Last Updated: 23 May 2018
The following terms and policies describe how Uncharted collects and uses data as well as rules you agree to when you use our services.
These Terms are a legally binding contract between you and us. As part of these Terms, you agree to comply with the most recent version of our Acceptable Use Policy, which is incorporated by reference into these Terms.
If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the Terms and the Acceptable Use Policy.
“We”, “our” and “us” currently refers to the applicable Uncharted entity in the Contract.
“Customer” is the organization that you represent in agreeing to the Contract. If you are creating an account but are not affiliated with an organization, Customer is the individual creating the account. For example, if you signed up using a personal email address and are working with an informal group of peers but haven't formed a company yet, you are the Customer.
If you create an Organization (i.e., the unique domain where a group of users may access the Services), invite users to that Organization, or use or allow use of that Organization after being notified of a change to these Terms, you acknowledge your understanding of the then-current Contract and agree to the Contract on behalf of Customer. Please make sure you have the necessary authority to enter into the Contract on behalf of Customer before proceeding.
If you signed up using your corporate email domain, your organization is Customer, and Customer can modify and re-assign roles on your Organization (including your role) and otherwise exercise its rights under the Contract. If Customer elects to replace you as the representative with ultimate authority for the workspace, you agree to take any actions reasonably requested by us or Customer to facilitate the transfer of authority to a new representative of Customer.
You are an “Authorized User” of an Organization when Customer has invited you to an Organization (i.e., the unique domain where a group of users may access the Services), or you have signed up using your corporate email domain associated with an Organization. If you are joining one of your employer’s Organizations, for example, the Customer is your employer. If you are joining an Organization created by a peer using her personal email address to work on a shared idea, she is our Customer and she is authorizing you to join her Organization.
Individuals authorized by the Customer to access Application Services (an “Authorized User”) may submit content or information to the Services, such as messages or files (“Customer Data”), and Customer may exclusively provide us with instructions on what to do with it. When an Authorized Use submits content or information to the Services, such as messages or files (“Customer Data”), you acknowledge and agree that the Customer Data is owned by Customer and the Contract provides for control over that Customer Data. For example, Customer may provision or deprovision access to the Services, manage permission, or export audit reports. These choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.
The Customer will (a) inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and of any settings that may impact the processing of Customer Data; and (b) ensure the transfer and processing of Customer Data under the Contract is lawful.
AS BETWEEN US AND CUSTOMER, YOU AGREE THAT IT IS SOLELY CUSTOMER’S RESPONSIBILITY TO (A) INFORM YOU AND ANY AUTHORIZED USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SETTINGS THAT MAY IMPACT THE PROCESSING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS OR CONSENTS FROM YOU AND ANY AUTHORIZED USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SERVICES; (C) ENSURE THAT THE TRANSFER AND PROCESSING OF CUSTOMER DATA UNDER THE CONTRACT IS LAWFUL; AND (D) RESPOND TO AND RESOLVE ANY DISPUTE WITH YOU AND ANY AUTHORIZED USER RELATING TO OR BASED ON CUSTOMER DATA, THE SERVICES OR CUSTOMER’S FAILURE TO FULFILL THESE OBLIGATIONS. UNCHARTED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.
A subscription allows an Authorized User to access Application Services. No matter the role, a subscription is required for each Authorized User. Each Authorized User must agree to the Terms to activate their subscription. Subscriptions commence when we make them available to Customer and continue until they terminate. Each subscription is for a single Authorized User for a specified term and is personal to that Authorized User.
The Contract remains effective until all subscriptions ordered under the Contract have expired or been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions.
We or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its Authorized Users, including for any breaches of this Contract caused by its Authorized Users. We may terminate the Contract immediately on notice to Customer if we reasonably believe that the Services are being used by Customer or its Authorized Users in violation of applicable law. Customer may terminate its free subscriptions immediately without cause. We may also terminate Customer’s free subscriptions without cause, but we will provide Customer with thirty (30) days prior written notice.
