Customer Terms of Service

Effective: August 30, 2020

These Customer Terms of Service (the “Customer Terms”) describe your rights and responsibilities when using our online workplace productivity tools and platform (the “Services”). Please read them carefully. If you are a Customer (defined below), these Customer Terms govern your access and use of our Services. If you are being invited to an account set up by a Customer, the User Terms of Service (the “User Terms”) govern your access and use of the Services.

Important Notification

These “Customer Terms” Form a Part of a Binding “Contract”

These Customer Terms (or, if applicable, your written agreement with us) and any Order Form(s) (defined below) together form a binding “Contract” between Customer and us. If any terms in the Customer-Specific Supplement apply to Customer (e.g., if Customer is a U.S. government entity), those terms are also incorporated herein by reference and form part of the Contract. “We,” “our” and “us” refers to Omnistrat.

Your Agreement On Behalf of “Customer”

If you purchase subscription(s), create an account (i.e., a digital space where a group of users may access the Services, as further described in our Help Center pages), invite users to that account, or use or allow use of that account after being notified of a change to these Customer Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.

Customer Choices and Instructions

Who is “Customer”?

There can only be one “customer”. “Customer” is the organization that you represent in agreeing to the Contract. If your account is being set up by someone who is not formally affiliated with an organization, Customer is the individual creating the account. For example, if you signed up using a personal email address and invited a couple of friends to work on a new business idea but haven’t formed a company yet, you are the Customer.

Signing Up Using a Corporate Email Domain

If you signed up for a plan using your company email domain, your organization is Customer, and Customer can modify and re-assign roles on your account (including your role) and otherwise exercise its rights under the Contract. If Customer elects to replace you as the representative with ultimate authority for the account, we will provide you with notice following such election and you agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.

What This Means for Customer—and for Us

Individuals authorized by Customer to access the Services (an “Authorized User”) may submit content or information to the Services, such as messages or files (“Customer Data”), and Customer may exclusively provide us with instructions on what to do with it. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions or retention and export settings. Since these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data, please review the *Help Center pages for more information about these choices and instructions.

Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of Customer Data; and (b) ensure the transfer and processing of Customer Data under the Contract is lawful.

Ordering Subscriptions

A subscription allows an Authorized User to access the Services. No matter the role, a subscription is required for each Authorized User. A subscription may be procured through the Services interface, or in some cases, via an order form entered into between Customer and us (each, an “Order Form”). Please see the *Help Center for more information on procuring subscriptions and inviting new Authorized Users. Each Authorized User must agree to the User Terms to activate their subscription. Subscriptions commence when we make them available to Customer and continue for the term specified in the Services “subscription management” interface or in the Order Form, as applicable. Each subscription is for a single Authorized User for a specified term and is personal to that Authorized User. We sometimes enter into other kinds of ordering arrangements, but that would need to be spelled out and agreed to in an Order Form. During an active subscription term, adding more subscriptions is fairly easy in the Settings “gear” interface. Unless the Order Form says otherwise, Customer may purchase more subscriptions at the prevailing price stated in the interface and all will terminate on the same date. Check out our *Help Center pages for additional information on setting up an account and assigning roles.

Purchasing Decisions

We may share information about our future product plans because we like transparency. Our public statements about those product plans are an expression of intent, but do not rely on them when making a purchase. If Customer decides to buy our Services, that decision should be based on the functionality or features we have made available today and not on the delivery of any future functionality or features.

Choosing to be a Beta Tester

Occasionally, we look for beta testers to help us test our new features. These features will be identified as “beta” or “pre-release,” or words or phrases with similar meanings (each, a “Beta Product”). Beta Products may not be ready for general users, so they are made available “as is,” and any warranties or contractual commitments we make for other Services do not apply. Should Customer encounter any faults with our Beta Products, we would love to hear about them; our primary reason for running any beta programs is to work out issues before making a new feature widely available.

Feedback is Welcome

The more suggestions our customers make, the better the Services become. If Customer sends us any feedback or suggestions regarding the Services, there is a chance we will use it, so Customer grants us (for itself and all of its Authorized Users and other Customer personnel) an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer, any Authorized User or other Customer personnel. If we choose not to implement the suggestion, we trust you’ll understand. We appreciate it, nonetheless.

Non-Omnistrat Products

Our Services include a platform that third parties may use to develop content and templates that complement Customer’s use of the Services (each, a “Non-Omnistrat Product”). We also maintain a directory called the Stratstore where some Non-Omnistrat Products are available for download and use. THESE ARE NOT OUR SERVICES, SO WE DO NOT WARRANT OR SUPPORT NON-OMNISTRAT PRODUCTS, AND, ULTIMATELY, CUSTOMER (AND NOT US) WILL DECIDE WHETHER OR NOT TO ENABLE THEM. ANY USE OF A NON-OMNISTRAT PRODUCT IS SOLELY BETWEEN CUSTOMER AND THE APPLICABLE THIRD PARTY PROVIDER.

If a Non-Omnistrat Product is enabled for Customer’s account, please be mindful of any Customer Data that will be shared with the third party provider and the purposes for which the provider requires access. We will not be responsible for any use, disclosure, modification or deletion of Customer Data that is transmitted to, or accessed by, a Non-Omnistrat Product. Check out our *Help Center pages for more information.

Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our websites and products.

Customer and Authorized Users

Use of the Services

Customer must comply with the Contract and ensure that its Authorized Users comply with the Contract and the User Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren’t responsible for the content of any Customer Data or the way Customer or its Authorized Users choose to use the Services to store or process any Customer Data. The Services are not intended for and should not be used by anyone under the age of 16. Customer must ensure that all Authorized Users are over 16 years old. Customer is solely responsible for providing high speed internet service for itself and its Authorized Users to access and use the Services.

Our Removal Rights

If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Customer Data or Customer’s disabling of a Non-Omnistrat Product, we will, in most cases, ask Customer to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties.

Payment Obligations

Payment Terms

For Customers that purchase our Services, fees are specified at the Services interface “gear” and in the Order Form(s) — and must be paid in advance. Payment obligations are non-cancelable and, except as expressly stated in the Contract, fees paid are non-refundable. For clarity, in the event Customer downgrades any subscriptions from a paid plan to a free plan, Customer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. Check out our *Help Center pages for more information about payment options. If we agree to invoice Customer by email, full payment must be received within thirty (30) days from the invoice date. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.

Credits

Any credits that may accrue to Customer’s account (for example, from a promotion), will expire following expiration or termination of the applicable Contract, will have no currency or exchange value, and will not be transferable or refundable. Credits accrued to an account on a free subscription plan will expire if the accounts’s plan is not upgraded to a paid plan within ninety (90) days of accrual, unless otherwise specified. For more information on credits, please see the *Help Center.

