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Also see our Privacy Policy

Terms of Service

Welcome to Critical Moments! Chesterfield Laboratories Inc. (“we”/”us”) make the website criticalmoments.io (the “Website” and/or “Services”) available together with the Critical Moments software and other custom features of our services (together the “Services”). These Terms of Service (“Terms”) constitute a legal agreement between you and us and governs your use of the Services. BY USING THE SERVICES YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THE SERVICES.

  1. The Services. Critical Moments provides a software SDK and associated web services. In order to access the Services you must be a registered user. Details about our billing and pricing can be found at http://beta.criticalmoments.io/pricing.
  2. Content & Licensed Access. These Terms grant us the rights that are needed to provide the Services and to analyze data in aggregate as described below. By using the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, modify, transmit, display distribute and otherwise exploit such data as required to provide the Services to you and to analyze the data as aggregated with content supplied by other users of the Services in order to create anonymized and aggregated statistics that may include trends, insights, heuristics and other aggregated learning (collectively, the “Machine Learning Data”). The Machine Learning Data does not contain any of your data or any of your personal information, and, accordingly, you acknowledge and agree that we own the Machine Learning Data and we are free to use the Machine Learning Data in any manner we may choose, including, without limitation, to produce new products, services or tools. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted in these Terms to any data that you submit, upload, post or display using the Services. In order to provide the Services, we need the rights to make technical decisions on how to provide and administer the Services. This includes, but is not limited to, how to store your data, how to secure your data, how to modify your data to display it and when to transmit your data (for example, when you access data from your browser). These rights extend to third parties we work with to provide the Services, such as our hosting providers.
  3. Restrictions on user data and Use of the Service. We do not control or actively monitor your user data however we reserve the right at all times to remove or refuse to distribute any user data that breaches our policies and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.
  4. In using the Services you shall not:
    1. copy any content unless expressly permitted to do so;
    2. upload, post, email, transmit or otherwise make available any material that:
      1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
      2. you do not have a right to make available under any law or under a contractual relationship;
      3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
      4. is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," or any other form of solicitation;
      5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or Services or that of any users or viewers of the Website users or the Services or that compromises a user's privacy;
      6. any material that could damage or harm minors in any way.
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or Services or impersonate another person or organization;
    4. interfere with or disrupt the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    5. intentionally or unintentionally violate any applicable local, provincial, national or international law or regulation;
    6. collect or store personal information about other users;
    7. access, tamper with, or use non-public areas of the Services, shared areas of the Services you have not been invited to, or Critical Moment’s (or our service providers’) computer systems;
    8. license, sell, or otherwise commercially exploit the Services;
    9. access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”).
  5. You also agree not to access the Website or Services in a manner that utilizes resources more heavily than would be the case for an standard installation, for example, through bypassing rate limiting or caching. We are entitled to suspend accounts for consuming excessive resources.
  6. Copyright Policy. We do not permit copyright infringing activities and infringement of intellectual property rights on and will remove any content if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyright, you may submit a notification by providing our Copyright Agent with the following information in writing:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
    2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
    3. identification of the URL or other specific location on the Services or Website where the material that you claim is infringing is located;
    4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    You can contact our Copyright Agent via email at [email protected]
  7. End User License. The Services and the information and materials that it contains, are the property of Chesterfield Laboratories Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable license to (a) use the Website and Services as described under your current subscription level, and (b) distribute an official release of the Critical Moments SDK as part of a mobile application you distribute. You may not distribute modified versions of the software (including in compiled format). You may not make modifications to the software or Service, such as but not limited to, removing access controls, removing API Key validation, removing signature checks, changing cryptography key data, removing or modifying subscription plan level checks, removing or bypassing checks for release builds, or adding additional features. You may not directly invoke undocumented APIs, such as but not limited to, APIs in the “appcore” and “cmcore” code namespace. You may not distribute our SDK software outside of a mobile application binary, such as but not limited to, embedding the SDK software in another SDK. You may not access or modify the database files created by Critical Moments, except though documented APIs. You may not offer the the licenced work to third-parties on a hosted or embedded basis in order to compete with Chesterfield Laboratories' version(s) of the licensed work. The Critical Moments software is licensed to you and not sold. Nothing in the Terms gives you a right to use the Chesterfield Laboratories or Critical Moments names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.
  8. DISCLAIMER. THE WEBSITE AND THE SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY USER CONTENT.
  9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR THE SERVICES, OR (IV) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR SERVICES OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, OR (V) ANY LOSS OR CORRUPTION OF DATA FILES ON THE WEBSITE OR THE SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
  10. Termination. We may, under certain circumstances terminate Your ability to access the Services or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services, or (e) unexpected technical, security or legal issues or problems. In most cases we will attempt to give you ample notice of any termination or suspension to help you secure your data, however in some cases the termination may not include notice (for example, a court order or flagrantly violating these Terms). You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to or removal of any of the data captured by the Service.
  11. Availability & Changes. We may alter, suspend, or discontinue the Services at any time and for any reason but will endeavour to provide advance notice of any such alterations, suspensions or discontinuations. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. We may periodically add or update the information and materials on the Website without notice.
  12. We reserve the right to change these Terms at any time. If we decide to change these Terms in the future, we will post a notice on the Website. Any non-material change (such as clarifications) to these Terms will become effective on the date the change is posted and any material changes will become effective ten (10) days from their posting on the Website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
  13. Security. The Critical Moments software attempts to use a secure connection when transmitting sensitive information including your data, identity and password. However, we cannot and do not make any representations or warranties concerning security of the communication to or from the Website or the Services. Do not attempt to connect to the Website or the Services using insecure access channels, such as, but not limited to web service requests made over an insecure connection, or any 3rd party applications. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
  14. General. These Terms, together with the Privacy Policy constitute the entire agreement between the parties relating to the Website and Services and all related activities. These Terms are governed by the laws of the Province of Ontario, Canada. If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Any failure of Chesterfield Laboratories to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. You may not assign your account, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent. We may assign these Terms, and/or any rights or licenses granted under these Terms, at any time without notice.

If you have any questions about these Terms please contact us at: [email protected]

Last Updated: Dec 5, 2023