Terms of Service
The following terms and conditions (“Terms”) govern all use of the cincher.io and app.cincher.io websites (“Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Cincher’s Privacy Policy) and procedures that may be published from time to time by Cincher (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
We refer to Cincher LLC as “Cincher” or “we” throughout this agreement.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Cincher, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older (16 years or older in the European Union).
We reserve the right to modify this Agreement at any time. If we do modify this Agreement, you will be required to accept the most recent version of the Agreement the next time you log in. Your continued access or use of the Service will constitute your acceptance of the newest version of the Agreement.
1. Description of Services
The "Service" means the hosted eDiscovery solution for online storage, sharing and processing of files, documents, materials, images, videos, or other content, including all updates, modifications, and enhancements thereto, as made generally available by cincher during the Term ("Service"). Under this Agreement, all information, data and materials uploaded or stored in the Service, or otherwise disclosed to Cincher, by you or your Users (as defined below) shall be referred to as "Hosted Data." For purposes of this Service, your Hosted Data includes, without limitation, all uploaded & created data post extraction and processing.
In order to use the service, a browser such as Firefox, Google Chrome, Safari, Edge or Opera is required (sorry all you IE lovers out there). Additionally, an internet connection is also required. If you attempt to access the Service through a non-supported browser, you may not have an optimal experience.
2. Acceptable Use Policy
What you are responsible for.
By registering for and using the Service you agree that you alone are responsible for the following:
Your acceptance and compliance, and that of your users’ to this agreement
Taking appropriate security precautions to prevent unauthorized access to your and your users’ accounts.
Complying with any applicable state, federal, international, or corporate laws, regulations, and ordinances as it pertains to your use and you Users’ use of the Service.
All activity occurring in you account, whether by you or you Users
Restrictions
You certify that you and your Users will not:
Use the Service in any manner or for any purpose other than as expressly permitted by this Agreement;
Sell, resell, assign, sublicense, distribute, publish, transfer, rent, lease or otherwise make available access to the Service without our prior express written consent;
Modify, copy, alter, tamper with, repair or otherwise create derivative works or improvements of the Service;
Remove, delete, obscure or alter any proprietary right notice on or in connection with the Service
Use the Service to store, input, upload or transmit Hosted Data (i) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, or (ii) that violates the intellectual property rights or privacy rights of a third party;
Use the Service to store, input, upload or transmit malicious code, viruses, Trojan horses, or worms that may damage our computer systems;
Use the Service to send unsolicited or unauthorized junk mail or spam;
Damage, destroy, disable, impair, interfere with or disrupt the integrity or performance of the Service, Site or third-party data contained therein;
Interfere with other users’ use of the Service;
Use the Service to illegally attempt to access, acquire or otherwise obtain data to which you are not legally entitled;
Attempt to gain unauthorized access to or bypass or breach any security device or protection used by the Service or related systems or networks;
Access or use the Service in a way intended to avoid incurring fees or to exceed usage limits or quotas;
Reverse engineer the user interface design, workflow, or features of the Service, or any software contained therein, or attempt to discover or recreate the source code to any of the foregoing;
Access the Service or take screenshots or video of the Site for the purpose of building a competitive product or service or copying its features or user interface or in order to share the information with one of our competitors or a company seeking to build a similar service;
Impersonate or misrepresent any individual or company; or
Use the Service to infringe the copyrights or other intellectual property rights of third parties.
Notification of Unauthorized Use.
You will immediately notify us of any actual or threatened unauthorized use of or access to your account, your Hosted Data or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use or threatened activity and to mitigate its effects. Additionally, you will provide us with such cooperation and assistance related to any such unauthorized use as we may reasonably request. Notification of such unauthorized use or other security concerns should be reported to Cincher at security@cincher.io.
3. Hosted Data
You have and will retain sole responsibility for: (a) all Hosted Data, including exported data generated by use of the Service; (b) all information, instructions and materials provided by you or on your behalf or any User in connection with the Services; (c) the security and use of your and your Users’ account access credentials; and (e) all access to and use of the Services directly or indirectly by or through the your systems or your or your Users" account access credentials, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.
You shall employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to: (a) securely administer the distribution and use of all account access credentials and protect against any unauthorized access to or use of the Services; and (b) control the content and use of Hosted Data, including the uploading or other provision of Hosted Data for processing by the Services.
Our Privacy Policy can be found at: https://cincher.io/privacy, and is hereby incorporated into this Agreement by reference. The Privacy Policy explains how we use and collect your information. Your use of the Service signifies your acknowledgment of and agreement with the Privacy Policy. We shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of Hosted Data, including encryption of Hosted Data at rest and in transmission (using TLS or similar technologies).
