Privacy Policy

PRIVACY POLICY

Effective date: May 25, 2018

Welcome to GroupSolver (together with its affiliates, officers, directors, agents, employees, representatives, partners and their respective affiliates, collectively, "GroupSolver").

1. GENERAL

We at GroupSolver respect your privacy and are committed to protecting it through our compliance with this website privacy policy (“ Privacy Policy”). Please read the following to learn more about our Privacy policy. By using our software, platform, applications, website and other services (“Services”), you agree to GroupSolver’s Privacy Policy and that we, may process, transfer and store your data and information in the United States. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

This Privacy Policy describes how GroupSolver handles your personal information collected during the regular course of our business, what types of personal data and information we may collect from you, as well as how these are processed in its software, or on our website www.groupsolver.com ("Website").

Moreover, this Privacy Policy describes our practices for collecting, using, protecting and disclosing that data and personal information. By using or accessing the services provided through our Website, in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Maintaining protection of the information entrusted to our care by our constituents is of the utmost importance to GroupSolver.

This Privacy Policy applies to information we collect:

· On our Website.

· In e-mail, text and other electronic messages between you and our Website.

· Through mobile and desktop applications you download from our Website, which provide dedicated non-browser-based interaction between you and our Website.

· When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy policy.

It does not apply to information collected by:

· Us offline or through any other means including on any other website operated by any third party; or

· Any third party, including through any application, platform, or content (including advertising) that may link to or be accessible from, or on, our Website.

We at GroupSolver know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Remember that your use of GroupSolver’s Services is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services, but not to the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

Children’s Privacy

As noted in the Terms of Service, we do not knowingly collect or solicit Personal Information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 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 privacy@groupsolver.com.

Will GroupSolver ever change this Privacy Policy?

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on our Website, or by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used.

2. INFORMATION WE COLLECT

Information You Provide to Us

We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, we may collect Personal Information such as your name, email address, phone number, and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service, you understand some content and/or information in those accounts (“ Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy, for example, you list of friends may be accessed Certain information may be required to register with us or to take advantage of some of our features.

Moreover, you can submit and provide to us your information (your work email, your name, name of your organization, your phone number and anything else you would like us to know before we contact you) regarding your interest to try our Services and/or request a demo or/and to receive a quote through our Website contact form at https://www.groupsolver.com/contact.html.

Information Collected Automatically (Cookies and other tracking technologies)

As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:

· Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on our Website.

· Information about your computer and internet connection, including your IP address, operating system and browser type.

· No Personal Information are collected and processed when browsing out Website.

The information we collect is anonymous. It is aggregated into statistical data to help us improve our Website and to deliver a better and more personalized service by enabling us to:

· Estimate our audience size, browser statistics, popularity of content and usage patterns.

  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies. A cookie is a small file placed on the hard drive of your computer.
  • Web beacons. Web beacons are tiny graphics with a unique identifier that are embedded invisibly on the web pages.

Neither cookies nor web beacons can read data off your computer's hard drive or collect your Personal Information. We use information collected from cookies and web beacons to improve your experience and the overall quality of our services. We may also use cookies and web beacons to collect information from third parties (such as Google) to help advertise our products and services, to analyze the effectiveness of our marketing or the performance of this Website, and to determine whether you may be interested in other products or services. We also use web beacons to help deliver cookies and compile analytics. Our cookies and web beacons may also come from third-party service providers who have permission to place such tools on our Website.

You can refuse to accept and delete cookies by adjusting your browser settings. Please note that refusing or deleting cookies may impact your browsing experience on the Website, or prevent you from using some of its services, and it may result in the deletion of any preferences you have set. For more information on how to reject or delete cookies, you should consult with your browser's or device’s help documentation or visit www.aboutcookies.org. The Company does not use technology that recognizes do-not-track signals from your browser. You can also opt out of Internet based advertising by installing a browser plugin from the third party where available. For more information about interest-based advertising, please see: http://www.networkadvertising.org/managing/opt_out.asp.

