Holographic, Inc. is a digital badge platform/SaaS service that enables providers to create and issue digital badges and digital rewards to their users/members. The Service is designed to help organizations recognize and incentivize their users/members for their achievements, skills, and contributions. Users/members can claim and display their badges on their profiles, resumes, or social media accounts, showcasing their skills and accomplishments to the world.
By using the Service, you acknowledge that Holographic, Inc. is not responsible for the accuracy, reliability, or legality of any user-generated content, third-party content, or links posted on the Service. You also acknowledge that Holographic, Inc. may use third-party service providers to host, store, and process the content and data related to the Service, and that Holographic, Inc. cannot guarantee the security, reliability, or availability of these services.
The Service is intended for use by providers who have purchased a subscription to create and issue digital badges and digital rewards, and users/members who use the Service to claim these badges. The Service is not intended for use by children under the age of 13, and we do not knowingly collect personal information from such children. If you are under 13 years of age, please do not use the Service.
Holographic, Inc. reserves the right to modify, suspend, or discontinue the Service at any time, with or without notice. We may also update this Agreement from time to time, and your continued use of the Service after such updates will constitute your acceptance of the revised Agreement.
We hope you find the Service useful and enjoyable, and if you have any questions, comments, or feedback, please contact us at the email address provided at the end of this document.
Subject to your compliance with this Agreement, Holographic, Inc. grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or internal business purposes, as applicable. You may not use the Service for any other purpose without the prior written consent of Holographic, Inc..
You may not copy, modify, distribute, sell, transfer, or create derivative works based on the Service or any part thereof, unless expressly permitted by Holographic, Inc. in writing. You may not reverse engineer, decompile, or disassemble the Service, except to the extent that such activity is expressly permitted by applicable law.
You are solely responsible for your use of the Service and any content or data that you post, upload, or transmit through the Service. You may not use the Service to engage in any illegal, harmful, or fraudulent activity, or to infringe upon the intellectual property or other rights of Holographic, Inc. or any third party.
Holographic, Inc. reserves the right to terminate your license to use the Service at any time, with or without notice, if you breach this Agreement or engage in any unauthorized use of the Service. Upon termination, you must immediately cease all use of the Service and any related content or data.
All rights not expressly granted to you under this Agreement are reserved by Holographic, Inc. and its licensors.
Holographic, Inc. provides a digital badge and reward creation platform that allows Providers to create and issue digital badges and digital rewards. Users/Members can claim these badges on the Holographic, Inc. website or through APIs provided by Holographic, Inc..
The following terms and conditions ("Terms") govern use of all content, services, and products (the "Service") provided by Holographic, Inc. ("COMPANY") and available on the Holographic, Inc. website including but not limited to websites and applications (the "Site"). The Service is owned and operated by COMPANY. The Site is intended to be used by users ("User" or "Users") in connection with the Services.
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on the Site (collectively, the "Agreement").
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to this Agreement, in which case the terms "you" or "your" shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Service.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OUR SITE OR USING THE SERVICE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BECOME BOUND BY THIS AGREEMENT. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.
If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by COMPANY, acceptance is expressly limited to these terms.
COMPANY may act as a venue for Providers to create and issue digital badges and digital rewards on the Site. COMPANY is not a party to any actual agreement or transaction between Providers and Members. As a result, COMPANY has no control over the accuracy or correctness of the content or information provided or used by such Providers and Members. Any part of an actual or potential transaction between a Provider and a Member, including the condition, quality, safety of the services advertised, the truth or accuracy of the service (including the content thereof or any review related thereto), the ability of Providers to provide services, or the ability of Members to claim digital badges and digital rewards are solely the responsibility of each User.
In order to use our Site, you must be a human being. Accounts registered by "bots" or other automated methods are not permitted.
Each account may be only used by one person, and you may only have one account. If it is discovered that you have registered multiple accounts, are sharing accounts with another individual, or are otherwise accessing the Site through an account that is not your own, all accounts affected by such use shall be terminated.
You are responsible for maintaining the security of your account and password. Our company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify our company of any unauthorized uses of your account, or any other breaches of security. Our company will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). No matter what else is said in these Terms or anywhere else within the Services, you expressly acknowledge that you have no right, title, or interest to or in any account you create through our Services, and your account is not your property.
