Terms of Use

1. Acceptance of Terms

By accessing and using CertifiaWeb Operating Company, LLC ("CertifiaWeb", "we", "us", or "our") website, services, and platform (collectively, the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and CertifiaWeb regarding your use of our compliance and certification management platform, including all related websites, mobile applications, APIs, and services.

2. Description of Service

CertifiaWeb provides a comprehensive compliance and certification management platform designed to help businesses achieve and maintain regulatory compliance across various standards and frameworks, including but not limited to:

• PCI DSS (Payment Card Industry Data Security Standard): Compliance services for organizations that handle credit card information
• GDPR (General Data Protection Regulation): Data protection and privacy compliance services for European Union regulations
• ISO 27001: Information security management system certification and compliance
• SOC 2 (System and Organization Controls 2): Security, availability, processing integrity, confidentiality, and privacy controls
• HIPAA (Health Insurance Portability and Accountability Act): Healthcare data security and privacy compliance
• Security Audits: Vulnerability scans, penetration testing, code reviews, and security assessments
• Transaction Monitoring: Real-time monitoring and analysis of transactions for security and compliance
• API Integration Services: Secure API access for integration with existing systems
• Compliance Reporting: Comprehensive reporting and documentation for audit purposes

The Service includes access to our web-based platform, mobile applications, RESTful APIs, webhooks, documentation, support services, and any other features, content, or applications offered by CertifiaWeb from time to time.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must register for an account ("Account"). When you register, you agree to:

• Provide accurate, current, and complete information about yourself as prompted by the registration form
• Maintain and promptly update your Account information to keep it accurate, current, and complete
• Maintain the security of your password and identification
• Accept all responsibility for all activities that occur under your Account
• Notify CertifiaWeb immediately of any unauthorized use of your Account or any other breach of security

3.2 Account Eligibility

You must be at least 18 years old to create an Account. By creating an Account, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity and authority to enter into these Terms
• All information you provide is truthful and accurate
• You will comply with all applicable laws and regulations

3.3 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. CertifiaWeb cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

4. Use of Service

4.1 Permitted Use

Subject to your compliance with these Terms, CertifiaWeb grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes in accordance with these Terms and any applicable documentation.

4.2 Prohibited Activities

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others
• Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable
• Upload, post, email, transmit, or otherwise make available any content that 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
• Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service, by hacking, password mining, or any other illegitimate means
• Probe, scan, or test the vulnerability of the Service or any network connected to the Service
• Reverse engineer, decompile, or disassemble any portion of the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve or index any portion of the Service
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from CertifiaWeb
• Use the Service to compete with CertifiaWeb or to build a competitive product or service

4.3 API Usage

If you use our APIs, you must comply with our API documentation, rate limits, and usage guidelines. We reserve the right to throttle or suspend API access for accounts that exceed reasonable usage limits or engage in abusive behavior.

5. Fees and Payment

5.1 Service Fees

Certain features of the Service may be provided for a fee or other charge. CertifiaWeb reserves the right to change its pricing at any time. If CertifiaWeb changes its pricing, CertifiaWeb will provide notice of the change on the Service or in email to you, at CertifiaWeb's option, at least 30 days before the change is to take effect.

5.2 Payment Terms

You agree to pay all fees and charges associated with your use of the Service in accordance with the pricing and payment terms presented to you when you purchase the Service. All fees are:

• Payable in advance, unless otherwise agreed in writing
• Non-refundable except as required by law or as otherwise stated in these Terms
• Exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties

5.3 Billing

If you purchase a subscription-based service, you will be billed on a recurring basis (monthly, quarterly, or annually, as selected). You authorize CertifiaWeb to charge your payment method for all fees due. If payment is not received by the due date, we may suspend or terminate your access to the Service.

5.4 Refunds

CertifiaWeb offers a 30-day money-back guarantee for new subscriptions. If you are not satisfied with our services within the first 30 days, you may request a full refund. Refund requests must be submitted through our support system. After the 30-day period, all fees are non-refundable except as required by applicable law.

6. Intellectual Property Rights

6.1 CertifiaWeb's Intellectual Property

The Service, including all content, features, functionality, software, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of CertifiaWeb or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The CertifiaWeb name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of CertifiaWeb or its affiliates or licensors. You must not use such marks without the prior written permission of CertifiaWeb.

6.2 User Content

You retain ownership of any content, data, or information you submit, post, or display on or through the Service ("User Content"). By submitting User Content, you grant CertifiaWeb a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing the Service.

