Terms of Service

Effective date: June 12th, 2018

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Welcome to Cerebra Technologies, Inc (“Cerebra”). Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). In the event and to the extent that Cerebra is a Processor of Personal Data (as defined in the Addendum) that is subject to certain Data Protection Laws (as defined in the Addendum), the Terms hereby incorporate the EU Data Processing Addendum located at (the “Addendum”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at deger@cerebra.tech. These Terms of Use (the “Terms”) are a binding contract between you and Cerebra (“we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the cerebra.tech website, by sending you an email, and/or by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at deger@cerebra.tech.

1. SUBSCRIPTION

2. ACCESS; RESTRICTIONS ON USE

3. SUPPORT

4. FEES AND PAYMENTS

5. TERM AND TERMINATION

6. DISCLAIMER OF WARRANTIES

7. PUBLICITY / PRESS

8. BETA

9. INDEMNIFICATION

10. CONFIDENTIALITY

11. LIMITATION OF LIABILITY

12. MISCELLANEOUS


Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CEREBRA ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Data Processing Addendum

This Data Processing Addendum (DPA) amends the Cerebra Terms of Service (also Agreement) and sets out the terms that apply when Personal Data is processed by Cerebra under the Agreement. The purpose of the DPA is to ensure such processing is conducted in accordance with applicable laws and with due respect for the rights and freedoms of individuals whose Personal Data are processed. Other capitalized terms used but not defined in this DPA have the same meanings as set out in the Agreement.

1. DEFINITIONS
1.1 For the purposes of this DPA:

2. APPLICABILITY OF DPA

3. ROLES AND RESPONSIBILITIES

4. SECURITY

5. TERM AND TERMINATION

6. INTERNATIONAL TRANSFERS

7. SERVICE DATA

8. MISCELLANEOUS

Exhibit A - GDPR Addendum

6. Security

  1. 7. Audit. While it is the parties' intention ordinarily to rely on the provision of the documentation to verify Cerebra's compliance with this DPA, Cerebra shall permit the Customer (or its appointed third party auditors) to carry out an audit of Cerebra processing of Personal Data under the Agreement following a Security Incident suffered by Cerebra, or upon the instruction of a data protection authority. Customer must give Cerebra reasonable prior notice of such intention to audit, conduct its audit during normal business hours, and take all reasonable measures to prevent unnecessary disruption to Cerebra's operations. Any such audit shall be subject to Cerebra's security and confidentiality terms and guidelines.
  2. 8. Data subjects' rights. Cerebra shall, taking into account the nature of the processing, provide reasonable assistance to Customer insofar as this is possible and at Customer's cost and expense, to enable Customer to respond to requests from a data subject seeking to exercise their rights under EU Data Protection Legislation. In the event that such request is made directly to Cerebra, Cerebra shall promptly inform Customer of the same.
  3. 9. Deletion / return of Personal Data. Upon termination or expiry of the Subscription Term, Cerebra shall, at Customer's election, delete all relevant Personal Data (including copies) in Cerebra's possession, save to the extent that Cerebra is required by any applicable law to retain some or all of the Personal Data.
  4. 10. If there is a conflict between the DPA and this Exhibit, the terms of this Exhibit will control.

Exhibit B - Data Processing Appendix

  1. Data subjects
    The personal data transferred concern the following categories of data subjects (please specify):
    End users – individuals who interact with the Customer by way of the Pixlee communication platform.
  2. Categories of data
    The personal data transferred concern the following categories of data (please specify): IP Address, Device info (Operating system, Browser), Cookie dropped anonymous ID, Email, Full Name, location data, Facebook Username, Instagram Username, Unique social Id for Instagram/Facebook/ Twitter, and interactions with end users via the communication platform
  3. Special categories of data (if appropriate)
    The personal data transferred concern the following special categories of data (please specify): None
  4. Processing operations
    The personal data transferred will be subject to the following basic processing activities (please specify):