Downgrade for Non-Payment

If any fees owed to us by Customer (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, downgrade any fee-based Services to free plans until those amounts are paid in full, so long as we have given Customer ten (10) or more days’ prior notice that its account is overdue. Notwithstanding the second paragraph of the “Providing the Services” section below, Customer acknowledges and agrees that a downgrade will result in a decrease in certain features and functionality and potential loss of access to Customer Data, as illustrated by comparing the plans in the Pricing page.

Our Responsibilities

Providing the Services

We have responsibilities, too. We will (a) make the Services available to Customer and its Authorized Users as described in the Contract; and (b) not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.

Be assured that (a) the Services will perform materially in accordance with our then-current *Help Center pages; and (b) subject to the “Non-Omnistrat Products” and “Downgrade for Non-Payment” sections, we will not materially decrease the functionality of a Service during a subscription term. For any breach of a warranty in this section, Customer’s exclusive remedies are those described in the sections titled “Termination for Cause” and “Effect of Termination”.

Keeping the Services Available

As further described in our *Help Center pages, for some of our Services, we also offer specific uptime commitments paired with credits, if we fall short. In those cases, the credits will serve as what the lawyers call liquidated damages and will be Customer’s sole remedy for the downtime and related inconvenience. For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.

Protecting Customer Data

The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards to reasonably ensure the protection of customer data. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third-party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control. We are not responsible for what Customer’s Authorized Users or Non-Omnistrat Products do with Customer Data. That is Customer’s responsibility.

The Omnistrat Extended Family

We may leverage our employees, those of our corporate affiliates and third-party contractors (the “Omnistrat Extended Family”) in exercising our rights and performing our obligations under the Contract. We will be responsible for the Omnistrat Extended Family’s compliance with our obligations under the Contract.

Ownership and Proprietary Rights

What’s Yours is Yours…

As between us on the one hand, and Customer and any Authorized Users on the other, Customer will own all Customer Data. Subject to the terms and conditions of the Contract, Customer (for itself and all of its Authorized Users) grants us and the Omnistrat Extended Family a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data, and any Non-Omnistrat Products created by or for Customer, only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law or as permitted by the Data Request Policy; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Authorized Users as may be necessary to grant this license.

And What’s Ours is Ours

We own and will continue to own our Services, including all related intellectual property rights. We may make software components available, via app stores or other channels, as part of the Services. We grant to Customer a non-sublicensable, non-transferable, non-exclusive, limited license for Customer and its Authorized Users to use the object code version of these components, but solely as necessary to use the Services and in accordance with the Contract and the User Terms. All of our rights not expressly granted by this license are hereby retained.

Term and Termination

Contract Term

As further described below, a free subscription continues until terminated, while a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and all Order Forms.

Auto-Renewal

Unless an Order Form says something different, (a) all subscriptions automatically renew (without the need to go through the Services-interface “account management” or execute a renewal Order Form) for additional periods equal to one (1) year or the preceding term, whichever is shorter; and (b) the per-unit pricing during any automatic renewal term will remain the same as it was during the immediately prior term, unless it was a promotional price that is no longer available. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.

Termination for Cause

We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of this Contract caused by its Authorized Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law.

Termination Without Cause

Customer may terminate its free subscriptions immediately without cause. We may also terminate Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written notice.

Effect of Termination

Upon any termination for cause by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of those subscriptions after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

Data Portability and Deletion

We are custodians of Customer Data. During the term of an account’s subscriptions, Customer will be permitted to export or share certain Customer Data from the Services; provided, however, that because we have different products with varying features and Customer has different retention options, Customer acknowledges and agrees that the ability to export or share Customer Data may be limited or unavailable depending on the type of Services plan in effect and the data retention, sharing or invite settings enabled. Following termination or expiration of an account’s subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control. Please contact us at [email protected] for information on how Customer can initiate the deletion of Customer Data.

Representations Disclaimer of Warranties

Customer represents and warrants that it has validly entered into the Contract and has the legal power to do so. Customer further represents and warrants that it is responsible for the conduct of its Authorized Users and their compliance with the terms of this Contract and the User Terms.

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

Limitation of Liability

OTHER THAN IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER CUSTOMER’S OR THE OMNISTRAT EXTENDED FAMILY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE CONTRACT OR THE USER TERMS (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE LAST EVENT GIVING RISE TO LIABILITY. THE FOREGOING WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT TERMS” SECTION ABOVE.

IN NO EVENT WILL EITHER CUSTOMER OR ANY MEMBER OF THE OMNISTRAT EXTENDED FAMILY HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Customer is responsible for all login credentials, including usernames and passwords, for administrator accounts as well the accounts of your Authorized Users. We will not be responsible for any damages, losses or liability to Customer, Authorized Users, or anyone else, if such information is not kept confidential by Customer or its Authorized Users, or if such information is correctly provided by an unauthorized third-party logging into and accessing the Services.

The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.

Our Indemnification of Customer

We will defend Customer from and against any and all third party claims, actions, suits, proceedings, and demands alleging that the use of the Services as permitted under the Contract infringes or misappropriates a third party’s intellectual property rights (a “Claim Against Customer”), and will indemnify Customer for all reasonable attorney’s fees incurred and damages and other costs finally awarded against Customer in connection with or as a result of, and for amounts paid by Customer under a settlement we approve of in connection with, a Claim Against Customer; provided, however, that we will have no liability if a Claim Against Customer arises from (a) Customer Data or Non-Omnistrat Products; and (b) any modification, combination or development of the Services that is not performed by us, including in the use of any application programming interface (API). Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting our defense and settlement of such matter. This section states our sole liability with respect to, and Customer’s exclusive remedy against us and the Omnistrat Extended Family for, any Claim Against Customer.

Customer’s Indemnification of Us

Customer will defend Omnistrat and the members of the Omnistrat Extended Family (collectively, the “Omnistrat Indemnified Parties”) from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to Customer’s or any of its Authorized Users’ violation of the Contract or the User Terms (a “Claim Against Us”), and will indemnify the Omnistrat Indemnified Parties for all reasonable attorney’s fees incurred and damages and other costs finally awarded against an Omnistrat Indemnified Party in connection with or as a result of, and for amounts paid by an Omnistrat Indemnified Party under a settlement Customer approves of in connection with, a Claim Against Us. We must provide Customer with prompt written notice of any Claim Against Us and allow Customer the right to assume the exclusive defense and control, and cooperate with any reasonable requests assisting Customer’s defense and settlement of such matter. This section states your sole liability with respect to, and the Omnistrat Indemnified Parties’ exclusive remedy against Customer for, any Claim Against Us.