By using the Site, you warrant and represent that you are at least 13 years of age and otherwise legally competent to read, understand and accept the provisions of this Agreement. If you are under 13 years of age, you must not use any part of the Site, create an account, or submit any personal information to our company through the Site.
Our company may remove Content that violates the Agreement at its sole discretion. Removing Content or terminating an account are not actions our company takes lightly, and we may take a while to investigate and determine if such actions are warranted. It is at our company's sole discretion whether to discuss the reasons for taking action against any Content or account.
We reserve the right to withdraw or amend our Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
By using this Site and our services, you grant COMPANY permission to contact you through email, messaging, or other electronic or non-electronic means for any purpose, including marketing and promotional materials.
We provide various interactive services on our Site, including but not limited to chat rooms, bulletin boards, feeds, public profiles, and other communication tools. We will take reasonable endeavors to assess any possible risks for Users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant Service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the Service is moderated or not. Should a difficulty arise, the user should contact us by emailing email@example.com immediately.
We value your contributions to our Site and welcome your feedback, comments, and suggestions. However, we ask that you follow these guidelines when creating or sharing any user-generated content on our Site:
By submitting any user-generated content to our Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, copy, modify, distribute, publish, and process the content in any media format, now known or hereafter developed, for any purpose related to the Site and our business. You also agree to waive any moral rights in the content.
When you use our services, we may collect certain personal information from you, such as your name, email address, and location. We may also collect information about your use of our services, such as your browsing history and device information. We use this information to provide and improve our services, to personalize your experience, and to communicate with you.
We take appropriate measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. We also take steps to ensure that any third-party service providers who may handle your personal information on our behalf are GDPR compliant.
Please note that when you share badges or other content created on our platform with others, you are responsible for ensuring that you have the necessary rights to do so. We are not responsible for any unauthorized sharing of content that may occur outside of our platform.
If you make (or allow any third party to make) material available through the Site (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
As a User, you may deactivate your account at any time. Personally, identifying information such as your name, username, and profile photo will no longer be associated with Content you have posted.
You agree to pay COMPANY's fees indicated for the Service. When payments begin, they will be charged on monthly basis and will cover the use of the Service for the period as indicated. Fees are non-refundable.
In order to use certain Site Services, you must provide account information for at least one valid payment method.
You hereby authorize COMPANY, to run credit card authorizations on all credit cards provided by you, to store credit card and banking or other financial details as your method of payment consistent with our Customer Privacy Statement, and to charge your credit card (or any other payment method) for the Fees and any other amounts owed under the Agreement. To the extent permitted by applicable law and subject to our Customer Privacy Statement, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your payment method information.
By providing payment method information through the Site and authorizing payments with the payment method, you represents, warrants, and covenants that: (a) you are legally authorized to provide such information; (b) you are legally authorized to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by the company or person to use the payment method to make payments; and (d) such actions do not violate the terms and conditions applicable to your use of such payment method(s) or applicable law.
All of the fees are not non-refundable. Requests for refunds will be reviewed and determined on a case-by-case basis. COMPANY reserves the right, in its reasonable discretion, to refuse to refund fees.
COMPANY respects copyright law and expects its users to do the same. It is COMPANY's policy to terminate in appropriate circumstances users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Site, its entire contents, features and functionality and any Services offered or provided contain COMPANY's proprietary materials such as logos, text, software, photos, video, graphics, music and sound. COMPANY, its licensors, successors and assigns, is the owner or licensee of all such proprietary material and all intellectual property rights therein, including without limitation, copyrights and trademarks and such rights are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. In using the Site or Services, you agree not to upload, download, distribute, or reproduce in any way any such proprietary materials without obtaining COMPANY's prior consent.
These Terms permit you to use the Site for personal and non-commercial use, as well as for commercial use if you are using the Site as part of an organization or for work purposes. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
You must not:
If you wish to make any use of material on the Site other than that set out in this section, please address your request to email.
