Terms of Use

These Terms of Use ("Terms") govern your use of the free services, software and website (the "Service") provided by Retrium, Inc. ("Retrium"). Our Privacy Policy explains the way we collect and use your information. By using the Service you agree to be bound by these Terms and our Privacy Policy. If you're using our Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, "you" or "your" refers to that Organization. If you become a paid subscriber to Retrium, then your use of the Service will be governed by our Subscription Agreement.

Your Retrium Account

You may need to register for a Retrium account in order to fully access the Service. Any registration information that you provide to us must be accurate, current, and complete. You must also update your information so that we may send notices, statements, and other information to you.

You may only register for a single Retrium account and all Retrium accounts are granted to a single individual and may not be shared, without our prior express written permission.

You are responsible for maintaining the security of your account, and 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 Retrium of any unauthorized uses of your account or any other breaches of security. Retrium 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 must ensure that you keep your login information, including your password, strictly confidential and not share such information with any unauthorized person.

You may never use another user's account.

You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.


Access to the Service

As part of the Service, we may provide client software (the "Software") for your use in connection with the Service. So long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between Retrium and You, Retrium retains all right, title and interest in the Software.

The Service is not intended for use by persons under the age of 13. By using the Service, you are representing to us that you are over the age of 13.


Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.


Product Improvements

We are always striving to improve the Service. In order to do so, we measure, analyze, and aggregate how users interact with the Service, such as usage patterns and characteristics of our user base. We collect and use analytics data regarding the use of the Service as described in our Privacy Policy.


Your Data

"Your Data" means any data, content, code, video, images, or other materials of any type that you upload, submit, or otherwise transmit to or through Retrium and/or the Service. You will retain all right, title, and interest in and to Your Data in the form provided to Retrium. Subject to these Terms, you hereby grant to Retrium a nonexclusive, worldwide, royalty-free right to collect, use, copy, store, transmit, modify, and create derivative works of Your Data, in each case solely to the extent necessary to provide the applicable services on the Service. Retrium may also access your account and Your Data in order to respond to your support requests.


Security

Retrium implements security procedures to help protect Your Data from security attacks. However, you understand that the use of the Service necessarily involves transmission of Your Data over networks that are not owned, operated, or controlled by us, and we are not responsible for any of Your Data that is lost, altered, intercepted, or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmission of Your Data will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.


Responsibility for Your Data

You must ensure that your use of Retrium and all Your Data is at all times compliant with all applicable local, state, federal, and international laws and regulations ("Laws"). You represent and warrant that: (i) you have obtained all necessary rights, releases, and permissions to provide all Your Data to Retrium and to grant the rights granted to Retrium in these Terms and (ii) Your Data and its transfer to and use by Retrium as authorized by you under these Terms do not violate any Laws (including without limitation to those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorized herein is not inconsistent with the terms of Retrium's Privacy Policy. Retrium assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.


Sensitive Data

You will not submit to Retrium: (i) any personally identifiable information, except as necessary for the establishment of your Retrium account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, "Sensitive Data"). You also acknowledge that Retrium is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that Retrium is not HIPAA compliant. "HIPAA" means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, Retrium has no liability under these Terms for Sensitive Data.


Removals and Suspension

Retrium has no obligation to monitor any content uploaded to the Service, including Your Data. Nonetheless, if we deem such action necessary based on your violation of these Terms or in response to takedown requests that we receive we may (1) remove Your Data from the Service or (2) suspend your access to Retrium. We will generally alert you when we take such action and give you a reasonable opportunity to cure your breach, but if we determine that your actions endanger the operation of Retrium or its users, we may suspend your access immediately without notice. We have no liability to you for removing or deleting Your Data from or suspending your access to Retrium as described in this section.


Restricted Use

You may not use the Service to substantially replicate products or services offered by Retrium. If Retrium believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the Service may be temporarily or permanently revoked, with or without notice.


Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Service links, and that link to the Service. Retrium does not have any control over those non-Retrium websites and webpages, and is not responsible for their contents or their use. By linking to a non-Retrium website or webpage, Retrium does not represent or imply that it endorses such website or webpage. Retrium disclaims any responsibility for any harm resulting from your use of non-Retrium websites and webpages.

Intellectual Property

These Terms do not transfer from Retrium to you any Retrium or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Retrium. Retrium, the Service, the Retrium logo, and all other trademarks, service marks, graphics and logos used in connection with Retrium or the Service are trademarks or registered trademarks of Retrium or Retrium's licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Retrium or third-party trademarks.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.


Changes

Retrium reserves the right, at its sole discretion, to modify or replace any part of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. Retrium may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms.

Termination

You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. Retrium may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.


Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER RETRIUM NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE SERVICE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK.

The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.


Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RETRIUM, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT RETRIUM HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. RETRIUM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED $100.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Retrium's Privacy Policy, with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.


Indemnification

You agree to defend, indemnify and hold harmless Retrium, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of and access to the Service or the Software, or from or in connection with Your Data, including but not limited to (i) your violation of these Terms and (ii) any claim brought by a third party alleging that Your Data infringes or misappropriates the intellectual property rights of a third party or violates applicable law.


Dispute Resolution and Governing Law

Except to the extent applicable law, if any, provides otherwise, these Terms, any access to or use of the Service will be governed by the laws of the state of Maryland, 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 Montgomery County, Maryland. 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 these Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Montgomery County, Maryland, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms shall be entitled to costs and attorneys' fees. If any part of these Terms 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 these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and Retrium concerning the Service. These Terms replace any prior or contemporaneous agreements applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. Retrium's failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.


Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

This Privacy Policy describes Retrium's practices regarding the collection, use and disclosure of the information we collect from and about you when you use Retrium's applications (the "Service"). We take our obligations regarding your privacy seriously and have made every effort to draft this Privacy Policy in a manner that is clear and easy for you to understand. By accessing or using the Service, you agree to this Privacy Policy and our Terms of Service.

Information You Provide To Us

If you choose to create a Retrium account, we may collect Personal Information including, but not limited to, your name and email address. We may also automatically use your email address to find a publicly available profile photo using services like Gravatar. The term Personal Information means information that may be used to readily identify or contact you as an individual person, such as: name, address, email address, or phone number. Personal Information does not include information that has been anonymized such that it does not allow for the ready identification a specific individual.

If you are a user of our paid premium service, we will utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address and phone number. We will share this payment information with the third party processing company as detailed below in "Protection of Certain Personally-Identifying Information." We do not store your payment information.

Your Content

Your use of the Service will involve you uploading or inputting various content into the Service. Such content may include Personal Information or other sensitive information that you choose to include.

We may, from time to time, collect other data that you voluntarily submit to our website through your participation in surveys, contests, promotions, sweepstakes, activities, events, customer support requests, and communications with us through our site or through third party social media.

Retrium may view your Content only as necessary (i) to maintain, provide and improve the Service; (ii) to resolve a support request from you; (iii) if we have a good faith belief, or have received a complaint alleging, that such Content is in violation of our Terms of Service or Subscription Agreement; (iv) as reasonably necessary to allow Retrium to comply with or avoid the violation of applicable law or regulation; or (v) to comply with a valid legal subpoena or request.

Information Collected Via Technology

We automatically collect certain information via technology:

  • Log Files. When you use the Service, our servers automatically record certain non-personally-identifying information on server logs, such as your web request, the browser type, language preference, referring site, Internet protocol ("IP") address, exit pages and URLs, number of clicks and how you interact with links on the service, domain names, landing pages, pages viewed, mobile carrier, date and time stamp information and other such information. Retrium's purpose in collecting non-personally identifying information is to better understand how Retrium's visitors use its website and to help us improve the Service.
  • Location Information. We may collect and process information about the location of the device from which you are accessing the Service. Location data may convey information about how you browse the Service and may be used in conjunction with personally identifiable information. You can disable location based services in settings associated with the Service; however please be aware that some features of the Service may not function properly if location services are turned off.
  • Cookies. Retrium uses cookies, pixel tags and web beacons to help us identify and track visitors, their usage of the Retrium website, and their website access preferences. Retrium visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Retrium's website, with the drawback that certain features of Retrium's website may not function properly without the aid of cookies. We do not currently recognize or respond to browser-initiated Do Not Track signals that provide a method to opt out of the collection of information about online activities over time and across third-party websites or online services as there is no consistent industry standard for compliance.
  • Information from third party services. Retrium also obtains information from third parties and combines that with information we collect. Retrium may have access to certain information from a third party social media or authentication service if you log into Retrium through the service or otherwise provide us with access to information from that service. Retrium will never access more information from the third party service than is required in order to perform the relevant function. For example, in order to authenticate a user using Google Apps, Retrium will only access the user’s email address and basic profile information. By authorizing us to connect with a third party service, you authorize us to access the information that the third party service makes available to us, and to use and disclose it in accordance with this Privacy Policy. You should check your privacy settings on these third party services to understand and change the information sent to us through these services.

Statistics and Analytics

We collect analytics information when you use our website to help us improve our product. The analytics information we collect includes elements of content related to the function you are performing. For example, we record information related to the retrospectives you run, including but not limited to the system-generated identifier of the retrospective and the name of the technique used.

As of the date this policy went into effect, we use Google Analytics as an analytics provider. To learn more about the privacy policy of Google Analytics, refer to Google's Policies and Principles. Use the Google Analytics Opt-out Browser Add-on to prevent analytics information from being sent to Google Analytics.

Analytics information also consists of data we collect as a result of running queries against content across our user base for the purposes of generating Anonymous Usage Data. "Anonymous Usage Data" is aggregated data about a group or category of services, features or users that does not contain Personal Information. For example, we may run queries to determine the most common retrospective techniques that users use. We primarily use this Anonymous Usage Data to analyze request and usage patterns so that we may provide, maintain, protect and enhance our products and services, though we reserve the right to use Anonymous Usage Data for any purpose and disclose Anonymous Usage Data to third parties in our sole discretion.

Though we may happen upon sensitive or Personal Information as we compile Anonymous Usage Data, this is a byproduct of our efforts to understand broader patterns and trends. It is not a concerted effort by us to examine the content of any particular customer or user.

Protection of Certain Personally-Identifying Information

Retrium will not rent or sell your Personal Information to anyone. Retrium will not share your Personal Information with third parties without your consent other than:

  • Trusted Third Party Service Providers. With trusted third parties we hire to perform certain business-related services, but only to the extent needed to enable them to provide such services. The types of companies that may receive Personal Information and their functions are: mail services (hard copy and email); hosting services; database management/back-up services; monitoring services; customer support and customer relationship management services; accounting services; and payment processors. All such third parties function as our agents, performing services at our instruction and on our behalf pursuant to contracts which require they provide at least the same level of privacy protection as is required by this Privacy Policy and implemented by Retrium. You may opt out of having your Personal Information transferred to any or all of our categories of agents by contacting us at privacy@retrium.com. Please allow us a reasonable time to process your request.
  • Lawful Requests. To comply with laws or to respond to lawful requests, including for the purpose of meeting national security or law enforcement requirements. We may also disclose Personal Information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas;
  • Protection of Rights and Property. To protect the rights and property of Retrium, our agents, customers and others including to enforce our agreements, policies and terms of use;
  • Emergency. In an emergency, including to protect the personal safety of any person; and
  • Corporate Restructuring. For the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or dissolution transaction or proceeding). In the event of an insolvency, bankruptcy, or receivership, Personal Information may also be transferred as a business asset. If another company acquires our company, business or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Policy.