We are custodians of Customer Data. During the term of a subscription, Customer will be permitted to export or share certain Customer Data from the Services. Following termination or expiration of subscriptions, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete all Customer Data in our systems or otherwise in our possession or under our control.
Customer must comply with the Contract and ensure that its Authorized Users comply with the Contract and the Terms. We may review conduct for compliance purposes, but we have no obligation to do so. We aren't responsible for the content of any Customer Data or the way Customer or its Authorized Users choose to use the Services to store or process any Customer Data. The Services are not intended for and should not be used by anyone under the age of 16. Customer must ensure that all Authorized Users are over 16 years old. Customer is solely responsible for providing high speed internet service for itself and its Authorized Users to access and use the Services.
Customer will own all Customer Data. Subject to the terms and conditions of the Contract, Customer (for itself and all of its Authorized Users) grants Uncharted and Uncharted Affiliates and Partners a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data only as reasonably necessary (a) to provide, maintain and update the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Authorized Users as may be necessary to grant this license.
We own and will continue to own our Services, including all related intellectual property rights. All of our rights not expressly granted by this license are hereby retained.
If we believe that there is a violation of the Contract that can simply be remedied by Customer’s removal of certain Customer Data or Customer’s disabling of a Third Party Product, we will, in most cases, ask Customer to take direct action rather than intervene. However, we may directly step in and take what we determine to be appropriate action, if Customer does not take appropriate action, or if we believe there is a credible risk of harm to us, the Services, Authorized Users, or any third parties.
We will (a) make the Services available to Customer and its Authorized Users as described in the Contract; and (b) not use or process Customer Data for any purpose without Customer’s prior written instructions; provided, however, that “prior written instructions” will be deemed to include use of the Services by Authorized Users and any processing related to such use or otherwise necessary for the performance of the Contract.
For all Service plans, we will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding planned downtime. We expect planned downtime to be infrequent but will endeavor to provide Customer with advance notice (e.g., through the Services), if we think it may exceed five (5) continuous minutes.
The protection of Customer Data is a top priority for us so we will maintain administrative, physical, and technical safeguards at an industry standard level. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of Customer Data by our personnel. Before sharing Customer Data with any of our third party service providers, we will ensure that the third party maintains, at a minimum, reasonable data practices for maintaining the confidentiality and security of Customer Data and preventing unauthorized access. Customer (not us) bears sole responsibility for adequate security, protection and backup of Customer Data when in Customer’s or its representatives’ or agents’ possession or control or when Customer chooses to use unencrypted gateways (e.g., SMS clients) to connect to the Services. We are not responsible for what Customer’s Authorized Users. That is Customer’s responsibility.
To the extent prohibited by applicable law, the Services are not intended for and should not be used by anyone under the age of sixteen. You represent that you are over the legal age and are the intended recipient of Customer’s invitation to the Services. You may not access or use the Services for any purpose if either of the representations in the preceding sentence is not true. Without limiting the foregoing, you must be of legal working age.
To help ensure a safe and productive work environment, all Authorized Users must comply with our Acceptable Use Policy and remain vigilant in reporting inappropriate behavior or content to Customer and us.
Uncharted provides workplace tools intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to Customer of pre-paid fees for your subscription covering the remainder of the term.
The Terms, including the Acceptable Use Policy, and any disputes arising out of or related hereto, will be governed exclusively by the same applicable governing law of the Contract, without regard to conflicts of laws rules or the United Nations Convention on the International Sale of Goods. The courts located in the applicable venue of the Contract will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Terms, including the Acceptable Use Policy, or its formation, interpretation or enforcement. Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Contract. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Each party hereby consents and submits to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to the Terms. In any action or proceeding to enforce rights under the Terms, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees.
Our Services include a platform that connect to third party services, applications and data that complement Customer’s use of the Services (each, a “Third Party Product”). THESE ARE NOT OUR SERVICES, SO WE DO NOT WARRANT OR SUPPORT THIRD PARTY PRODUCTS. ANY USE OF A THIRD PARTY PRODUCTS IS SOLELY BETWEEN CUSTOMER AND THE APPLICABLE THIRD PARTY PROVIDER.
