access or otherwise use any of our Services.

      Your use of our Services is also subject to our Privacy Policy, which is a part hereof and incorporated by reference herein in its entirety.

      Services

      Our Terms of Service apply to any of our Members or Visitors, 4Degrees-branded websites and/or applications and our other Services.

      4Degrees

      You are entering into these Terms with 4Degrees AV Inc (also referred to as “we” and “us”).

    • 1.2 Members and Visitors

      When you register and join our Services, you become a Member. If you have chosen not to register for our Services, you may access certain features as a Visitor. It may not always be possible to access our Services as a Visitor and we reserve the right to eliminate and/or restrict any or all access for Visitors and Members in our sole discretion.

    • 1.3 Change

      We may modify these Terms and our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

  2. 2. Obligations

    • 2.1 Service Eligibility

      The Services are not for use by anyone under the age of 16.

      To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one account, which must be in your real name; and (3) you are not already restricted by us from using the Services.

      "Minimum Age" means 16 years old. However, if law requires that you must be older in order for us to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

    • 2.2 Your Account

      Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections), other than in the ordinary course of exporting your contacts and their contact information, and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account (and any other account that you access) unless and until you close it. You are required to report misuse of your account or, to the extent you become aware, other accounts.

      As between you and others (including your employer), your personal account belongs to you. However, if the Services were purchased by another party for you to use (e.g., a user account bought by your employer for your business use in connection with such employment), the party paying for such Service has the right to control access to and get reports on your use of such paid Service.

    • 2.3 Payment

      If you buy any of our paid Services (“Premium Services”), you agree to pay us the applicable fees and taxes and to additional terms specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Also, you agree to the terms set forth below.

      • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).
      • We may store and continue billing your payment method (e.g., credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
      • If you purchase a subscription, your payment method will be charged automatically at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
      • All of your purchases of Services are subject to our refund policy in effect from time to time.
      • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

    • 2.4 Notices and Service Messages

      You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

      Please review your settings to control and limit the messages you receive from us.

    • 2.5 Indirect Sharing

      Our Services allow indirect sharing of contact information in many ways. Information and content that you incorporate into your contacts may be enriched by and/or recommended to other Members or Visitors. Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., sharing content only to contacts).

      We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

  3. 3. Rights and Limits

    • 3.1 Your License to Us

      Profile

      As between us, but subject to our Privacy Policy, you own the content and information that you submit or post to the Services and you are only granting us and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, publish (as it pertains to contact information), and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

      1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it, (b) to the extent it has been incorporated into and/or enriched by our own data (which would be on an anonymized basis) and (c) for the reasonable time it takes to remove from backup and other systems;
      2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content); however, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions on sponsored content and company pages may be visible, as noted in the Privacy Policy;
      3. We will get your consent if we want to give third parties the right to publish your information beyond the Service; however, other Members and/or Visitors may access and share your content and information, consistent with your choices;
      4. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression; and
      5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.

      You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

      By submitting suggestions or other feedback regarding our Services to us, you agree that we can use and share (but does not have to) such feedback for any purpose without compensation to you.

      You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information and contact information added to the Services by you will be truthful. We may be required by law to remove certain information or content in certain countries.

    • 3.2 Service Availability

      We may change or discontinue any of our Services. We don’t promise to store or post/display any information and content that you’ve entered into our Services.

      We are not a storage service nor providing one. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

    • 3.3 Other Content, Sites and Apps

      By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others.

      You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your account, that app or site can access information from the Services related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.

    • 3.4 Limits

      We reserve the right to limit your use of the Services, as applicable. We also reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of these Terms or law or are misusing the Services (e.g., violating any Do and Don’ts).

    • 3.5 Intellectual Property Rights

      We reserve all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

  4. 4. Disclaimer and Limit of Liability

    • 4.1 No Warranty

      TO THE EXTENT ALLOWED UNDER LAW, WE AND OUR AFFILIATES (AND THOSE THAT WORK WITH US TO PROVIDE THE 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 SERVICES (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.

