Last Updated: July 20, 2023
If you signed a separate Cover Page to access the Product with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Cover Page applies to your use of the Product.
This Agreement is between Aquarium Learning, Inc. and the company or person accessing or using the Product. This Agreement consists of: (1) the Order Form and (2) the Key Terms, both of which are on the Cover Page below, and (3) the Common Paper Cloud Service Agreement Standard Terms Version 1.0 (“Standard Terms”). Any modifications to the Standard Terms made in the Cover Page will control over conflicts with the Standard Terms. Capitalized words have the meanings or descriptions given in the Cover Page or the Standard Terms.
If you are accessing or using the Product on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company. By signing up, accessing, or using the Product, Customer indicates its acceptance of this Agreement and agrees to be bound by the terms and conditions of this Agreement.
Cloud Service: Tidepool does product analytics for AI text interfaces. With Tidepool, product teams can analyze patterns in unstructured text inputs to make better product decisions.
Subscription Start Date: The Effective Date
Subscription Period: 1 month(s)
Non-Renewal Notice Period: At least 30 days before the end of the current Subscription Period.
Use Limitations: Reference the Tidepool pricing page for usage parameters and limitations. Depending on your purchased usage tier, monthly ingested events and total created attributes may be limited.
Cloud Service Fees:
Section 5.2 of the Standard Terms is replaced with: Certain parts of the Product have different pricing plans, which are available at Provider’s pricing page. Within the Payment Period, Customer will pay Provider fees based on the Product tier selected at the time of account creation and Customer’s usage per Subscription Period. Provider may update Product pricing by giving at least 30 days notice to Customer (including by email or notification within the Product), and the change will apply in the next Subscription Period.
Payment Period: 5 day(s) from the last day of the Subscription Period
Invoice Period: Modifying the third sentence of Section 5.1 of the Standard Terms, invoices are available upon request.
Customer: The company or person who accesses or uses the Product. If the person accepting this Agreement is doing so on behalf of a company, all use of the word “Customer” in the Agreement will mean that company.
Provider: Aquarium Learning, Inc.
Effective Date: The date Customer first accepts this Agreement.
Provider Covered Claims: Any action, proceeding, or claim that the Cloud Service, when used by Customer according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights.
Customer Covered Claims: Any action, proceeding, or claim that (1) the Customer Content, when used according to the terms of the Agreement, violates, misappropriates, or otherwise infringes upon anyone else’s intellectual property or other proprietary rights; or (2) results from Customer’s breach or alleged breach of Section 2.1 (Restrictions on Customer).
General Cap Amount:
The fees paid or payable by Customer to provider in the 12 month period immediately before the claim
Governing Law: The laws of the State of Delaware
Chosen Courts: The state or federal courts located in Delaware
For Provider: firstname.lastname@example.org
For Customer: The main email address on Customer’s account
Attachments and Supplements
Acceptable Use Policy: The following activities are prohibited when using Tidepool:
- Illegal activities: You may not use the Product to encourage, promote, facilitate or instruct others to engage in illegal activity.
- Graphic and harmful content. You may not use the Product to post, upload, share, store, or otherwise distribute content that is graphically violent or obscene, sexually explicit, promotes self-harm, promotes terrorist activity, promotes misinformation, or otherwise poses a threat to the public.
- Child exploitation: You may not use the Product to post, upload, share, or store content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
- Harassment, bullying, defamation and threats: You may not use the Product to facilitate abusive, harassing, or bullying behavior.
- Hateful content: You may not use the Product to promote, encourage, support or facilitate hate speech, violence, or discrimination based on race, color, sexual orientation, marital status, gender or identity expression, parental status, religion or creed, national origin or ancestry, sex, age, physical or mental disability, veteran status, genetic information, citizenship and/or any other characteristic protected by law. Organizations or individuals who do any of the above either through their own content or through the distribution of user generated content (whether intentionally distributed or distributed due to the failure to reasonably moderate such content) are prohibited from using the Software.
- Intellectual property: You may not use the Product to misappropriate or infringe upon anyone’s intellectual property rights.
- Malicious and deceptive practices: You may not use the Product to post, upload, share, or store malicious software, malware, viruses or other harmful code. You may not use the Product in any way that facilitates “spoofing” or “phishing” or is deceptive, false, misleading or fraudulent, including impersonating other individuals or organizations or otherwise attempting to mislead others as to the identity of the originator of content or a communication.
- Personal and confidential information: You may not post, upload, share, or store content or otherwise use the Product in a manner that is invasive of another’s privacy or otherwise violates or compromises another person’s legal rights – such as rights of privacy and publicity, including sharing another’s personally identifiable information, sensitive personal information, or confidential information without the appropriate consent (proof of which may be requested).
- Interference with the Product. You may not use the Product to interfere with or otherwise negatively impact any aspect of the Product or any third-party products or services that are integrated or connected to the Product.
- Content subject to additional scrutiny. Our goal is to ensure the availability and reliability of the Product. We have determined that content related to certain industries may have higher abuse rates that may jeopardize the availability for a broad range of users of the Product. We reserve the right to provide additional scrutiny on, suspend the use of and or discontinue the provision of the Product to individuals and organizations who use the Services related to such industries. Examples of such industries include:
- work-at-home, make money online, and lead generating opportunities
- gambling services or products;
- adult entertainment;
- sales of products in high demand due to regional, national, or international emergencies;
- online trading, day trading tips, or similar related content; and
- multi-level marketing or affiliate marketing.
Provider will use commercially reasonable efforts to secure the Cloud Service from unauthorized access, alteration, or use and other unlawful tampering.
Provider will maintain annually updated reports or annual certifications of compliance with the following: SOC2 Type II
Changes to the Standard Terms
Publicity Rights: Modifying Section 14.7 of the Standard Terms, Provider may identify Customer and use Customer’s logo and trademarks on Provider’s website and in marketing materials to identify Customer as a user of the Product. Customer hereby grants Provider a non-exclusive, royalty-free license to do so in connection with any marketing, promotion, or advertising of Provider or the Product during the length of the Agreement.