Limitations on Indemnifications

Notwithstanding anything contained in the two preceding sections, (a) an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel; and (b) no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions by the indemnified parties, (iii) the settlement does not include a full release of liability for the indemnified parties, or (iv) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.

Confidentiality

Confidential Information

Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including all Order Forms, as well as non-public business, product, technology and marketing information. Confidential Information of Customer includes Customer Data. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.

Protection and Use of Confidential Information

The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with the Contract; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.

Compelled Access or Disclosure

The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the access or disclosure. Without limiting the foregoing, please review the Data Request Policy for details on how requests may be made for the disclosure of Customer Data and how we will handle those requests. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.

Survival

The sections titled “Feedback is Welcome,” “Non-Omnistrat Products,” “Our Removal Rights,” “Use of the Services,” “Payment Terms,” “Credits,” “The Omnistrat Extended Family,” “What’s Yours is Yours…,” “And What’s Ours is Ours,” “Effect of Termination,” “Data Portability and Deletion,” “Representations; Disclaimer of Warranties,” “Limitation of Liability,” “Our Indemnification of Customer,” “Customer’s Indemnification of Us,” “Limitations on Indemnifications,” “Confidentiality” and “Survival,” as well as all of the provisions under the general heading “General Provisions,” will survive any termination or expiration of the Contract.

General Provisions

Publicity

Customer grants us the right to use Customer’s company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential customers, subject to Customer’s standard trademark usage guidelines as provided to us from time-to-time. We don’t want to list customers who don’t want to be listed, so Customer may send us an email to [email protected] stating that it does not wish to be used as a reference.

Force Majeure

Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

Relationship of the Parties; No Third-Party Beneficiaries

The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to the Contract.

Email and Omnistrat Messages

Except as otherwise set forth herein, all notices under the Contract will be by email, although we may instead choose to provide notice to Customer through the Services (e.g., an Omnistrat notification). Notices to Omnistrat will be sent to [email protected], except for legal notices, such as notices of termination or an indemnifiable claim, which must be sent to [email protected]. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.

Modifications

As our business evolves, we may change these Customer Terms and the other components of the Contract (except any Order Forms). If we make a material change to the Contract, we will provide Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by messaging Customer through the Services. Customer can review the most current version of the Customer Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any Authorized User) accesses or uses the Services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the Contract will constitute a waiver of that right. No waiver under the Contract will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

The Contract will be enforced to the fullest extent permitted under applicable law. If any provision of the Contract is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Contract will remain in effect.

Assignment

Except with respect to the Omnistrat Extended Family, neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the Contract in its entirety (including all Order Forms), without consent of the other party, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Customer will keep its billing and contact information current at all times by notifying Omnistrat of any changes. Any purported assignment in violation of this section is void. A party’s sole remedy for any purported assignment by the other party in breach of this section will be, at the non-assigning party’s election, termination of the Contract upon written notice to the assigning party. In the event of such a termination by Customer, we will refund Customer any prepaid fees covering the remainder of the term of all subscriptions after the effective date of termination. Subject to the foregoing, the Contract will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

Which Omnistrat Entity is Customer Contracting With?

All references to ‘Omnistrat,’ ‘we,’ or ‘us’ under the Contract, what law will apply in any dispute or lawsuit arising out of or in connection with the Contract, and which courts have jurisdiction over any such dispute or lawsuit, depend on where Customer is domiciled.

DomicileOmnistrat Contracting EntityGoverning LawVenue
United States and Rest of WorldOmnistrat, Inc.MassachusettsMiddlesex County, MA

The Contract, and any disputes arising out of or related hereto, will be governed exclusively by the applicable governing law above, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue above will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Contract or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the Contract, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

Entire Agreement

The Contract, including these Customer Terms and all referenced pages and Order Forms, if applicable, constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Without limiting the foregoing, the Contract supersedes the terms of any online agreement electronically accepted by Customer or any Authorized Users. However, to the extent of any conflict or inconsistency between the provisions in these Customer Terms and any other documents or pages referenced in these Customer Terms, the following order of precedence will apply: (1) the terms of any Order Form (if any), (2) the portions of the Customer-Specific Supplement that apply to Customer (if any), (3) the Customer Terms and (4) finally any other documents or pages referenced in the Customer Terms. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process or web portal, or any other Customer order documentation (excluding Order Forms) will be incorporated into or form any part of the Contract, and all such terms or conditions will be null and void.

User Terms of Service

Effective Date: August 30, 2020

These User Terms of Service (the “User Terms”) govern your access and use of our online workplace productivity tools and platform (the “Services”). Please read them carefully. Even though you are signing onto an existing account, these User Terms apply to you as a user of the Services. We are grateful you’re here.

Important

These User Terms are Legally Binding

These User Terms are a legally binding contract between you and us. As part of these User Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these User Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the User Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the User Terms and the Acceptable Use Policy. “We”, “our” and “us” currently refers to the applicable Omnistrat entity in the Contract (defined below).

Customer’s Choices and Instructions

You are an Authorized User on an account Controlled by a “Customer”

An organization or other third party that we refer to in these User Terms as “Customer” has invited you to an account (i.e., a unique domain where a group of users may access the Services, as further described in our *Help Center pages). If you are joining your employer’s account, for example, Customer is your employer. If you are joining an account created by your friend using her personal email address to work on her new business idea, she is our Customer and she is authorizing you to join her account.

What This Means for You—and for Us

Customer has separately agreed to our Customer Terms of Service or entered into a written agreement with us (in either case, the “Contract”) that permitted Customer to create and configure an account so that you and others could join (each invitee granted access to the Services, including you, is an “Authorized User”). The Contract contains our commitment to deliver the Services to Customer, who may then invite Authorized Users to join its account. When an Authorized User (including, you) submits content or information to the Services, such as messages or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides Customer with many choices and control over that Customer Data. For example, Customer may provision or deprovision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, transfer or assign account, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data. Please check out our *Help Center pages for more detail on our different Service plans and the options available to Customer.

The Relationship Between You, Customer and Us

AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. OMNISTRAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.

A Few Ground Rules

You Must be Over the Legal Age

To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.

While You Are Here, You Must Follow the Rules

To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and any applicable policies established by Customer. If you see inappropriate behavior or content, please report it to your Primary Owner or employer.

You Are Here At the Pleasure of Customer (and Us)

These User Terms remain effective until Customer’s subscription for you expires or terminates, or your access to the Services has been terminated by Customer or us. Please contact Customer if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these User Terms or the Acceptable Use Policy.

