These terms of service (the “Terms”) govern your access to and use of Corca Research Inc ("we", "us", "Company") Software, including the websites at https://corca.io or https://corca.app (the “Sites”) and the products and services made available via or in connection with the Site, related apps and browser extensions (the “Services”), so please carefully read them before using the Services.
By using or accessing the Services, you accept and agree to be bound by (i) these Terms of Service and (ii) our Privacy Policy, found at https://corca.io/privacy/ (the “Privacy Policy”) which is incorporated herein by reference (collectively referred to as the “Agreement”). This Agreement constitutes a binding agreement between the Customer (“Customer,” “you,” and “your”) and the Company.
This Agreement represents the parties’ entire understanding regarding the Services and shall govern over any prior oral or written agreement or discussions or different or additional terms or conditions of any purchase order, invoice or other non-Company ordering document. No other terms or conditions of any purchase order, invoice or other non-Company ordering document shall apply to the Services.
The Company may modify, supplement or amend these Terms and Conditions. If you have an account with us, you will be notified by email and given an opportunity to accept the changes.
Subject to your compliance with this Agreement and your payment of any applicable fees, the Company grants you a non-transferable, non-exclusive, worldwide right to access and use the purchased Services in accordance with the terms set out in this Agreement (the “License”).
The License is granted on a per-user basis and is valid for use on all supported operating systems. A License may be used on multiple computers and operating systems, provided that only the proper registered user of such License accesses or makes use of the applicable Services.
Licenses are non-transferrable and may not be distributed, sold, rented, leased or otherwise assigned or transferred to any third party(ies).
A. Personal Use. A License permits use of CORCA for free for your own, private, non-commercial purposes (e.g. taking notes, doing research) (“Personal Use”). For the avoidance of doubt, the use of CORCA for the exercise of your own trade or profession for which you are compensated compensation (e.g. teamwork with colleagues, writing work reports, etc.) does not qualify as Personal Use.
B. Not For Profit Use. A License permits use of CORCA for free by registered charitable and not-for-profit organizations; provided, that such use is not in connection with non-Personal Use by any other Person.
C. Commercial Use. In all other circumstances, a License permits the use of CORCA only after payment of all associated fees with respect to each individual/user of CORCA; provided, that the fees associated with a License are not required for a period of no more than thirty (30) days for testing and evaluation purposes only.
Not Professional Advice
CORCA and our other Services assist you to take notes and build a digital knowledge base. However, any materials available through CORCA and/or other Services and any information, training and/or advice provided, (collectively, the "Service Materials") are for informational purposes only; they are not guaranteed to be correct, complete or up-to-date, and use and work product resulting from the use of CORCA and our other Services will be yours. You understand that our providing of CORCA and any other Services to you does not constitute any guarantee of a particular outcome or otherwise make us responsible in any way for the success or failure of any project you undertake in connection with the use of CORCA and any other Services.
You may use the Services only if you have reached the age of majority where you live, and you can form legally binding contracts under applicable law. You may not use the Services if you live in a jurisdiction where access to or use of the Services or any part of them may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.
You are prohibited from contributing, posting or transmitting to the Services any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. Any content you contribute, post or transmit to the Services may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, at any time and without notice may terminate or restrict your access to any component of Software.
We reserve the right to immediately terminate the Services due to our sole discretion. We will not be liable to you nor to any third party for any suspension of the Services resulting from your non-payment of fees.
We are not responsible for any Third Party Services or for any act or omission of any third party. The Company does not own, operate or endorse any Third Party Services and does not warrant any Third Party Services. You agree to assume all risks and liabilities associated with the use of any Third Party Services. Third Party Services are operated independently of us and we do not guarantee the availability of any Third Party Services. If the provider of any such Third Party Services ceases to make the Third Party Services available for interoperation with Services, the Company may cease providing such features or functionality without entitling Customer to any refund, credit or other compensation. You agree to use the Services only in compliance with the terms and conditions associated with any Third Party Services. We advise you to check the terms of use and privacy policies for all Third Party Services to ensure compliance and determine how they may use your information.