Subject to the terms of this Agreement, we shall use commercially reasonable efforts to process Hosted Data in accordance with the normal functions of the Service. Notwithstanding the foregoing, you understand and acknowledge that due to file type, file corruption, encryption, or automatic image conversion issues, there may be times when: (a) Hosted Data cannot be extracted and processed; (b) a certain amount of Hosted Data may not be suitable or available for extraction from text, metadata or other information; or (c) file images may not correctly format when image files are created from native documents for purposes of review or production (collectively, "Exception" or "Exceptions"). You understand and acknowledge that such Exceptions may limit the function of any searching, filtering or other analysis of the Hosted Data within the Service. Additionally, you understand that in data processing sometimes data is lost or damaged. You will be responsible for and shall maintain adequate back-up and archival copies of all Hosted Data. We shall bear no liability with respect to any of Hosted Data that is lost or damaged as a result of the data processing.
4. Ownership
As between You and Cincher, You are and will remain the sole and exclusive owner of all right, title and interest in and to all Hosted Data. However, in order to provide the Service to you, we may have to access and use Hosted Data. We may also use Hosted Data for the purpose of generally improving the Service as well as for developing and distributing general benchmarks or statistics pertaining to the Service, provided Hosted Data is used in the aggregate and is in anonymized form. You hereby irrevocably grant all such rights and permissions in or relating to Hosted Data as are necessary or useful for cincher and its authorized third parties and its personnel to enforce this Agreement and exercise their rights and perform their obligations hereunder.
We own and will retain all right, title, and interest in and to the Service, the Site, our Confidential Information, and the Feedback including all intellectual property rights contained therein. If you or your Users provide any ideas, suggestions or recommendations to us regarding the Service ("Feedback"), we shall be free to retain, use and incorporate such Feedback in our products and/or services, without payment of royalties or other consideration to you. You hereby unconditionally and irrevocably grant to us an assignment of all right, title and interest in and to the Feedback, including all intellectual property rights contained therein.
You may not modify, publish, transmit, reproduce, create derivative works or improvements from, distribute, display, incorporate into another web site, or in any other way exploit the Service or the Site, in whole or in part, without prior written permission from us.
The Service and Site contains valuable trademarks owned and used by us to distinguish our services from those of others. The Service and Site may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with permission of their respective owners. We do not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing in the Service or Site. You agree not to use or display trademarks without our prior written consent or the consent of the owner of such mark.
5. Fees, Payment, and Renewal.
Fees. Some of our Services are offered for a fee — such as our aptly named ‘free’ account, while other Services require payment (“Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you for in regular intervals (such as monthly, annually, or biennially), until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Payments are due within seven (7) days of the billing date. If payment is not received in thirty (30) days of the billing date, we reserve the right to suspend or discontinue use of your account until we receive payment in full. If payment is not received within sixty (60) days from the billing date, we reserve the right to terminate your account and delete all of your Hosted Data.
If payment is late, we reserve the right to charge interest at the rate of twelve percent (12%) per annum or the highest legal rate, whichever is lower, calculated from the due date until the date that payment is received in full.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed from one month to the next. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). Your Paid Services are renewed for the same interval of time. For example, if you purchase a WordPress.com annual plan, you will be charged each year.
No Refunds. All fees associated with the Service are non refundable.
Fee Changes. We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.
6. Intellectual Property.
This Agreement does not transfer from Cincher to you any Cincher or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Cincher. Cincher, Cincher.io, the Cincher logo, and all other trademarks, service marks, graphics and logos used in connection with Cincher.io or our Services, are trademarks or registered trademarks of Cincher or Cincher’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Cincher or third-party trademarks. We own and will retain all right, title, and interest in and to the Service, the Site, our Confidential Information, and the Feedback including all intellectual property rights contained therein.
7. Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
8. Termination.
Cincher may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Cincher account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided “as is.” Cincher and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cincher nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, remember to call your mom. She misses you. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York County, New York.
11. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
12. Limitation of Liability.
In no event will Cincher, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cincher under this Agreement during the twelve (12) month period prior to the cause of action. Cincher shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You represent and warrant that your use of our Services:
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
14. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Cincher reserves the right to terminate accounts or access of those in the event of a breach of this condition.
15. Indemnification.
You agree to indemnify and hold harmless Cincher, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of this Agreement, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
16. Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
17. Miscellaneous.
This Agreement constitutes the entire agreement between Cincher and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cincher, or by the posting by Cincher of a revised version.
Any use of or access to third-party software shall be subject to the license terms and conditions of such third-party software.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cincher may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If you read all the way here, you deserve this.