Terms of Service
Compliance Made Easy, LLC, DBA CertifyOS, Inc., (hereinafter “CertifyOS”, “our”, or “we”) operates and maintains the website located at https://www.certifyos.com/ (the “Site”) and the related services (the “Services”) it provides. CertifyOS also operates and maintains the application software Platform (the “Platform). Before using CertifyOS’ Site and Services, we advise you to read these Terms and Conditions carefully, as it constitutes a binding agreement between CertifyOS and you from the time the Site is accessed.
If CertifyOS chooses to modify its Terms and Conditions, we will post those changes to our Site and any other places we deem necessary and appropriate. CertifyOS reserves the right to modify its Terms and Conditions at any time, so please review it frequently. Your access to and use of the Site is subject to the following terms and conditions (interchangeably “Terms and Conditions”, “Terms”, or “Agreement”) and all applicable laws. By accessing the Site, you accept CertifyOS’ Terms and Conditions and you acknowledge that any other agreements between you and CertifyOS are superseded and of no force and effect, with respect to the subject matter addressed herein.
Acceptance of Terms and Conditions
To use our Site and Services, you must first agree to the Terms and Conditions. You accept the Terms by clicking on a button indicating your acceptance, or by using our Services and accessing this Site.
By accepting these Terms and Conditions, you represent that you have the legal power to do so. If using our Services on behalf of an organization, (a) “you” and “your” will refer to that organization, (b) you agree to these Terms on behalf of that organization and you represent that you have the authority to do so, and (c) you shall be responsible for ensuring that each of your end users complies with the terms, conditions and obligations set forth in this Agreement.
You may not use our Services and may not accept the Terms if you are barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. If you represent an organization, you will ensure that: (a) your end users do not use the Services in violation of any export restriction or embargo by the United States, and (b) you do not provide access to the Services to persons or entities on any restricted lists.
Account Management and Security
Use and/or purchase of our Services requires that you register and create an account (“Account”). To register and create an Account, you must select an account designation, you must select an account designation and password. In consideration of the use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and account access within the CertifyOS Platform User Request form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CertifyOS has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, CertifyOS has the right to refuse any and all current or future use of our Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. The Platform requires strong passwords for user access. CertifyOS strongly encourages users to use a secure password manager instead of writing passwords with an unsecure method. You agree to (a) immediately notify CertifyOS of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including but not limited to loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. CertifyOS will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. If you become aware of any unauthorized use of your password or account, you agree to inform CertifyOS immediately by contacting us by email at email@example.com.
This Site contains information, content, services and software including, without limitation, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (hereinafter the “Content”.) Everything located on or in this Site is either (1) the exclusive property of CertifyOS; (2) used with the permission of the copyright and/or trademark owner; or (3) part of the public domain. This Content is copyrighted as a collective work under the U.S. copyright laws, and CertifyOS owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Except as otherwise expressly stated in this agreement, any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site, without express permission from CertifyOS, is strictly prohibited.
You agree to indemnify, hold harmless, and defend CertifyOS and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to:
- your use of and access to our Site, Services or Platform;
- your violation of any aspect of these Terms;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your actions caused damage to a third-party.
This defense and indemnification obligation will survive these Terms and your use of our Site and Services.
This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate, at your expense, as reasonably required by an Indemnified Party.
This Agreement shall be governed by the laws of the State of Delaware as applied to agreements entered into and to be fully performed within the State, without regard to its conflicts of law provisions.
Data Subject Correction Requests
All data subjects are entitled to:
- Ask what information is held about you and why.
- Ask how to gain access to such information.
- Be informed on how to keep your information up to date, if and when storing customer information.
- Be informed about how CertifyOS meets data protection obligations.
If an individual contacts CertifyOS requesting any of this information, this is called a subject access request. CertifyOS works with its customers to provide this information, and requests can be directed to CertifyOS by contacting firstname.lastname@example.org. Your request will be triaged to the appropriate representative for handling.
Individuals can make such requests free of charge. CertifyOS will provide the relevant data within 14 days. Data will be sent via email, secured with Virtru encryption. CertifyOS will always work with its clients and verify their identity by making a subject access request before providing any information.
If any phrase, clause or provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, such phrase, clause or provision shall be deemed severed from this Agreement, but will not affect any other provisions of this Agreement, which shall otherwise remain in full force and effect. If any restriction or limitation in this Agreement is deemed to be unreasonable, onerous and unduly restrictive by a court of competent jurisdiction, it shall not be stricken in its entirety and held totally void and unenforceable, but shall be deemed rewritten and shall remain effective to the maximum extent permissible within reasonable bounds.
Your use of and browsing of this Site is at your sole discretion and risk. Neither CertifyOS nor any other party, person or agent, involved in creating, producing, maintaining or delivering the site is liable for any direct, incidental, consequential, indirect, punitive, or other damages arising out of your access to, or use of, the site. Without limiting the foregoing, except in those jurisdictions which may restrict or limit exclusions of implied warranties, to the maximum extent permitted by federal, state, and/or local laws, everything on the site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. CertifyOS also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect or invade your computer equipment or other property on account of your access to, use of, or browsing in the site or downloading of any materials, data, text, images, video, or audio from the site.
If applicable to the service level agreement with CertifyOS and CertifyOS product, in which a E-signature may be obtained.
- You may obtain a copy of any document or communication in addition to your access to the document or communication in electronic form at any time upon request. You may receive an electornic and encrypted copy of any document or communication by contacting CertifyOS at: email@example.com. The copy request must contain your full name, email, and a description of the document or communication requested by you and must be signed by you. You will not be charged a copy fee for any document or communication.
- You have the right to withdraw your consent to have a document or communication made available to you in electronic form at any time. There are some conditions, consequences or fees associated with you withdrawing you consent, e.g. loss of core licensing functionality within CertifyOS. If you wish to withdraw your consent, please notify us in writing at firstname.lastname@example.org. The withdrawal request must contain your full name, email, and a description of the document or communication from which you are withdrawing your consent.
- You are responsible for informing CertifyOS of any change in your account information. You can update your account information by editing your profile information within the Platform; click on the face icon in the top right corner, select “User Settings.” then select “Edit” to update your account information.
- Hardware and Software requirements: In order to use electronic signatures and to receive and save any document or communication electronically, you must have a modern internet browser, e.g. Google Chrome, Apple Safari, Opera, Mozilla Firefox, and access to the internet.
If you have any questions about our Terms and Conditions, please contact CertifyOS by email at: email@example.com.