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.
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.
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.
"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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
We automatically collect certain information via technology:
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.
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.
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:
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.
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.
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.
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.
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.
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 firstname.lastname@example.org. 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.
If you wish to stop receiving e-mails from us, please send us a message via email@example.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 firstname.lastname@example.org. Please allow us a reasonable time to process your request.