Limitation of Liability

If we believe that there is a violation of the Contract, User Terms, the Acceptable Use Policy, or any of our other policies that can simply be remedied by Customer’s removal of certain Customer Data or taking other action, we will, in most cases, ask Customer to take action rather than intervene. We may directly step in and take what we determine to be appropriate action (including disabling your account) if Customer does not take appropriate action or we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties. IN NO EVENT WILL YOU OR WE HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS YOU ARE ALSO A CUSTOMER (AND WITHOUT LIMITATION TO OUR RIGHTS AND REMEDIES UNDER THE CONTRACT), YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THESE USER TERMS. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE USER TERMS IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF.

Application of Consumer Law

Omnistrat is a workplace tool intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these User Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.

Survival

The sections titled “The Relationship Between You, Customer, and Us,” “Limitation of Liability,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the User Terms.

General Provisions

Email and Omnistrat Messages

Except as otherwise set forth herein, all notices under the User Terms will be by email, although we may instead choose to provide notice to Authorized Users through the Services (e.g., an Omnistrat notification). Notices to Omnistrat should be sent to [email protected], except for legal notices, which must be sent to [email protected]. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.

Privacy Policy

Please review our Privacy Policy for more information on how we collect and use data relating to the use and performance of our products.

Modifications

As our business evolves, we may change these User Terms or the Acceptable Use Policy. If we make a material change to the User Terms or the Acceptable Use Policy, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the User Terms at any time by visiting this page, and by visiting the following for the most current versions of the other pages that are referenced in these User Terms: Acceptable Use Policy and Privacy Policy. Any material revisions to these User Terms will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions.

Waiver

No failure or delay by either party in exercising any right under the User Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

Severability

The User Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the User Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the User Terms will remain in effect.

Assignment

You may not assign any of your rights or delegate your obligations under these User Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these User Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Governing Law; Venue; Fees

The User Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the User Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement.

Each party hereby consents and submits to the exclusive jurisdiction of such courts. In any action or proceeding to enforce rights under the User Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.

Entire Agreement

The User Terms, including any terms incorporated by reference into the User Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these User Terms and any pages referenced in these User Terms, the terms of these User Terms will first prevail; provided, however, that if there is a conflict or inconsistency between the Contract and the User Terms, the terms of the Contract will first prevail, followed by the provisions in these User Terms, and then followed by the pages referenced in these User Terms (e.g., the Privacy Policy). Customer will be responsible for notifying Authorized Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

Contacting Omnistrat

Please also feel free to contact us if you have any questions about Omnistrat’s User Terms of Service. You may contact us at [email protected] or at our mailing address below:

For Customers and Authorized Users who use an account established for Customers in the US and the Rest of the World:

Omnistrat, Inc.
34 Walden St., #204
Concord, MA 01742
USA

Customer-Specific Supplement

Effective: August 31, 2020

The terms of the Customer-Specific Supplement (“Customer-Specific Supplement”) below supplement and amend Customer’s Contract (as defined in our Customer Terms of Service) if Customer falls into the corresponding category of Customer. If there is any conflict between the Customer-Specific Supplement and the Contract, the applicable terms in the Customer-Specific Supplement will prevail. Nothing in this Customer-Specific Supplement makes us a government contractor for any federal, state, local, or foreign government.

I. U.S. Government Customers

II. State or Local Government Customers

III. Healthcare Customers

IV. Patent Assertion Entities


I. U.S. Government Customers

If Customer is a U.S. government or U.S. public entity (or use of the Services is for the U.S. Government), the terms of the Customer-Specific Supplement in this Section I apply.

  • A. Use By or For the U.S. Government. The Services are a “commercial item,” as defined at 48 C.F.R. §2.101, and constitute “commercial computer software” and “commercial computer software documentation,” as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related Documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
  • B. Indemnification, Auto-Renewal, Venue, Legal Fees: The sections in the Contract titled “Governing Law,” “Auto-renewal,” “Venue; Waiver of Jury Trial; Fees,” and “Customer’s Indemnification of Us” are hereby waived to the extent they are inconsistent with federal law.
  • C. No Endorsement: We agree that Customer’s seals, trademarks, logos, service marks, trade names, and the fact that Customer has a presence on one of our Sites and uses our Services, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored or recommended by Customer or by any other element of the U.S. Government, or are considered by Customer or the U.S. Government to be superior to any other products or services. Except for pages whose design and content is under the control of the Customer, or for links to or promotion of such pages, we agree not to display any Customer or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by Customer or by other relevant federal government authority. We may list Customer’s name in a publicly available customer list on a Site or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third-party name.

II. State or Local Government Customers

This Section II applies to Customer if Customer is a state or local government, but only to the extent the Services are being used in an Authorized User’s official capacity as a state or local government official. The sections in the Contract titled “Governing Law,” “Venue; Waiver of Jury Trial; Fees,” and “Customer’s Indemnification of Us” will not apply to Customer only to the extent Customer’s jurisdiction’s laws prohibit Customer from accepting the requirements in those sections.

III. Healthcare Customers

Unless Customer has entered into a written agreement with Omnistrat to the contrary, Customer acknowledges that Omnistrat is not a “Business Associate” as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced (“HIPAA”), and that the Services are not HIPAA compliant. Customer must not use, disclose, transmit or otherwise process any “Protected Health Information” as defined in HIPAA (“PHI”) through the Services. Customer agrees that we cannot support and have no liability for PHI received from Customer, notwithstanding anything to the contrary herein.

IV. Patent Assertion Entities

You agree that if Customer is a Patent Assertion Entity or is acting on behalf of, or for the benefit of a Patent Assertion Entity, Customer will not assert, or authorize, assist, encourage, or enable any third party to assert, any claim, or pursue any actions, suits, proceedings, or demands, against Omnistrat or its affiliates that allege that the Services infringe, misappropriate, or otherwise violate any intellectual property rights (including patents). A “Patent Assertion Entity,” sometimes referred to as a ‘non-practicing entity’ or a ‘patent troll,’ is (a) any entity that derives or seeks to derive most of its revenue from the offensive assertion of patent rights, or (b) directly or indirectly controls, is controlled by, or is under common control with an entity described in (a). This section will survive any termination or expiration of the Contract.

Contacting Omnistrat

Please also feel free to contact us if you have any questions about Omnistrat’s Customer-Specific Supplement. You may contact us at [email protected] or at our mailing address below:

Omnistrat, Inc.
34 Walden St, #204
Concord, MA, 01742
United States

Public Stratstore Directory Agreement

 

Last modified: August 31, 2020

You, on behalf of the individual, company or legal entity that developed the Template for listing on the Public Stratstore Directory (the “Author”) agree to abide by these Public Stratstore Directory Terms (the “Agreement”). References to “you” or “your” will also be deemed references to that individual, company or legal entity.

  1. License Grants

During the Term, you grant to Omnistrat a limited, worldwide, non-exclusive, and royalty-free license to (a) reproduce, perform, display, and use your Template for administrative and demonstration purposes in connection with the operation, improvement and marketing of the Public Stratstore Directory; (b) distribute your Template through the Public Stratstore Directory; and (c) use the trade names, trademarks, service marks, logos, and domain names associated with your Template (collectively, “Your Names”) as a reference for marketing or promotional purposes on and in connection with the Public Stratstore Directory and in other communications with, or promotions for, existing or potential authors, partners and customers about the Public Stratstore Directory. For example, we might include Your Names on the Public Stratstore Directory and in blog posts about the Public Stratstore Directory. Omnistrat will comply with your written trademark usage policies as communicated by you to Omnistrat from time to time.

  1. Rights & Licenses

You represent and warrant that you have all right, title and interest necessary for Omnistrat to distribute your Template, including all intellectual property rights, such as patent, trademark, trade secret, copyright and other proprietary rights, in and to your Template and Your Names. You will not distribute any material through the Public Stratstore Directory that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or has permission from their rightful owner to submit the material.

  1. Omnistrat Brand Guidelines

You acknowledge and agree that Omnistrat does not “certify”, warrant or support the Template. You further represent and warrant that you will not make any externally-facing statements to the contrary, including any statements that imply an Omnistrat endorsement, certification, affiliation or partnership and that you will abide by Omnistrat’s brand guidelines, as updated by Omnistrat from time-to-time, and available by emailing [email protected].

  1. Support

You will be solely responsible for, and Omnistrat will have no responsibility to handle Authorized Users’ issues with your Template. You must supply and maintain valid and accurate contact information that will be displayed in each Template detail page of the Public Stratstore Directory and made available to users for customer support and legal purposes. Failure to provide adequate information or support for your Template may result in low ratings, less prominent placement, or removal from the Public Stratstore Directory.

  1. Review Ratings

The Public Stratstore Directory may allow users to rate and review your Template. Those ratings may be used to determine the placement of your Template on the Public Stratstore Directory, subject to Omnistrat’s ability to change placement at Omnistrat’s sole discretion. If Omnistrat determines, in its sole discretion, that your Template is not meeting acceptable standards, Omnistrat reserves the right to remove your Template from the Public Stratstore Directory.

  1. Indemnity

You agree to indemnify, defend and hold harmless Omnistrat and its representatives, agents and employees from any and all claims, demands, actions, damages (including attorneys’ fees) and obligations of any kind that any third party may have relating to your violation of this Agreement, any dispute between you and a user of your Template, or for Omnistrat’s performance in upholding the terms of this Agreement.

  1. Removals

Omnistrat does not undertake an obligation to monitor your Template or its content, however, Omnistrat may immediately remove your Template from the Public Stratstore Directory if Omnistrat is notified by you or otherwise becomes aware and determines in its sole discretion that any portion of your Template or Your Name (a) violates the intellectual property rights or any other rights of any third party; (b) violates any applicable law or is subject to an injunction; or (c) violates the terms of this Agreement. Omnistrat reserves the right to suspend and/or bar any Author from the Public Stratstore Directory at its sole discretion, without prior notice.

  1. Usage Statistics

In order to improve the Public Stratstore Directory, Omnistrat may collect certain usage statistics from the Public Stratstore Directory about your Template, including but not limited to, information on how the Public Stratstore Directory is being used. The data collected is examined in the aggregate to improve the Public Stratstore Directory and is maintained in accordance with Omnistrat’s Privacy Policy.

  1. Terms

The Agreement commences on the date of acceptance and continues until either party, upon ten (10) days’ prior written notice (via email will suffice), elects in its sole discretion, to discontinue distributing your Template through the Public Stratstore Directory (the “Term”). Following termination, Omnistrat will remove your Template from the Public Stratstore Directory, if you have not done so already, and will cease its use of Your Names.

  1. Authority

You represent and warrant that you have the appropriate authority and permission to enter into this Agreement on behalf of the Author of the Template, that the Author of the Template, if they are not the owner of such Template, has obtained such right from the legal owner.

  1. Modifications

We may change, add to or delete these Public Stratstore Directory Terms or any portion thereof from time to time in our sole discretion. If we make a material change to these Public Stratstore Directory Terms, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Public Stratstore Directory. You acknowledge that these updates and modifications may adversely impact how you access, use, and communicate with the Public Stratstore Directory. If any change in unacceptable to you, then your only recourse is to remove your Template from the Public Stratstore Directory. Your continued listing of the Template on the Public Stratstore Directory will mean that you agree to the updates and modifications.

Service Level Agreement

Effective: August 31, 2020

Omnistrat provides a 99.99% Uptime commitment for customers on paid plans. If we fall short of our 99.99% Uptime commitment and your account is affected, we’ll apply a Service Credit to your account for future use.

SLA breakdown

Downtime

Downtime is the overall number of minutes Omnistrat was unavailable during an Omnistrat annual quarter (i.e., January 1 through March 31 and every three month period thereafter). Omnistrat calculates unavailability using server monitoring software to measure the server-side error rate, ping test results, web server tests, TCP port tests, and website tests.

Downtime excludes the following:

  • Slowness or other performance issues with individual features (link expansions, search, file uploads, etc.)
  • Issues that are related to external apps or third parties
  • Any products or features identified as pilot, alpha, beta or similar
  • External network or equipment problems outside of our reasonable control, such as bad routing tables between your internet service provider (ISP) and our server
  • Scheduled Downtime for maintenance

Uptime Commitment

Uptime is the percentage of total possible minutes Omnistrat was available during an annual quarter. Our commitment is to maintain at least 99.99% Uptime:

[(total minutes in quarter – Downtime) / total minutes in quarter] > 99.99%

Scheduled Downtime

Sometimes we need to perform maintenance to keep Omnistrat working smoothly. If scheduled downtime is necessary, we’ll give you at least 48 hours advance notice. In a year, scheduled downtime won’t exceed 10 hours.

Service Credits

If we fall short of our Uptime commitment, we’ll apply a credit to each affected account equal to 10 times the amount that the account (or, as applicable, org) paid during the period Omnistrat was down (we call these Service Credits).

Service Credits are not refunds, cannot be exchanged into a cash amount, are capped at a maximum of 30 days of paid service, require you to have paid any outstanding invoices and expire upon termination of your customer contract. Service Credits are the sole and exclusive remedy for any failure by Omnistrat to meet its obligations under this SLA.

Note, Downtime doesn’t affect everyone at the same time or in the same way. For example, some accounts may receive Service Credits during an outage in their region, while other accounts in other regions that have not been similarly affected will not.

Updates

As our business evolves, we may change our Service Level Agreement. Customers can review the most current version of the Service Level Agreement at any time by visiting this page.

Data Processing Addendum

*Coming soon*

Omnistrat offers a Data Processing Addendum that supplements the Customer Terms of Service. This addendum reflects our requirements as a processor of Customer Data. Please have an authorized individual execute this agreement using the link below.

Data Processing Addendum Form (coming soon)

Omnistrat also offers a U.S. specific Data Processing Addendum that supplements the Customer Terms of Service. This addendum incorporates the obligations and requirements of the California Consumer Privacy Act. Please have an authorized individual execute this agreement using the link below.

U.S Specific Data Processing Addendum Form (coming soon)

Privacy Policy

Effective: August 31, 2020

This Privacy Policy describes how Omnistrat collects, uses and discloses information, and what choices you have with respect to the information.

When we refer to “Omnistrat”, we mean the Omnistrat entity that acts as the controller or processor of your information, as explained in more detail in the “Identifying the Data Controller and Processor” section below.

Table of Contents:

  • Applicability of this Privacy Policy
  • Information We Collect and Receive
  • How We Use Information
  • Data Retention
  • How We Share and Disclose Information
  • Security
  • Age Limitations
  • Changes to this Privacy Policy
  • Identifying the Data Controller and Processor
  • Your Rights
  • California Privacy Rights
  • Contacting Omnistrat

Applicability Of This Privacy Policy

This Privacy Policy applies to Omnistrat’s online workplace productivity tools and platform, including the associated Omnistrat mobile and desktop applications (collectively, the “Services”), Omnistrat.com and other Omnistrat websites (collectively, the “Websites”) and other interactions (e.g., customer service inquiries, user conferences, etc.) you may have with Omnistrat. If you do not agree with the terms, do not access or use the Services, Websites or any other aspect of Omnistrat’s business.

This Privacy Policy does not apply to any third-party applications or software that integrate with the Services through the Omnistrat platform (“Third Party Services”), or any other third-party products, services or businesses. In addition, a separate agreement governs delivery, access and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through Services accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls its instance of the Services (its “Account”) and any associated Customer Data. If you have any questions about specific Account settings and privacy practices, please contact the Customer whose Account you use. If you have an Account, you can check the Settings “gear” for contact information of your Account administrator(s). If you have received an invitation to join an Account but have not yet logged in, you should request assistance from the Customer that sent the invitation.

Information We Collect And Receive

Omnistrat may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:

  • Customer Data. Customers or individuals granted access to an Account by a Customer (“Authorized Users”) routinely submit Customer Data to Omnistrat when using the Services.
  • Other Information. Omnistrat also collects, generates and/or receives Other Information:
    1. Authorized Users and Account Information. To create or update Authorized Users for an Account, you or your Customer (e.g., your employer) supply Omnistrat with an email address, phone number, password, biography, domain and/or similar account details. In addition, Customers that purchase a paid version of the Services provide Omnistrat (or its payment processors) with billing details such as credit card information, banking information and/or a billing address.
    2. Usage Information.
      • Services Metadata. When an Authorized User interacts with the Services, metadata is generated that provides additional context about the way Authorized Users work. For example, Omnistrat logs the Account, plans, people, features, content and links you view or interact with, the types of files shared, and what Third Party Services or Templates are used (if any).
      • Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
      • Device information. Omnistrat collects information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
      • Location information. We receive information from you, your Customer and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Omnistrat may also collect location information from devices in accordance with the consent process provided by your device.
    3. Cookie Information. Omnistrat uses cookies and similar technologies in our Websites and Services to help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services. For more details about how we use these technologies, and your opt-out opportunities and other options, please see our Cookie Policy.
    4. Third Party Services. A Customer can choose to permit or restrict Third Party Services for its Account. Typically, Third Party Services are software that integrate with our Services, and a Customer can permit its Authorized Users to enable and disable these integrations for its Account. Omnistrat may also develop and offer Omnistrat applications that connect the Services with a Third Party Service. Once enabled, the provider of a Third Party Service may share certain information with Omnistrat. For example, if a cloud storage application is enabled to permit files to be imported to an Account, we may receive the user name and email address of Authorized Users, along with additional information that the application has elected to make available to Omnistrat to facilitate the integration. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to Omnistrat. When a Third Party Service is enabled, Omnistrat is authorized to connect and access Other Information made available to Omnistrat in accordance with our agreement with the Third Party Provider and any permission(s) granted by Customer (including, by its Authorized User(s)). We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.
    1. Contact Information. In accordance with the consent process provided by your device, any contact information that an Authorized User chooses to import (such as an address book from a device) is collected when using the Services.
    2. Third Party Data. Omnistrat may receive data about organizations, industries, lists of companies that are customers, Website visitors, marketing campaigns and other matters related to our business from parent corporation(s), affiliates and subsidiaries, our partners, or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate-level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.
    3. Additional Information Provided to Omnistrat. We also receive Other Information when submitted to our Websites or in other ways, such as if you participate in a focus group, contest, activity or event, apply for a job, enroll in a certification program or other educational program hosted by Omnistrat or a vendor, request support, interact with our social media accounts or otherwise communicate with Omnistrat.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as Account setup details, is not provided, we may be unable to provide the Services.

How We Use Information

Customer Data will be used by Omnistrat in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Omnistrat is a processor of Customer Data and Customer is the controller. Customer may, for example, use the Services to grant and remove access to an Account, assign roles and configure settings, access, modify, export, share and remove Customer Data and otherwise apply its policies to the Services.

Omnistrat uses Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. More specifically, Omnistrat uses Other Information:

  • To provide, update, maintain and protect our Services, Websites and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends and other activities, or at an Authorized User’s request.
  • As required by applicable law, legal process or regulation.
  • To communicate with you by responding to your requests, comments and questions. If you contact us, we may use your Other Information to respond.
  • To develop and provide search, learning and productivity tools and additional features. Omnistrat tries to make the Services as useful as possible for specific Account and Authorized Users. For example, we may improve search functionality by using Other Information to help determine and rank the relevance of content, Templates or expertise to an Authorized User, make Services or Third Party Service suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Services experience, or create new productivity features and products.
  • To send emails and other communications. We may send you service, technical and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about Omnistrat. These are marketing messages so you can control whether you receive them. If you have additional questions about a message you have received from Omnistrat please reach out through the contact mechanisms described below.
  • For billing, account management and other administrative matters. Omnistrat may need to contact you for invoicing, account management, and similar reasons and we use account data to administer accounts and keep track of billing and payments.
  • To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so that it is no longer reasonably associated with an identified or identifiable natural person, Omnistrat may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

Data Retention

Omnistrat will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. Depending on the Services plan, Customer may be able to customize its retention settings and apply those customized settings at the Account level, channel level or other level. Customer may also apply different settings to messages, files or other types of Customer Data. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information. For more detail, please review the *Help Center or contact Customer. Omnistrat may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for Omnistrat to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes, and enforce our agreements.

How We Share And Disclose Information

This section describes how Omnistrat may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and Omnistrat does not control how they or any other third parties choose to share or disclose Information.

  • Customer’s Instructions. Omnistrat will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and in compliance with applicable law and legal process.
  • Displaying the Services. When an Authorized User submits Other Information, it may be displayed to other Authorized Users in the same or connected Account. For example, an Authorized User’s email address may be displayed with their Account profile. Please consult the *Help Center for more information on Services functionality.
  • Collaborating with Others. The Services provide different ways for Authorized Users to collaborate, such as Omnistrat Socialstrat panels or email interoperability. Other Information, such as an Authorized User’s profile Information, may be shared, subject to the policies and practices of the other Account(s).
  • Customer Access. Owners, administrators, Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Other Information. This may include, for example, your employer using Service features to export logs of Account activity, or accessing or modifying your profile details. For information about your Account settings, please see the *Help Cneter.
  • Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services, or we may share business information to develop strategic partnerships with Third Party Service providers to support our common customers. Additional information about the subprocessors we use to support delivery of our Services is set forth at Omnistrat Subprocessors.
  • Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. We require each Third Party Service to disclose all permissions for information access in the Services, but we do not guarantee that they do so. When enabled, Omnistrat may share Other Information with Third Party Services. Third Party Services are not owned or controlled by Omnistrat and third parties that have been granted access to Other Information may have their own policies and practices for its collection, use, and sharing. Please check the permissions, privacy settings, and notices for these Third Party Services or contact the provider for any questions.
  • Corporate Affiliates. Omnistrat may share Other Information with its corporate affiliates, parents and/or subsidiaries.
  • During a Change to Omnistrat’s Business. If Omnistrat engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Omnistrat’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities, some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.
  • Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective Omnistrat customer the average amount of time spent within a typical Account.
  • To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process. Please see the Data Request Policy to understand how Omnistrat responds to requests to disclose data from government agencies and other sources.
  • To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of Omnistrat or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.
  • With Consent. Omnistrat may share Other Information with third parties when we have consent to do so.

Security

Omnistrat takes security of data very seriously. Omnistrat works hard to protect Other Information you provide from loss, misuse, and unauthorized access or disclosure. These steps take into account the sensitivity of the Other Information we collect, process and store, and the current state of technology. Given the nature of communications and information processing technology, Omnistrat cannot guarantee that Information during transmission through the Internet or while stored on our systems or otherwise in our care will be absolutely safe from intrusion by others. When you click a link to a third-party site, you will be leaving our site and we don’t control or endorse what is on third-party sites.

Age Limitations

To the extent prohibited by applicable law, Omnistrat does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with personal data, please contact us and we will take steps to delete such information.

Changes To This Privacy Policy

Omnistrat may change this Privacy Policy from time to time. Laws, regulations, and industry standards evolve, which may make those changes necessary, or we may make changes to our services or business. We will post the changes to this page and encourage you to review our Privacy Policy to stay informed. If we make changes that materially alter your privacy rights, Omnistrat will provide additional notice, such as via email or through the Services. If you disagree with the changes to this Privacy Policy, you should deactivate your Services account. Contact the Customer if you wish to request the removal of Personal Data under their control.

Identifying The Data Controller And Processor

Data protection law in certain jurisdictions differentiates between the “controller” and “processor” of information. In general, Customer is the controller of Customer Data. In general, Omnistrat, Inc., a US company based in Concord, MA is the controller of Other Information and a processor of Customer Data relating to Authorized Users who use Account established for Customers in the US and the Rest of the World.

Your Rights

Individuals located in certain countries, including the European Economic Area and the United Kingdom, have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact the Customer who controls your Account for additional access and assistance. Please check the Settings “gear” for Customer administrator contact information.

To the extent that Omnistrat’s processing of your Personal Data is subject to the General Data Protection Regulation (or applicable laws covering the processing of Personal Data in the United Kingdom), Omnistrat relies on its legitimate interests, described above, to process your data. Omnistrat may also process Other Information that constitutes your Personal Data for direct marketing purposes, and you have a right to object to Omnistrat’s use of your Personal Data for this purpose at any time.

Your California Privacy Rights

This section provides additional details about the personal information we collect about California consumers and the rights afforded to them under the California Consumer Privacy Act or “CCPA.”

For more details about the personal information we have collected over the last 12 months, including the categories of sources, please see the Information We Collect And Receive section above. We collect this information for the business and commercial purposes described in the How We Use Information section above. We share this information with the categories of third parties described in the How We Share and Disclose Information section above. Omnistrat does not sell (as such term is defined in the CCPA) the personal information we collect (and will not sell it without providing a right to opt out). Please note that we do use third-party cookies for our advertising purposes as further described in our Cookie Policy.

Subject to certain limitations, the CCPA provides California consumers the right to request to know more details about the categories or specific pieces of personal information we collect (including how we use and disclose this information), to delete their personal information, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

California consumers may make a request pursuant to their rights under the CCPA by contacting us at [email protected]. We will verify your request using the information associated with your account, including email address. Government identification may be required. Consumers can also designate an authorized agent to exercise these rights on their behalf.

Contacting Omnistrat

Please also feel free to contact Omnistrat if you have any questions about this Privacy Policy or Omnistrat’s practices, or if you are seeking to exercise any of your statutory rights. Omnistrat will respond within a reasonable timeframe. You may contact us at [email protected] or at our mailing address below:

For Customers and Authorized Users who use Account established for Customers in the US and Canada:

Omnistrat, Inc.
34 Walden Street, #204
Concord, MA, 01742
United States

Acceptable Use Policy

 

Last Updated: September 1, 2020

This Acceptable Use Policy sets out a list of acceptable and unacceptable conduct for our Services. If we believe a violation of the policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access. This policy may change as Omnistrat grows and evolves, so please check back regularly for updates and changes. Capitalized terms used below but not defined in this policy have the meaning set forth in the User Terms of Service.

Do:

  • comply with all User Terms of Service, including the terms of this Acceptable Use Policy;
  • comply with all applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including, but not limited to, the U.S. Securities and Exchange Commission, and any rules of any national and other securities exchanges;
  • upload and disseminate only Customer Data to which Customer owns all required rights under law and under contractual and fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) and do so only consistent with applicable law;
  • use commercially reasonable efforts to prevent unauthorized access to or use of the Services;
  • keep passwords and all other login information confidential;
  • monitor and control all activity conducted through your account in connection with the Services;
  • promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your accounts or teams, including any loss, theft, or unauthorized disclosure or use of a username, password, or account; and
  • comply in all respects with all applicable terms of the third-party applications, including any that Customer elects to integrate with the Services that you access or subscribe to in connection with the Services.

Do Not:

  • permit any third party that is not an Authorized User to access or use a username or password for the Services;
  • share, transfer or otherwise provide access to an account designated for you to another person;
  • use the Services to store or transmit any Customer Data that may infringe upon or misappropriate someone else’s trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
  • upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Omnistrat or any third party;
  • attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
  • attempt to gain unauthorized access to the Services or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
  • access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
  • use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
  • engage in activity that incites or encourages violence or hatred against individuals or groups;
  • impersonate any person or entity, including, but not limited to, an employee of ours, an “Administrator”, an “Owner”, or any other Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;
  • use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;
  • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
  • send unsolicited communications, promotions or advertisements, or spam;
  • place any advertisements within an Omnistrat client, with the exception of Stratstore author profiles or templates, which may describe or link to commercial products or services being offered by the template authors;
  • upload templates to the public Stratstore that provide inadequate value to Authorized Users or their successful implementation is dependent on or requires additional software, materials or services that are not clearly disclosed in the template description;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • abuse referrals or promotions to get more credits than deserved;
  • sublicense, resell, time share or similarly exploit the Services;
  • use the Services for consumer purposes, as Omnistrat is intended for use by businesses and organizations;
  • access or use the Services on behalf of, or for the benefit of, any Patent Assertion Entity (as defined in the Customer-Specific Supplement);
  • use contact or other user information obtained from the Services (including email addresses) to contact Authorized Users outside of the Services without their express permission or authority or to create or distribute mailing lists or other collections of contact or user profile information for Authorized Users for use outside of the Services; or
  • authorize, permit, enable, induce or encourage any third party to do any of the above.

Contacting Omnistrat

Please also feel free to contact us if you have any questions about Omnistrat’s Acceptable Use Policy. You may contact us at [email protected] or at our mailing address below:

Omnistrat, Inc.
34 Walden Street, #204
Concord, MA, 01742
United States

Data Request Policy

 

Effective: September 1, 2020

Omnistrat receives requests from government agencies, users, and other third parties to disclose data other than in the ordinary operation and provision of the Services. This Data Request Policy outlines Omnistrat’s policies and procedures for responding to such formal requests for Customer Data. Any capitalized terms used in this Data Request Policy that are not defined will have the meaning set forth in the Customer Terms of Service. In the event of any inconsistency between the provisions of this Data Request Policy and the Customer Terms of Service or written agreement with Customer, as the case may be, the Customer Terms of Service or written agreement will control.

Requests for Customer Data by Individuals

Third parties seeking Customer Data should contact the Customer regarding such requests. The Customer controls the Customer Data and generally gets to decide what to do with all Customer Data.

Requests for Customer Data by Legal Authority

Omnistrat is committed to the importance of trust and transparency for the benefit of our Customers. Except as expressly permitted by the Contract or as described in this policy, Omnistrat will only disclose Customer Data in response to valid legal process. Omnistrat requires a search warrant issued by a court of competent jurisdiction or the equivalent legal process in the applicable jurisdiction to disclose the contents of Customer Data. Omnistrat does not voluntarily disclose any data to governmental entities unless (a) there is an emergency involving imminent danger of death or serious physical injury to any person, or (b) to prevent harm to the Services or Customers. Omnistrat also does not voluntarily provide governments with access to any data about users for surveillance purposes.

  • All requests by governmental entities or parties involved in litigation seeking content data associated with Customers who are under contract with Omnistrat, Inc. a U.S. company, should be sent to [email protected].
  • All requests should include the following information: (a) the requesting party, (b) the relevant criminal or civil matter, and (c) a description of the specific Customer Data being requested, including the relevant Customer’s name and relevant Authorized User’s name (if applicable), and type of data sought.

Requests should be prepared and served in accordance with applicable law. All requests should be focused on the specific Customer Data sought. All requests will be construed narrowly by Omnistrat, so please do not submit unnecessarily broad requests. If legally permitted, Customer will be responsible for any costs arising from Omnistrat’s response to such requests.

Customer Notice

Unless Omnistrat is prohibited from doing so or there is a clear indication of illegal conduct or risk of harm, Omnistrat will notify Customer of the request before disclosing any of Customer’s Customer Data so that the Customer may seek legal remedies. If Omnistrat is legally prohibited from notifying the Customer prior to disclosure, Omnistrat will take reasonable steps to notify the Customer of the demand after the nondisclosure requirement expires. In addition, if Omnistrat receives legal process subject to an indefinite non-disclosure requirement (including a National Security Letter), Omnistrat will challenge that non-disclosure requirement in court.

Domestication and International Requests

Omnistrat requires that any individual or entity issuing legal process or legal information requests (e.g., discovery requests, warrants, or subpoenas) ensure that the process or request is properly domesticated. For data stored in the United States, Omnistrat does not accept legal process or requests directly from law enforcement entities outside the U.S. or Canada. Foreign law enforcement agencies seeking data stored within the U.S. should proceed through a Mutual Legal Assistance Treaty or other diplomatic or legal means to obtain data through a court where Omnistrat is located. Requests directed to Omnistrat, Inc. must be issued out of or domesticated in the U.S.

Omnistrat Subprocessors

 

Effective: September 1, 2020

To support delivery of our Services, Omnistrat, Inc. may engage and use data processors with access to certain Customer Data (each, a “Subprocessor“). This page provides important information about the identity, location and role of each Subprocessor. Terms used on this page but not defined have the meaning set forth in the Customer Terms of Service or superseding written agreement between Customer and Omnistrat (the “Agreement“).

Third Parties

Omnistrat currently uses third party Subprocessors to provide infrastructure services, and to help us provide customer support and email notifications. Prior to engaging any third party Subprocessor, Omnistrat performs diligence to evaluate their privacy, security and confidentiality practices, and executes an agreement implementing its applicable obligations.

Infrastructure Subprocessors

Omnistrat may use the following Subprocessors to host Customer Data or provide other infrastructure that helps with delivery of our Services:

Entity NameSubprocessing ActivitiesEntity Country
GoogleCloud Service ProviderUnited States
StripePayment GatewayUnited States, European Union
ZohoCRMUnited States, India
AmplitudeProduct AnalyticsUnited States
ChargebeeSubscription ManagementIndia
KinstaCloud Service ProviderUnited States
Lucky OrangeProduct AnalyticsUnited States
ZendeskCustomer SupportUnited States

Updates

As our business grows and evolves, the Subprocessors we engage may also change. We will endeavor to provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement, along with posting such updates here. Please check back frequently for updates.