Last Revised: September 17, 2023
The following terms and conditions (the “Agreement”) govern all use of the www.contrastai.com website (the “Site”). The Site is owned and operated by Contrast, Inc. (“Contrast”). Access to the Site is offered subject to your (and the entity or company you represent) (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Contrast. BY USING OR ACCESSING ANY PART OF THE SITE, YOU AND THE ENTITY AND COMPANY YOU REPRESENT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SITE.
Contrast reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Site following the posting of any changes to this Agreement constitutes acceptance of those changes.
To the extent User and Contrast have executed a commercial or master agreement (such as a subscription agreement) for access to any of Contrast’s products or services, such agreement will control.
User has a non-exclusive right to access the Site solely for User’s own personal use.
2. SITE CONTENT.
User agrees that all content and materials (collectively, “Content”) delivered via the Site or otherwise made available by Contrast at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Contrast in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content on the Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Contrast.
Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
User shall not submit any information to the Site that is false, misleading or inaccurate.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Contrast reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Contrast server, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Contrast, including any Contrast account not owned by User, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Site.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Contrast’s systems or networks, or any systems or networks connected to the Site or to Contrast.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Contrast on or through the Site. User shall not, in connection with the Site, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Site for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Contrast or others.
4. THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Contrast’s control, and User acknowledges that Contrast is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Contrast. User further acknowledge and agrees that Contrast shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Site. User shall defend, indemnify, and hold harmless Contrast and each of its employees, contractors, directors, suppliers and representatives from all liabilities, damages, losses, settlements, claims, actions, demands, costs and expenses, including attorneys' fees, that arise from or in connection with User’s (i) use or misuse of the Site, or (ii) violation of this Agreement.
6. WARRANTY DISCLAIMER.
THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO USER INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
7. LIMITATION ON LIABILITY.
IN NO EVENT SHALL CONTRAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SITE (OR ANY CONTENT OR INFORMATION AVAILABLE ON THE SITE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (III) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (IV) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SITE, OR (V) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10.00 (U.S.). THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Contrast may terminate User’s access to all or any part of the Site at any time, with or without cause, effective upon notice thereof to User or blocking User from accessing the Site. Customer may terminate this Agreement by ceasing to use the Site. Sections 5 though 10, as well as all license restrictions, will survive termination of this Agreement.
9. ELECTRONIC COMMUNICATIONS.
When User visits the Site or send e-mails to Contrast, User is communicating with Contrast electronically. User hereby consents to receive communications from us electronically. User agrees that all agreements, notices, disclosures and other communications that Contrast provides to User electronically satisfy any legal requirement that such communications be in writing.
All notices to User may be provided by Contrast via email or account notification. Any legal notices to Contrast must be sent to Contrast AI Inc., 222 West Merchandise Mart Plaza Suite 1230, Box 15, Chicago, IL 60654. In addition, legal notices must also be sent to Legal@ContrastAI.com (but, notwithstanding earlier receipt via email, legal notices will be deemed received when the physical notice is received as set forth in preceding sentence).
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Contrast shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Contrast’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Contrast’s prior written consent. Contrast may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Illinois, as if made within Illinois between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in Chicago Illinois. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in Chicago, Illinois, using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Contrast in any respect whatsoever.
Last Revised: November 27, 2022
Contrast AI Inc. (“Contrast”, “us”, “we”, or “our”) operates https://contrastai.com/ and the Contrast web and mobile applications (hereinafter referred to as “Services”).
SERVICE means the http://contrastai.com/ website, the Contrast web application, and the Contrast mobile application operated by Contrast AI Inc.
PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
USAGE DATA is data collected automatically either generated by the use of Services or from Service infrastructure itself (for example, the duration of a page visit).
COOKIES are small files stored on your device (computer or mobile device).
DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
DATA SUBJECT is any living individual who is the subject of Personal Data.
THE USER is the individual using our Services. The User corresponds to the Data Subject, who is the subject of Personal Data.
3. Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Services to you.
4. Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
(a) Email address
(b) First name and last name
(c) Phone number
(d) Address, State, Province, ZIP/Postal code, City
(e) Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Services or when you access Services by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Services with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Services, and to improve and customize our Services.
You can enable or disable location services when you use our Services at any time by way of your device settings.
Tracking Cookies Data
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Services.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Services.
Examples of Cookies we use:
(a) Session Cookies: We use Session Cookies to operate our Services.
(b) Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
(c) Security Cookies: We use Security Cookies for security purposes.
(d) Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
While using our Services, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, non-disclosure agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.
5. Use of Data
Contrast AI Inc. uses the collected data for various purposes:
(a) to provide and maintain our Services;
(b) to notify you about changes to our Services;
(c) to allow you to participate in interactive features of our Services when you choose to do so;
(d) to provide customer support;
(e) to gather analysis or valuable information so that we can improve our Services;
(f) to monitor the usage of our Services;
(g) to detect, prevent and address technical issues;
(h) to fulfill any other purpose for which you provide it;
(i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
(j) to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
(k) to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
(l) in any other way we may describe when you provide the information;
(m) for any other purpose with your consent.
6. Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.
7. Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
8. Disclosure of Data
We may disclose personal information that we collect, or you provide:
(a) Disclosure for Law Enforcement.
Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
(b) Business Transaction.
If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
(c) Other cases. We may disclose your information also:
(i) to our subsidiaries and affiliates;
(ii) to contractors, service providers, and other third parties we use to support our business;
(iii) to fulfill the purpose for which you provide it;
(iv) for the purpose of including your company’s logo on our website;
(v) for any other purpose disclosed by us when you provide the information;
(vi) with your consent in any other cases;
(vii) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
9. Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
10. Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR. – See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at email@example.com.
In certain circumstances, you have the following data protection rights:
(a) the right to access, update or to delete the information we have on you;
(b) the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
(c) the right to object. You have the right to object to our processing of your Personal Data;
(d) the right of restriction. You have the right to request that we restrict the processing of your personal information;
(e) the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
(f) the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
11. Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)
According to CalOPPA we agree to the following:
(a) users can visit our site anonymously;
(d) users are able to change their personal information by emailing us at firstname.lastname@example.org.
Our Policy on “Do Not Track” Signals:
We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
12. Service Providers
We may employ third party companies and individuals to facilitate our Services (“Service Providers”), provide Services on our behalf, perform Service-related services or assist us in analyzing how our Services are used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Services.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Services. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
14. CI/CD tools
We may use third-party Service Providers to automate the development process of our Services.
GitLab CI/CD is provided by GitLab, Inc.
GitLab CI (Continuous Integration) service is a part of GitLab that build and test the software whenever developer pushes code to application.
GitLab CD (Continuous Deployment) is a software service that places the changes of every code in the production which results in every day deployment of production.
15. Behavioral Remarketing
Google Ads (AdWords)
Google Ads (AdWords) remarketing service is provided by Google Inc.
You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
Twitter remarketing service is provided by Twitter Inc.
You can opt-out from Twitter's interest-based ads by following their instructions: https://support.twitter.com/articles/20170405
We may provide paid products and/or services within our Services. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
PayPal or Braintree:
Apple Store In-App Payments:
Google Play In-App Payments:
17. Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
18. Children's Privacy
Our Services are not intended for use by children under the age of 16 (“Children”).
We do not knowingly collect personally identifiable information from Children under 16. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
20. Contact Us
By email: email@example.com.