How We Protect Your Information

The security of Your Data and Personal Information is important to us. Retrium takes reasonable steps to help protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration and destruction. Retrium uses commercially reasonable and industry-standard physical, managerial, and technical safeguards to preserve the integrity and security of your information. For example, we continuously and regularly back up your data to help prevent data loss and aid in data recovery. We also guard against common web attack vectors, host data in secure SSAE 16 audited data centers, and implement firewalls and access restrictions on our servers to secure our network and better protect your information.

If you have any questions about security on our Service, you can view our Security Overview Page.

How We May Contact You

If you provide your email address to us, we may occasionally send you an email to tell you about new features, solicit your feedback, or just to keep you up to date with what's going on with Retrium and our products. You may opt out of receiving these emails by following the instructions in the emails. If you opt out, we may still send you non-promotional emails, such as emails about your Retrium account or our ongoing business relationship.

If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. All feedback will be anonymized so that it cannot be associated to the user and Customer.

Links to Other Web Sites

We are not responsible for the practices employed by websites linked to from within the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect and your activities on that third party website is subject to such third party website’s own rules and policies.

Our Policy Towards Children

Retrium is not intended to be used by individuals under 13 years of age. We do not knowingly collect Personal Information from children under 13. If we become aware that a child under 13 has provided us with Personal Information, we will take steps to delete such information. If you become aware that a child has provided us with Personal Information, please contact our Support Services.

International Data Transfer

Our servers are located in the United States (US). If you are located outside of the US, please be aware that any information provided to us, including Personal Information, will be transferred from your country of origin to the US. Except in the case of data transfers under the EU-US Privacy Shield, your decision to provide such data to us, or allow us to collect such data it through our Website or the Services, constitutes your consent to this data transfer.

Important Notice for Residents of the European Economic Area

Retrium complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Information from the EU. Retrium has certified that it adheres to the Privacy Shield principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, Recourse, Enforcement and Liability, and the Supplemental Principles (the “Privacy Shield Principles”). If there is a conflict between this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. We are committed to applying the Privacy Shield Principles to all Personal Information received from the EU, Iceland, Liechtenstein and Norway (referred to herein as the “EU”) in reliance upon the Privacy Shield. To learn more about the Privacy Shield program, and to view our certification page, please visit: https://www.privacyshield.gov.

Retrium’s accountability for Personal Data that it receives under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Retrium remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Retrium proves that it is not responsible for the event giving rise to the damage.

Retrium is subject to the investigatory and enforcement powers of the Federal Trade Commission. We are committed to resolving complaints from EU data subjects pursuant to the Recourse, Enforcement and Liability Principle.

In compliance with the EU-US Privacy Shield Principles, Retrium commits to resolve complaints about your privacy and our collection or use of your Personal Information.  EU individuals with inquiries or complaints regarding this Privacy Policy should first contact Retrium at privacy@retrium.com.

Retrium has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to BBB PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by Retrium, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint. If these processes do not result in a resolution, you may also contact your local data protection authority, the US Department of Commerce, and/or the Federal Trade Commission for assistance. If your complaint still remains unresolved, then you have the right to invoke binding arbitration by the Privacy Shield Panel upon written notice to Retrium at privacy@retrium.com. Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

Access to Personal Information

Upon request to privacy@retrium.com, we will provide you with confirmation as to whether we are processing your Personal Information, and have the data communicated to you within a reasonable time. You have the right to access, correct, amend or delete your Personal Information where it is inaccurate or has been processed in violation of this Privacy Policy. We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests.

Your Choices

If you wish to stop receiving e-mails from us, please send us a message via privacy@retrium.com. You may also choose to unsubscribe from our emails by following the instructions in the bottom of the email. You may opt out at any time from the use of your Personal Information for direct marketing purposes by contacting us at privacy@retrium.com. Please allow us a reasonable time to process your request.

Privacy Policy Changes

We may change this Privacy Policy from time to time and at our sole discretion. Changes to this Privacy Policy are effective when they are posted on this page. We encourage you to frequently check and review our Privacy Policy to stay informed about our information practices and the ways you can help protect your privacy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change. If you disagree with any changes to this Privacy Policy, you will need to stop using Retrium and deactivate your account.