We reserve the right to modify the Agreement at any time and modified terms are effective upon posting to the Site. We will make reasonable efforts to inform you of these changes via our website, email or through the Service. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. COMPANY may also, in the future, offer new services and/or features including the release of new tools and resources. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Users may request data related to their personal account and group(s) respectively. COMPANY has the right to refuse repetitive or technically difficult requests.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
IN NO EVENT WILL COMPANY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE TO ANY PARTY FOR:
You agree to indemnify, release, defend and hold harmless COMPANY and its directors, officers, agents and employees (collectively, the "COMPANY parties") from any claims, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties and other costs or expenses, of any kind or nature, including but not limited to reasonable legal and accounting fees (collectively, the "claims"), known and unknown, arising out of or in any way connected with such disputes, including, without limitation, disputes arising over breach of this agreement, breach of any separate agreement or transaction, and/or the substitution of units. Further, you hereby agree to indemnify, release, defend and hold harmless the COMPANY parties from any claims brought as a result of your (1) breach of the terms, (2) violation of any law or the rights of a third party, and (3) use of this Site and the Services.
This Agreement constitutes the entire agreement between COMPANY and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of COMPANY, or by the posting by COMPANY of a revised version. Any and all disputes arising of this Agreement, termination, or our relationship with you shall be determined by applying laws of the State of Delaware.
If any part of this Agreement is held invalid or unenforceable, that part will be struck, 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 not assign your rights under this Agreement without written consent from COMPANY; COMPANY 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.
Dispute resolution and arbitration
By using this Site, you agree that any and all disputes, claims or controversies that you may have against COMPANY arising out of or relating to or connected in any way to (i) your use of this Site (ii) any services obtained from or provided by COMPANY or (iii) this Agreement (including the interpretation and scope of this clause and the arbitrability of the dispute), shall be resolved exclusively by mandatory, binding arbitration initiated through and administered by the American Arbitration Association ("AAA"). You further agree that arbitration will be conducted by a single arbitrator pursuant to the applicable Rules and Procedures established by AAA, and that any arbitration proceeding, if necessary, will be held in Delaware or at such other location as may be mutually agreed upon by COMPANY and you. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitrator shall apply Delaware law consistent with the Federal Arbitration Act and shall honor claims of privilege recognized at law. In order to initiate arbitration with the AAA, you may be responsible for paying a filing fee to the AAA, however, in the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, COMPANY will reimburse as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. There will be no right or authority for any claims to be arbitrated on a class action or representative basis. YOU UNDERSTAND AND AGREE THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION. You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator, and not a judge or jury.
All claims you bring against COMPANY must be resolved in accordance with this arbitration provision. All claims filed or brought by you contrary to this provision will be considered improperly filed and void. Should you file a claim contrary to this arbitration provision, COMPANY will notify you in writing of the improperly filed claim, and you must promptly withdraw the claim. If you fail to promptly withdraw the claim after receiving written notice from COMPANY, COMPANY may recover its reasonable attorneys' fees and costs incurred to enforce this arbitration provision.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). COMPANY 's address for Notice is 548 Market St, Suite #99712 San Francisco 94104 CA.
The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or COMPANY may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you, or COMPANY shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision was not contained herein.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
This Agreement constitutes the entire agreement between COMPANY and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized agent/employee of COMPANY, or by the posting by COMPANY of a revised version.
The terms of this Agreement shall be construed in accordance with the substantive laws of the State of Delaware, United States of America, without giving effect to the principles of conflict or choice of law of such state. The original form of this Agreement has been written in English. The parties hereto waive any statute, law, or regulation that might provide an alternative law or forum or might require this Agreement to be written in any language other than English. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods.
If any part of this Agreement is held invalid or unenforceable, that part will be struck, 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 not assign your rights under this Agreement without written consent from COMPANY; COMPANY 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.
COMPANY may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your use of all or any portion of the Services if you breach the Terms, or at any time or for any reason, at the sole discretion of COMPANY.
No joint venture, partnership, employment, or agency relationship exist between you, COMPANY or any third-party provider as a result of this Agreement or use of the Service.
COMPANY shall not be liable for any delay or failure to perform in connection with any Services, Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, or any other cause which is beyond the control of COMPANY . COMPANY is hereby released by you from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org