USE OF THESE SITES AND SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. UNCHARTED EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, UNCHARTED MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UNCHARTED BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF UNCHARTED IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree to defend, indemnify and hold harmless Uncharted and its Affiliates and Partners, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Services, representations made to Uncharted, its Affiliates, Partners and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Uncharted reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Uncharted, and you agree to cooperate with such defense of these claims.
Notwithstanding anything contained in the two preceding sections, (a) an indemnified party will always be free to choose its own counsel if it pays for the cost of such counsel; and (b) no settlement may be entered into by an indemnifying party, without the express written consent of the indemnified parties (such consent not to be unreasonably withheld), if (i) the third party asserting the claim is a government agency, (ii) the settlement arguably involves the making of admissions by the indemnified parties, (iii) the settlement does not include a full release of liability for the indemnified parties, or (iv) the settlement includes terms other than a full release of liability for the indemnified parties and the payment of money.
Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Contract, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure including non-public business, product, technology and marketing information. Confidential Information of Customer includes Customer Data. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
The Receiving Party will (a) take at least reasonable measures to prevent the unauthorized disclosure or use of Confidential Information, and limit access to those employees, affiliates and contractors who need to know such information in connection with the Contract; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of this Contract. Nothing above will prevent either party from sharing Confidential Information with financial and legal advisors; provided, however, that the advisors are bound to confidentiality obligations at least as restrictive as those in the Contract.
The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law; provided, however, that the Receiving Party gives the Disclosing Party prior notice of the compelled access or disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the access or disclosure. If the Receiving Party is compelled by law to access or disclose the Disclosing Party’s Confidential Information, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing access to such Confidential Information as well as the reasonable cost for any support provided in connection with the Disclosing Party seeking a protective order or confidential treatment for the Confidential Information to be produced.
Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
The parties are independent contractors. The Contract does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries to the Contract.
Except as otherwise set forth herein, all notices under the Terms will be by email. A notice will be deemed to have been duly given the day after it is sent. Notices under the Contract will be delivered solely to Customer in accordance with the terms of that agreement.
No failure or delay by either party in exercising any right under the Terms, including the Acceptable Use Policy, will constitute a waiver of that right. No waiver under the Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
The Terms, including the Acceptable Use Policy, will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these Terms, including the Acceptable Use Policy, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld). We may assign these Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
The following are the terms of an agreement between you and Uncharted. By accessing, or using this Website, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Website.
This Website contains proprietary notices and copyright information, the terms of which must be observed and followed.
Except for the limited permission in the preceding paragraph, Uncharted does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.
From time to time, this Website may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Website, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Website.
Except for historical information and discussions, statements set forth throughout this Website may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission.
Uncharted provides the software downloaded from this Website to U.S. Government users with “RESTRICTED RIGHTS.” Use, reproduction, or disclosure is subject to the restrictions set forth in Uncharted's GSA ADP Schedule contract.
Information Uncharted publishes on the Internet may contain references or cross references to Uncharted products, programs and services that are not announced or available in your country. Such references do not imply that Uncharted intends to announce or make available such products, programs, or services in your country. Please consult your local Uncharted business contact for information regarding the products, programs, and services that may be available to you.
This Website may provide links or references to non-Uncharted Websites and resources. Uncharted makes no representations, warranties, or other commitments or endorsements whatsoever about any non-Uncharted Websites or third-party resources that may be referenced, accessible from, or linked to any Uncharted site. In addition, Uncharted is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Uncharted site. When you access a non-Uncharted Website, even one that may contain the Uncharted-logo, please understand that it is independent from Uncharted, and that Uncharted does not control the content on that Website. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.
Uncharted consents only to links to this Website in which the link and the pages that are activated by the link do not: a) create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this site; b) misrepresent your relationship with Uncharted; c) imply that Uncharted approves or endorses you, your Website, or your service or product offerings; and d) present false or misleading impressions about Uncharted or otherwise damage the goodwill associated with the Uncharted name or trademarks. As a further condition to being permitted to link to this site, you agree that Uncharted may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Uncharted trademarks.
Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided “as is,” with no warranties or guarantees whatsoever. Uncharted expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Uncharted makes no warranty or guarantee that this Website will be uninterrupted, timely, secure, or error-free.
You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services from this Website, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.
To the fullest extent permitted by applicable law, in no event will uncharted be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this website or any use of this website, or of any site or resource linked to, referenced, or accessed through this Website, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if Uncharted is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.
“Customer” means a customer of Uncharted.
"Website" means any Uncharted content accessed through a web browser which does not require a user account.
"Application" means any Uncharted content accessed through a web browser via a registered user account.
"Service" means any Uncharted Application, Website or other service accessible via a web browser, SMS, or other medium.
"User" refers to anyone interacting with Uncharted Services according to our Policies. Users may be visitors to an Uncharted Website, Customers of Uncharted Applications, or employees, agents or representatives of Customers.
"Personal Data" means any information relating to an identified or identifiable natural person.
When you use many features of our Services (for example, upload an image or bookmark a search) you create "User Data".
Additionally, when you use our Services, Uncharted may collect or generate “Other Information” on your behalf in a variety of ways:
In the event that a User is a Customer interacting with a Service, User Data will be used by Uncharted in accordance with the Customer’s provided instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. In this case, Uncharted is a processor of User Data and the Customer is the controller. The User may configure settings, access, modify, export, share and remove User Data and otherwise apply its policies to the Services.
Other Information generated during a User visit to an Uncharted Website is used by Uncharted in accordance with applicable law. In this case, Uncharted is the controller and processor of this Other Information, and may share this data with subprocessors as well (see our Subprocessor Policy for more information).
Uncharted uses Other Information in furtherance of our legitimate interests in operating our Services and business. More specifically, Uncharted uses Other Information:
In the event that a User is a Customer interacting with a Service, Uncharted will retain User Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. The deletion of Customer Data and other use of the Services by Customer may result in the deletion and/or de-identification of certain associated Other Information.
Customers of our Services determine their own policies and practices for the sharing and disclosure of Information, and Uncharted does not control how they or any other third parties choose to share or disclose Information.
We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls.
We use TLS technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymize your data. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your data has been compromised, please contact us as set forth in the “Contact Information” section.
If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable law.
To the extent prohibited by applicable law, Uncharted does not allow use of our Services and Websites by anyone younger than 16 years old. If you learn that anyone younger than 16 has unlawfully provided us with Personal Data, please contact us and we will take steps to delete such information.
Uncharted may transfer your User Data to countries other than the one in which you live. Our Data Processors and Subprocessors may operate in Canada, the United States or the European Union. We use safeguards if Uncharted transfers User Data originating from the European Union or Switzerland to other countries not deemed adequate under applicable data protection law. Uncharted offers Standard Contractual Clauses to meet the adequacy and security requirements for our Customers that operate in the European Union, and other international transfers of User Data. You can view a copy of our standard data processing addendum.
Individuals located in certain countries, including the European Economic Area, have certain statutory rights in relation to their Personal Data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. You can usually do this using the settings and tools provided in your Services account. If you cannot use the settings and tools, contact us for additional access and assistance.
To the extent that Uncharted’s processing of your Personal Data is subject to the General Data Protection Regulation, Uncharted relies on its legitimate interests, described above, to process your data. Uncharted may also process Other Information that constitutes your Personal Data for direct marketing purposes and you have a right to object to Uncharted’s use of your Customer Data for this purpose at any time.
This Acceptable Use Policy (“the Policy”) sets out a list of acceptable and unacceptable conduct for our Services. If we believe a violation of the Policy is deliberate, repeated or presents a credible risk of harm to other users, our customers, the Services or any third parties, we may suspend or terminate your access. This in no way mitigates or eliminates any liability you may have to any party with respect to such misuse.
Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this Acceptable Use Policy will be made by Uncharted in its sole discretion.
