TERMS & CONDITIONS

Terms of Use

Welcome to CYACrisis (“CYACrisis “, “we”, or “us”), a collaboration tool designed to leverage the power of ChatGPT for crisis response and communication. These Terms of Use (“Terms”) govern your access to and use of the CYACrisis website, services, purchased products and applications (collectively, the “Service”). The Service is owned by the joint venture called CYACrisis.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Service.

1. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2. Accounts

To use the Service, you must create an account (“Account”) by providing accurate and complete information. You are responsible for maintaining the confidentiality of your Account information and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account.

3. License and Payment

Subject to your compliance with these Terms and payment of the applicable fees, CYACrisis grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Products for your internal business purposes. Your purchase of CYACrisis Services covers your use of the CYACrisis platform and associated products for a one year time period. However, you are responsible for any additional costs associated with your responses including the impact of unintended consequences.

4. Restrictions

You may not:

a. Use the Service for any illegal purpose or in violation of any applicable laws or regulations.

b. Use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material.

c. Use the Service for any purposes other than those specifically authorized in these Terms.

5. Ownership

The Service, a communications tool enabling crisis response utilizing ChatGPT (owned by OpenAI), and all associated intellectual property rights, including but not limited to text, graphics, logos, copyrighted material and software, remain the exclusive property of CYACrisis and its licensors. You acknowledge and agree that your rights in or to the Service are limited to the license granted under these Terms.

6. User Content

Users can input data into the Services and receive generated output in return. Input and output are collectively referred to as “Content”. Users own all Input and are responsible for it, but we assign all rights to Output to the user as long as they comply with the Terms.

OpenAI (owner of ChatGPT) does not use API Content to improve its services but may use Non-API Content from services other than API to improve its services.

Please review OpenAI terms of use for further information regarding user content: https://openai.com/policies/terms-of-use

7. Privacy

Our collection, use, and disclosure of your personal information are governed by our Privacy Policy. Please read our Privacy Policy carefully to understand our practices regarding your personal information.

8. Termination

CYACrisis may terminate or suspend your access to the Service at any time, with or without notice, for any reason, including but not limited to your violation of these Terms. Upon termination, all rights and licenses granted to you under these Terms will immediately cease.

9. Disclaimers and Limitation of Liability

The service is provided “as is” and “as available,” without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. CYACrisis does not warrant that the service will be uninterrupted, error-free, or secure.

In no event shall CYACrisis, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with the service, whether in contract, tort (including negligence), or otherwise, even if CYACrisis has been advised of the possibility of such damages.

In no event shall CYACrisis‘s aggregate liability for all claims relating to the service exceed the amounts paid by you to CYACrisis.

10. Indemnification

You agree to defend, indemnify, and hold harmless CYACrisis, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including but not limited to any copyright, property, or privacy right.

11. Governing Law and Jurisdiction

The laws of the state of Minnesota and the country of the United States of America shall apply to the issues not settled in this contract, related to the implementation and interpretation of these General Terms and Conditions.

12. Changes to Terms

CYACrisis reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will give reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

13. Miscellaneous

These Terms, along with the Privacy Policy, constitute the entire agreement between you and CYACrisis concerning the service and supersede any prior or contemporaneous agreements, communications, or proposals. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law. CYACrisis’ failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact

If you have any questions or concerns regarding these Terms, please contact us at info@cyacrisis.com. 

 Last Revised: March 15, 2024

PRIVACY & DATA RETENTION

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

We collect personal information that you voluntarily provide to us when you register for our products and services, express an interest in obtaining information about us or our products and services, when you participate in activities on the services, or otherwise when you contact us.

Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the services, the choices you make, and the products and features you use. The personal information we collect may include the following:

  • name

  • email address

  • billing address

  • openai api key

Sensitive Information. We do not process sensitive information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number, and the security code associated with your payment instrument. Payment data is processed on Squarespace.  

All personal information that you provide to us must be true, complete, and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

We automatically collect certain information when you visit, use, or navigate the services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our services, and other technical information. This information is primarily needed to maintain the security and operation of our services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:

  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called “crash dumps”), and hardware settings).

  • Device Data. We collect device data such as information about your computer, phone, tablet, or other device you use to access the services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

  • Location Data. We collect location data such as information about your device’s location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the services.

2. HOW DO WE PROCESS YOUR INFORMATION?

We process your personal information for a variety of reasons, depending on how you interact with our services, including:

  • To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.

  • To save or protect an individual’s vital interest. We may process your information when necessary to save or protect an individual’s vital interests.

3. WHAT LEGAL BASES DO WE RELY ON TO PROCESS YOUR INFORMATION?

We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

4. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We may share information in specific situations described in this section and/or with the following categories of third parties.

Vendors, Consultants, and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors, or agents (“third parties“) who perform services for us or on our behalf and require access to such information to do that work. We have contracts in place with our third parties, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct. The categories of third parties we may share personal information with are as follows:

  • Ad Networks

  • Cloud Computing Services

  • Data Analytics Services

  • Data Storage Service Providers

  • Finance & Accounting Tools

  • Payment Processors

  • Performance Monitoring Tools

  • Social Networks

  • Retargeting Platforms

  • Sales & Marketing Tools

  • Testing Tools

  • User Account Registration & Authentication Services

  • Website Hosting Service Providers

We also may need to share your personal information in the following situations:

  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.

6. HOW LONG DO WE KEEP YOUR INFORMATION?

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

7. HOW DO WE KEEP YOUR INFORMATION SAFE?

We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

8. WHAT ARE YOUR PRIVACY RIGHTS?

In some regions (like the EEA, UK, Switzerland, California and Canada), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by emailing info@cyacrisis.com.

We will consider and act upon any request in accordance with applicable data protection laws.

Withdrawing your consent: If we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us at info@cyacrisis.com.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. 

9. DO WE MAKE UPDATES TO THIS NOTICE? 

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

10. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at info@cyacrisis.com.

11. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

You have the right to request access to the personal information we collect from you, change that information, or delete it. To request to review, update, or delete your personal information, please visit: info@cyacrisis.com

Last revised: March 15, 2024