6.3 Feedback

If you provide CertifiaWeb with any feedback, comments, or suggestions regarding the Service ("Feedback"), you hereby assign to CertifiaWeb all rights, title, and interest in and to such Feedback, and CertifiaWeb shall be free to use, reproduce, modify, and distribute such Feedback without any obligation or restriction of any kind.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

CertifiaWeb implements industry-standard security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

For more information about how we collect, use, and protect your data, please review our Privacy Policy and Data Protection pages.

8. Compliance and Certifications

8.1 Certification Services

CertifiaWeb provides compliance and certification services to help you meet various regulatory and industry standards. However, you acknowledge and agree that:

• CertifiaWeb's services are advisory and facilitative in nature
• Final certification decisions are made by independent certification bodies, not by CertifiaWeb
• CertifiaWeb does not guarantee that you will achieve certification or compliance
• You are solely responsible for ensuring that your systems, processes, and practices meet all applicable requirements
• CertifiaWeb is not liable for any failure to achieve certification or compliance

8.2 Your Responsibilities

You are responsible for:

• Providing accurate and complete information to CertifiaWeb
• Implementing recommended security measures and controls
• Maintaining compliance with applicable laws and regulations
• Cooperating with audits and assessments
• Notifying CertifiaWeb of any material changes to your systems or processes

9. Service Availability and Modifications

9.1 Service Availability

CertifiaWeb strives to provide reliable and continuous access to the Service. However, we do not guarantee that the Service will be available at all times or that access will be uninterrupted. The Service may be unavailable due to:

• Scheduled maintenance and updates
• Unscheduled maintenance or repairs
• System failures or technical issues
• Force majeure events
• Actions by third parties

9.2 Service Modifications

CertifiaWeb reserves the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

9.3 Updates

CertifiaWeb may from time to time provide updates, upgrades, or modifications to the Service. These updates may include bug fixes, feature enhancements, security patches, or other improvements. You agree to install and use the most current version of the Service as made available by CertifiaWeb.

10. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by CertifiaWeb. CertifiaWeb has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that CertifiaWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

11. Disclaimers

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 No Guarantees

CertifiaWeb does not warrant that:

• The Service will meet your requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results that may be obtained from the use of the Service will be accurate or reliable
• Any errors in the Service will be corrected
• You will achieve compliance or certification through use of the Service

11.3 Compliance Disclaimer

While CertifiaWeb provides tools and services to assist with compliance, we do not guarantee that your use of the Service will result in compliance with any particular law, regulation, or standard. You are solely responsible for ensuring that your business practices comply with all applicable laws and regulations.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CERTIFIAWEB, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CERTIFIAWEB ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• Errors, mistakes, or inaccuracies of content
• Personal injury or property damage resulting from your access to or use of the Service
• Unauthorized access to or use of our servers and/or any personal information stored therein
• Interruption or cessation of transmission to or from the Service
• Bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service
• Errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service
• Failure to achieve compliance or certification

IN NO EVENT SHALL CERTIFIAWEB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO CERTIFIAWEB IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13. Indemnification

You agree to defend, indemnify, and hold harmless CertifiaWeb, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to:

• Your User Content
• Your use of any information obtained from the Service
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

14. Termination

14.1 Termination by You

You may terminate your Account and stop using the Service at any time by contacting us through our support system or by canceling your subscription through your Account settings.

14.2 Termination by CertifiaWeb

CertifiaWeb may terminate or suspend your Account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

14.3 Effect of Termination

Upon termination of your Account:

• Your right to access and use the Service will immediately terminate
• You will no longer have access to your Account or any data associated with your Account
• CertifiaWeb may delete your Account and all associated data
• All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, United States.

You and CertifiaWeb agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by CertifiaWeb on the Service, shall constitute the entire agreement between you and CertifiaWeb concerning the Service.

16.2 Modifications

CertifiaWeb reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Effective Date". Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

16.3 Waiver

No waiver by CertifiaWeb of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CertifiaWeb to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16.4 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without CertifiaWeb's prior written consent. CertifiaWeb may assign or transfer these Terms, at its sole discretion, without restriction.

16.6 Contact Information

If you have any questions about these Terms, please contact us at:

CertifiaWeb Operating Company, LLC
455 Market Street, Suite 1250
San Francisco, CA 94105
United States
Phone: +1 (415) 555-0198
Email: legal@certifiaweb.com

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.