RealTheory

User Terms

Welcome to RealTheory! These are the User Terms that apply to you and your use of RealTheory. “We”, “our” and “us” refers to RealTheory Inc.

This is a legal agreement between you and us. We will do our best to explain everything in a way that is easy to understand. If you have any questions, let us know by contacting us at CustomerSuccess@RealTheory.io. The Cloud Terms of Service that are legally binding between your employer or organization that invited you to join RealTheory is bound by a separate Customer “Contract”.

By accessing or using the RealTheory websites owned or operated by us and the RealTheory Cloud Products, and related Support (collectively, “Services”), you acknowledge and agree to be bound by these User Terms, including by reference, the RealTheory Privacy Policy and RealTheory Acceptable Use Policy. If you do not agree please do not use the RealTheory Services. It is ultimately your choice and we fully respect your decision. We are always learning and growing by engaging with customers like you, so if you have ideas on what might improve these User Terms, or any of our Policies please let us know at CustomerSuccess@RealTheory.io.

If you access or use the Services, or continue accessing or using the Services after being notified of a change to these User Terms or the Acceptable Use Policy, or the RealTheory Privacy Policy, your continued use confirms that you have read, understand and agree to be bound by the User Terms, the Acceptable Use Policy and the RealTheory Privacy Policy. RealTheory is 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 you were invited to join a domain in RealTheory, the domain you are joining will be considered your organization for the purposes of this agreement, and the person, company, or organization administering the domain will be considered the Customer. The Customer and the Customer assigned Administrator(s) of your account in RealTheory controls your use of that RealTheory domain. Each Customer can assign more than one Administrator to a domain. The Customer may be your employer. Your use of the Services may be subject to your organization's policies, if any. Please direct your privacy inquiries, including any data subject requests, to the Administrator of your organization. Any content that you submit or upload to the Services may be retained, accessed, used, modified, shared, or removed by the party that administers the RealTheory domain you are accessing and using.

The Administrator of the organization you are joining may (i) control and administer your account, including modifying and terminating your access and (ii) access and process your data, including the contents of your communications and files. Your profile data, including but not limited to your name, your profile picture, signup date, your email, your title, the team you are on and any other profile data may be visible to the Administrator and other users of the Services within your organization.

You are responsible for and must have sufficient authority to take all actions that are performed on or through your RealTheory account, including any procurement or use of third party products or services and associated disclosure of data in connection with the RealTheory domain.

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 END 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 END 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 END USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. REALTHEORY 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.

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.

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, the Privacy Policy or any of our other policies

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, End 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.

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

Waiver

No failure or delay by either party in exercising any right under these 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.

Notices about these User Terms

Except as otherwise set forth herein, all notices under the User Terms will be by email or by notice through your RealTheory account. 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 the Customer in accordance with the terms of that agreement.

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 End Users of those conflicts or inconsistencies and until such time the terms set forth herein will be binding.

Contacting RealTheory

Please contact us if you have any questions about RealTheory’s User Terms of Service or anything to do with our Services. You may contact us at Legal@RealTheory.io or at our mailing address below:

RealTheory, Inc., (Atlanta Financial Center) 3343 Peachtree Rd NE Ste. 145-544 Atlanta GA 30326 USA

Have a great day! RealTheory

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