Uncharted uses certain subprocessors to assist in providing Uncharted’s services. A subprocessor is a third party Data Processor who agrees to receive User Data from Uncharted intended for processing activities to be carried out (i) on behalf of Uncharted users and customers; (ii) in accordance with customer instructions as communicated by Uncharted; and (iii) in accordance with the terms of a written agreement between Uncharted and the subprocessor.
|Amazon Web Services||Cloud Infrastructure Provider||United States|
|Google Analytics||Anonymous Web Analytics||United States|
|MailChimp||Cloud-based Email Notification Services||United States|
|Pipedrive||Cloud-based Customer-Relationship Management Services||United States|
|Google GMail||Cloud-based Email Notification Services||United States|
|Hyperion Gray, LLC||Customer-Relationship Management Services||United States|
|Qntfy||Customer-Relationship Management Services||United States|
|Twilio||SMS and phone number services||United States|
|Salesforce||Cloud-based Customer-Relationship Management Services||United States|
|Eventbrite||Cloud-based Event Management Services||United States|
|Google GMail||Cloud-based Email Notification Services||United States|
Depending on the nature of the services provided, Uncharted may also engage one or more of the following Affiliates as Subprocessors to deliver some or all of the services provided to a customer.
|Uncharted Software Inc.||Canada|
|Uncharted Field Services Corp.||United States|
Cookies are small text files sent by us to your computer or mobile device. They are unique to your account or your browser. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire.
Cookies set by the website owner or service provider are called “first party cookies”. Cookies set by parties other than the website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the website or service you are using (such as advertising, interactive content and analytics). The third parties that set these third party cookies can recognise your computer both when it visits the website or service in question, and also when it visits certain other websites or services.
Other technologies, including data we store on your web browser or device, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies”.
Yes. Uncharted uses both session-based and persistent cookies. Uncharted sets and accesses our own cookies on the domains operated by Uncharted and its Affiliates and Partners (collectively, the “Sites”). Some cookies are required for technical reasons in order for our Websites and Services to operate, and we refer to these as “essential” cookies. Other cookies enable us and the third parties we work with to track and analyze the performance of our Websites and Services, and we refer to these as “performance” cookies.
Some cookies are associated with your account and personal information in order to remember that you are logged in and how features are configured. Other cookies are not tied to your account but are unique and allow us to carry out analytics and customization. Cookies make your interactions faster and more secure.
|Authentication||Uncharted||Cookies are used to keep you signed in to Services which feature user accounts.|
|Preferences and Features||Uncharted||Cookies can tell us which options you have picked, which features are enabled, and transmit logs and errors to our Services.|
Google Analytics (3rd Party)
MailChimp (3rd party)
|Cookies help us learn how well our Sites and Services perform.|
Cookies and other ad technology are not used by Uncharted for advertising purposes.
Your web browser may offer settings that allow you to choose whether cookies are set, and to delete them. For more information about these controls, visit your web browser’s help material. If you limit the ability of websites and applications to set cookies, you may lose the ability to access the services, since sign-on and security features may no longer function.
You may opt-out of Uncharted cookies when prompted by an Uncharted website or application.
You may opt-out of third party cookies from Google Analytics on its website.
You may opt-out of third party cookies from Mailchimp on its website.
Our Sites and Services do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Sites or Services, and we do not alter any of our data collection and use practices upon receipt of such a signal.
You may opt-out of TellFinder Analytics in the Settings panel of TellFinder.
Uncharted may share information with our Subprocessors, Affiliates and Partners for purposes described in this policy. Information collected within the European Economic Area (“EEA”) may, for example, be transferred to countries outside of the EEA for the purposes as described in this policy. We utilize standard contract clauses, and obtain your consent to legitimize data transfers from the EEA to the United States and other countries.
You can contact us using the information provided below with questions or concerns. Information about Subprocessors is available at Subprocessor Policy.
As long as you follow this Policy, Uncharted grants you a limited, non-exclusive, non-assignable, non-transferable license to use the APIs to develop, test, and support any Integrations. Your license is subject to the limitations set forth in the sections below., and you agree that violation of these Sections will automatically terminate your license to use the APIs.