    • 4.2 Exclusion of Liability

      TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS WE HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS), NEITHER WE NOR OUR AFFILIATES (AND THOSE THAT WORK WITH US TO PROVIDE THE SERVICES) SHALL 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).

      WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY OR THE LIABILITY OF OUR AFFILIATES (AND THOSE THAT WORK WITH US TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THREE TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $500.

      THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN EACH OF US AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF WE OR OUR AFFILIATES 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.

  5. 5. Termination

    We may terminate these Terms at any time with notice to you. On termination, you lose the right to access or use the Services. The following shall survive termination:

    • Our rights to use and disclose your feedback;
    • Our rights to own and use intellectual property;
    • Sections 4, 5, 6 and 7 of these Terms;
    • Any amounts owed by either party prior to termination remain owed after termination.

    You may not terminate these Terms unilaterally other than by terminating your account, at which point, upon cessation of your access to the Services, these Terms will no longer apply to you for such period thereafter; however, these Terms will continue to govern our relationship with respect to the period during which you accessed the Services.

  6. 6. Dispute Resolution

    For all persons accessing the Services (both Members and Visitors), including those who live outside of the United States, you agree that the laws of the State of Illinois, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to these Terms and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts in Cook County, Illinois, U.S.A., and we each agree to personal jurisdiction in those courts.

  7. 7. General Terms

    If a court with authority over these Terms finds any part of it not enforceable, you and us agree that the court should modify these Terms to make that part enforceable while still achieving its intent. If the court cannot do that, you agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms. To the extent allowed by law, the English language version of these Terms is binding and other translations are for convenience only. These Terms (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

    If we don't act to enforce a breach of these Terms, that does not mean we have waived our right to enforce these Terms. You may not assign or transfer these Terms (or your membership or use of Services) to anyone without our consent. However, you agree that we may assign these Terms to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to these Terms.

    We reserve the right to change the terms of these Terms and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.

    You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

  8. 8. “Dos” and “Don’ts”

    • 8.1 Dos

      You agree that you will:

      • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
      • Provide accurate information to us and keep it updated;
      • Use your real name on your profile; and
      • Use the Services in a professional manner.

    • 8.2 Don’ts

      You agree that you will not:

      • Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
      • Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
      • Use an image that is not your likeness for your profile, if applicable;
      • Create a false identity for use with the Services;
      • Misrepresent your identity (e.g., by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;
      • Create a Member profile for anyone other than yourself (a real person) except as expressly permitted by us in connection with enterprise usage;
      • Use or attempt to use another's account;
      • Harass, abuse or harm another person using information from our Services or knowingly or negligently creating false information with respect to another person;
      • Send or post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any form of solicitation using information from our Services;
      • Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy information and other data from the Services;
      • Bypass or circumvent any access controls or Service use limits;
      • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without our consent;
      • Solicit email addresses or other personal information from Members you don’t know, without authorization.
      • Use, disclose or distribute any data obtained in violation of this policy;
      • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer)) except to the extent you are using the Services to disclose to parties to whom disclosure is permitted;
      • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
      • Violate our intellectual property or other rights;
      • Post anything that contains software viruses, worms, or any other harmful code;
      • Manipulate identifiers in order to disguise the origin of any contact information, message or post transmitted through the Services;
      • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
      • Imply or state that you are affiliated with or endorsed by us without our express consent;
      • Rent, lease, loan, trade, license, sublicense or otherwise sell/re-sell access to the Services or related data;
      • Sell, sponsor, or otherwise monetize any Service without our consent;
      • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
      • Monitor the Services’ availability, performance or functionality for any competitive purpose;
      • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
      • Overlaying or otherwise modifying the Services or their appearance;
      • Access the Services except through the interfaces expressly provided by us, such as our online and mobile applications;
      • Use the Services for tasks that it is not intended for;
      • Override any security feature of the Services;
      • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
      • Violate any terms concerning a specific Service that are provided when you sign up for or start using such Service.

  9. 9. Complaints Regarding Content

    We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

  10. 10. How To Contact Us

    If you want to send us notices or service of process, please contact us: