Terms and Conditions for design.efficiently "Application"
Last updated June 25, 2024
.efficiently Application – License Agreement, Privacy and Cookie Policy
This License Agreement (“Agreement”) is entered into by and between Efficiently LLC, a Delaware corporation (“efficiently”), having its principal place of business at 506 2nd Ave Suite 1400, #9001, Seattle, WA, 98104, and you, the “User.” By accessing or using efficiently’s web application (the “Application”), you agree to be bound by the terms and conditions of this Agreement.
1. Grant of License
.efficiently hereby grants the User a non-exclusive, revocable, and non-transferable right to use the Application. Use of the Application is restricted solely to employees of the User or other persons duly authorized by the User. The organization administrator may invite users to the organization, and each user will provide a unique username and password. Each unique username and password may be used to access the Application by only one person.
2. User Responsibilities
The User agrees to use the Application only for lawful purposes and in accordance with this Agreement. The User is responsible for maintaining the confidentiality of their username and password and for all activities that occur under their account. The User agrees to notify Efficiently immediately of any unauthorized use of their account.
3. Intellectual Property Protection
User Ownership of Intellectual Property: The User retains all rights, title, and interest in and to any plans, documents, designs, drawings, or other materials (collectively, “User Content”) that they upload or otherwise make available through the Application. efficiently acknowledges that it does not own any rights to User Content and will not claim any ownership or rights to User Content except as expressly provided in this Agreement.
License to efficiently: By uploading User Content to the Application, the User grants efficiently a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute the User Content solely for the purpose of operating, maintaining, and improving the Application. This license does not grant efficiently any rights to sell, sublicense, or otherwise distribute User Content outside of the Application’s intended use.
Confidentiality: .efficiently agrees to treat User Content as confidential and will not disclose it to any third party without the User’s prior written consent, except as required to comply with applicable laws or as necessary to provide the Application’s services. efficiently will implement reasonable security measures to protect User Content from unauthorized access, use, or disclosure.
Protection of User Content: .efficiently will not modify, adapt, or create new works based on the User Content (collectively, “derivative works”) without the User’s explicit permission. Users are responsible for ensuring that their User Content does not infringe upon the intellectual property rights of any third party. efficiently will promptly notify the User of any unauthorized use or breach of User Content that it becomes aware of.
4. Use of AI Engine
Reference to User Content: .efficiently may use its AI engine to reference User Content for the purpose of providing enhanced services, such as analysis, recommendations, works or improvements. This use is limited to the functionalities provided by the Application and will not result in the creation of derivative works unless explicitly permitted or requested by the User.
Data Processing: The AI engine may process User Content to generate insights or suggestions that are intended to benefit the User. This processing will be performed in a manner that maintains the confidentiality and integrity of the User Content.
User Consent: By using the Application, the User consents to the processing of their User Content by the AI engine as described in this Agreement.
5. Trial Period and Subscription
Each user will be provided with a trial period to evaluate the Application. During this trial period, they will initially be subscribed as a “Trial” user, and no user charges will apply. After the trial period, the user will be deemed an “Active” user. At the beginning of each organization’s monthly user anniversary date, the user will be charged for the subsequent month in advance. If a user cancels their subscription, full access will remain until the next anniversary date (paid period). After their paid period, they will be deemed an “Inactive” user. An inactive user will have view-only access for a period of 12 months. At any time during these 12 months, they can reactivate their status by making a payment.
6. Service Interruptions
.efficiently shall not be responsible for delays or service interruptions attributable to causes beyond its reasonable control, including limitations on the availability of telephone transmission lines and facilities, failures of other communications equipment, Internet access delays or failures, failures or deficiencies of the User’s equipment, or the User’s failure to meet its responsibilities under this Agreement.
7. Support and User Assistance
User Assistance: AIf the User requires assistance with uploading, configuring, or using the Application, the User may request support from the .efficiently support. This assistance may involve direct access to the User’s instance of the Application or handling specific User data necessary to provide the requested support.
Grant of Access: By requesting such support, the User explicitly grants efficiently and its designated support personnel limited access to their Application instance and the necessary User data to perform the support services. This access is granted solely for the purpose of providing the requested support and will be conducted in accordance with the highest standards of data protection and security.
Scope of Access: The User will grant access through their profile settings for a period set by the User. The User can extend or cancel the access at any time. .efficiently’s access will be strictly limited to the duration necessary to resolve the User’s specific issue or complete the requested tasks or training. .efficiently agrees to access only the minimum amount of User data and system functionality necessary to provide the support or training services requested by the User.
Data Handling:
Confidentiality: .efficiently will treat all User data accessed during the support process as confidential information. .efficiently will not use such data for any purpose other than to provide the requested support services.
Data Protection: .efficiently will implement appropriate technical and organizational measures to protect User data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
Revocation of Access: The User may revoke .efficiently’s access rights at any time by changing the access settings in the Application. Upon revocation or completion of the support services, .efficiently will cease access to the User’s Application instance and ensure that any User data held temporarily for support purposes is securely deleted or returned to the User, as per the User’s instructions.
8. Termination
.efficiently may terminate this Agreement at any time if the User breaches any of the terms and conditions of this Agreement. Upon termination, the User must cease all use of the Application.
9. Disclaimer of Warranties
The Application is currently in “BETA” and is provided “as is” and .efficiently makes no representations or warranties of any kind, express or implied, as to the operation of the Application or the information, content, materials, or products included on the Application. To the full extent permissible by applicable law, .efficiently disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
10. Limitation of Liability
.efficiently will not be liable for any damages of any kind arising from the use of the Application, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
11. Governing Law
12. Entire Agreement
13. Amendments
.efficiently reserves the right to modify this Agreement at any time. The User will be notified of any changes to this Agreement, and continued use of the Application after any such changes shall constitute the User’s consent to such changes. Access to a copy of the current terms and conditions are available at design.efficiently.com/terms
14. Privacy Policy
Collection of Information: .efficiently may collect personal information from the User during the registration process and while using the Application. This information may include, but is not limited to, the company name, address, User’s name, email address, phone number, and billing information. efficiently also collects information about the User’s interactions with the Application, such as usage data and preferences.
Use of Information: The information collected by efficiently is used to provide, maintain, and improve the Application, as well as to communicate with the User regarding updates, promotional offers, and other relevant information. .efficiently may also use the information to analyze trends and usage patterns to enhance the User experience.
Sharing of Information: .efficiently will not share personal information with third parties without the User’s consent, except as required by law or as necessary to provide the Application’s services. .efficiently may share aggregated, non-identifiable information with third parties for research and analysis purposes.
Data Security: .efficiently implements reasonable security measures to protect personal and company organizational information from unauthorized access, use, or disclosure. Despite these measures, no method of transmission over the Internet or electronic storage is completely secure, and efficiently cannot guarantee absolute security.
User Rights: The User has the right to access, update, or delete their personal information by contacting efficiently’s support team. The User may also opt-out of receiving promotional communications at any time.
Changes to Privacy Policy: .efficiently reserves the right to update this privacy policy at any time. The User will be notified of any changes, and continued use of the Application after such changes will constitute the User’s acceptance of the updated policy.
15. Cookie Policy
Use of Cookies: .efficiently uses cookies and similar tracking technologies to monitor the interactions of users with the Application and to store preferences related to user activities. Cookies are small data files that are stored on the User’s device.
Purpose of Cookies: Cookies help .efficiently enhance user experience by maintaining session information, improving site navigation, and offering personalized content. They also aid in statistical analysis and marketing efforts.
User Control of Cookies: Users have the option to configure their browser settings to reject cookies. However, disabling cookies may interfere with some parts of the Application’s functionality.
Third-Party Cookies: The Application may include third-party services, which could use cookies to provide services that support the Application’s functionalities. These third-party cookies are managed by the respective services, and users should refer to the third parties’ privacy policies for more information.
Consent to Use Cookies: By using the Application, the User consents to the use of cookies as described in this Cookie Policy. If the User does not agree to our use of cookies, they should adjust their browser settings accordingly or refrain from using the Application.
By using the Application, the User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement, the Privacy Policy, and the Cookie Policy.
design.efficiently is a division of .efficiently
For more info go to efficiently.com