You’ll only access the API using TellFinder Authentication or an API key. If you have an Integration, then users must have the option to log-in via TellFinder Authentication or using an API key. You won’t prompt users to provide their username, password, or security information.
You may not use the API in violation of any law or regulation, or rights of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with this Policy or other agreements to which you are subject.
You won’t use the API to take any actions that violate our Acceptable Use Policy, this Policy or the API documentation. You’ll follow all documentation we provide for the APIs. You won’t attempt to hack or change the way the Services function; break or circumvent any of Uncharted’s technical, administrative, process or security measures; disrupts or degrade the performance of the Services or the API; or test the vulnerability of Uncharted’s systems or networks. We may throttle your use of the APIs at any time. You may not transmit any viruses or other computer programming that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data. You may not attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how in the API or portion thereof. We may monitor your use of the APIs for compliance with these rules, and we may deny you access to the API or shut down your Integration if you try to go around or exceed the limitations we set.
You may not use the API to replicate or compete with core products or services offered by Uncharted. You acknowledge and agree that Uncharted has or may in the future offer products or services that are similar to your Integration, and nothing will prevent Uncharted from doing so.
We own all worldwide rights, titles, and interest in the Services, the APIs, the Documentation, the Data and the Brand Features, including all intellectual property rights, marks, code, and features. You won’t infringe or copy our code, design, or content. Any rights not expressly granted by this policy are withheld, so if you don’t see it here, then it’s not a right we’re giving you. You own all worldwide rights, titles, and interest in the Integration, except for the APIs, our marks, and the Services, including all intellectual property rights. If you give us comments about the APIs or the Services, we may copy, modify, create derivative works, display, disclose, distribute, and use that feedback without any obligation to compensate you.
You may only use our name and marks (meaning our logos and copyrighted images) according to our Brand Guidelines. You may not alter or remove any proprietary notices in our marks. You won’t use our name or marks in your Integration name or logo, or in any way that implies an endorsement by us. If you use our marks to create your logo or name, you’ll immediately assign those rights to us at no expense.
You may not copy or store any Data or capture or store any information expressed by the Data (such as hashed or transferred data), except to the extent permitted by this Policy. Where Data is cached, you should refresh the cache at least every 24 hours. All Data should be stored and served using strong encryption. The network, operating system and software of your web servers, databases, and computer systems (collectively, “Your Systems”) must be properly configured to securely operate your Integration and store Data. Your Integration must use reasonable security measures to protect your users’ information. You must not architect or select Your Systems in a manner to avoid the foregoing obligation.
You represent and warrant that you will maintain all the licenses required for your Integration, and that your Integration won’t violate any law or regulations in any way.
To the maximum extent permitted by law, we provide the APIs as-is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.
We may update or modify the APIs from time to time by posting the changes on our API site and notifying you via email. These changes may affect your use of the APIs, or the way your Integrations interact with the API. If we make a change that’s unacceptable to you, you should stop using the APIs. Continued use of the APIs means you accept the change. Parts of our API are undocumented, including certain methods, events, and properties. Given that these undocumented aspects of our API may change at any time, you should not rely on these behaviors.
You may have access to confidential, proprietary, and non-public information specific to the APIs (“Confidential Information”). You may use this information only to use and build with the APIs. You won’t disclose the Confidential Information to anyone without our written consent, and you’ll protect the Confidential Information from unauthorized use and disclosure in the same way you’d protect your own confidential information.
You’ll indemnify and hold us and our Affiliates and Partners harmless from any losses (including attorney fees) that result from third-party claims that relate to your use of the API.
From time to time, Uncharted may modify these Terms or Policies. We will endeavor to provide the owner of Customer’s account with notice of any changes, along with posting such updates here. Please check back frequently for updates. The date these policies were last updated can be found at the top of this page.
You can contact us online at email@example.com, or by mail at:
Uncharted Software Inc.
2 Berkeley Street, Suite 600
Toronto, ON M5A 4J5