All Services are provided “as is” and on an “as available” basis. Neither the Company nor its suppliers or representatives make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. The Company makes no representation, warranty or guarantee that the Services will meet Customer’s requirement or expectation, that will be accurate, complete or preserved without loss, or that the Services will be timely, secure, uninterrupted or error-free. The Company does not guarantee that security measures will be error-free and will not be responsible or liable for unauthorized access beyond its reasonable control. The Company will not be responsible or liable in any manner for any Customer properties, third party products, third party content, or non-Company services (including for any delays, interruptions, transmission errors, security failures, and other problems caused by these items), for regulated data received from the Customer in breach of this Agreement, for the collection, use and disclosure of Data authorized by this Agreement or for decisions or actions taken (or not taken) by Customer based upon the Services. Customer acknowledges that the Company is not a business associate or subcontractor. The disclaimers in this section shall apply to the maximum extent not prohibited by applicable law, notwithstanding anything to the contrary herein. Customer may have other statutory rights. However, any statutorily required warranties under applicable law, if any, shall be limited to the shortest period and maximum extent permitted by law.
We will indemnify, defend and hold harmless Customer from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against the Customer to the extent based on an allegation that the Company’s technology used to provide the Services to the Customer infringes or misappropriates any copyright, trade secret, patent or trademark right of a third party that is issued or registered in Canada or the United States. In no event will we have any obligations or liability under this section arising in whole or in part from any content, information or data provided by the Customer or other third parties, nor arising from the use or content of Third Party Plugins. The Company shall not be required to indemnify Customer in the event of: (a) modification of the Services by Customer, its employees, or contractors in conflict with Customer’s obligations or as a result of any prohibited activity as set forth herein; (b) use of the Services in a manner inconsistent with any guidance, materials or documentation provided by us; (c) use of the Services in combination with any other application, product, or service not provided by the Company if such claim would not have occurred without such combination; or (d) use of the Services in a manner not otherwise contemplated by this Agreement.
Customer shall indemnify, defend and hold harmless the Company from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys’ fees) arising out of any claim by a third party against the Company or its affiliates regarding: (i) Customer Content or Customer Data; (ii) Customer’s use of the Services in violation of this Agreement; and/or (iii) violations of Customer’s obligations of privacy to any Person.
If we believe the Services infringe or may be alleged to infringe a third party’s intellectual property rights, then we may: (i) obtain the right for you (at our expense) to continue using the Services; (ii) provide a non-infringing functionally equivalent replacement; or (iii) modify the Services so that they no longer infringe. If we do not believe that the options described in this section are commercially reasonable, then we may suspend or terminate Customer’s use of the affected Services (with a pro-rata refund of prepaid fees for the Services).
Customer shall ensure that their use of the Services does not infringe a third party’s intellectual property rights.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY’S OR ITS SUPPLIERS’ TOTAL LIABILITY EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO THE COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION EXCLUDES EITHER PARTY’S LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE. IN ADDITION, THE LAWS IN SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OF LIABILITY IN THIS SECTION. IF ANY OF THESE LAWS IS FOUND TO APPLY TO THIS AGREEMENT, THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY SUCH LAW. EACH PARTY ACKNOWLEDGES AND AGREES THAT THIS SECTION IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY COMPANY TECHNOLOGY OR ANY RELATED SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY LIMITED REMEDY IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
This Agreement shall be governed by the laws of Delaware. Any action or proceeding arising from or relating to this Agreement may only be brought in the courts located in Delaware State, United States. The United Nations Convention on Contracts for the International Sale of Goods (also called the Vienna Convention, and which is cited in the statutes of Canada as the International Sales of Goods Contracts Convention Act) will not apply to this Agreement or the transactions contemplated by this Agreement. No cause of action arising hereunder or relating hereto may be brought more than one (1) year after it first accrues.
We may revise these Terms of Use from time to time in our sole discretion. If there are any material changes to these Terms of Use, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Terms of Use if you continue to use the Services after the new Terms take effect.
If you have any questions about our privacy practices or this Privacy Policy, please contact us at: help@corca.io.