In addition, in the course of ensuring network security and consistent service for all users, we employ software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage our computers or the network, and monitor and fine-tune the performance of the GroupSolver network and this Website. In the course of such monitoring, these programs may detect additional information from your computer such as your IP address, addresses from network packets, and other technical information. Any such information is used only for the purpose of maintaining the security and performance of the GroupSolver’s networks and computer systems.

We do not collect Personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us as described in this Privacy Policy.

Third-party advertiser uses of cookies and other tracking technologies

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology which help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to online marketing, as described in the following section.

Some advertisements on our Website may be served by third-party advertisers, ad networks, and ad servers. Additionally, some of the applications accessible from, or on, our Website may be owned by third parties. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about our users. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement on our Website, you should contact the responsible advertiser directly.

Online Analytics and Marketing tools

We do work with website analytics and advertising partners to deliver our advertisements, marketing campaigns and to improve our Services. For example, we use Google Analytics it to track the data from Google AdWords and our Website. Then we use Facebook and LinkedIn as platforms to promote our marketing content to target audience and gain leads. Moreover, we use Mailchimp to create marketing campaigns and send out our newsletter to subscribers via email.

Information collected from other websites and do not track policy

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Anonymous or De-Identified Data

We may collect data that is already in anonymized or de-identified form or we may manually anonymize and/or de-identify information collected by the Services or via other means so that the information does not identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.

3. USES OF DATA OR PERSONAL INFORMATION

GroupSolver may use data and personal information it collects for various purposes, including but not limited to:

  • Use of our Services – we will process data and Personal Information for the purpose of providing the software and services to our customers.
  • Service Improvement – we will use data and Personal Information to understand how users interact with our Services and advertisements, provide tailored content and advertising, improve the overall GroupSolver customer and product experience, and perform research and analytics.
  • Customer Service – we will also communicate with you in response to your inquiries, to provide the services you request, to manage your account, and provide any technical help you may need during the use of our software or platform. We will communicate with you by email or telephone, in accordance with your preferences.
  • Newsletters, Social Media Campaigns, and Updates – we will occasionally send you information on services, contests, customer satisfaction surveys, events, and opportunities to interact with GroupSolver and our community. You can sign up to receive these emails and social media campaigns from us on our newsletter. Out of respect for your privacy, we present the option NOT to receive these types of communications.
  • Service-Related Announcements – we will send you service-related announcements on rare occasions when it is necessary to do so. Generally, you may not opt out of these communications, which are not promotional in nature.

4. SHARING AND DISCLOSURE OF DATA OR PERSONAL INFORMATION

GroupSolver does not share, sell, rent, or trade any personal information with third parties for their own promotional, advertisement, or any other purposes, and will only share your personal information or provided data as outlined below or with your consent:

  • Internally within the GroupSolver group – we may share your data or Personal Information with our team members working for our sister’s company GroupSolver, s.r.o. in Slovakia, EU.
  • Customer Testimonials – we may post customer testimonials on our Website. We will obtain your consent via email and/or opt-in methods prior to posting your name, city, or your experience with our platform or Services along with any testimonial.
  • Service Providers – we use third party service providers to offer or facilitate services on our behalf, such as a credit card processing company to bill you for services, and an email service provider to send out emails on our behalf. These third parties are prohibited from using any identifying information about you for promotional purposes.
  • Business Transactions – information that we collect is considered a business asset. As a result, if we go out of business, enter bankruptcy, or if we are acquired as a result of a transaction such as a merger, acquisition or sale of some or all of our assets, your information may be disclosed or transferred to a third party acquirer in connection with the transaction.
  • Legal Compliance – we reserve the right to access and disclose your information when we believe in good faith that such disclosure is necessary to: (a) enforce legal rights and comply with the law; (b) comply with an order from a government entity or other competent authority, (c) prevent or address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage; (d) protect our rights, prevent fraud and/or comply with judicial proceeding, court order, or legal process served on GroupSolver.
  • Law Enforcement – we may be required to disclose your information to government or law enforcement officials in response to a lawful request by a public authority or if we have to do so to comply with a legal obligation, including to meet national security or law enforcement requirements. We can also disclose your information in order to apply or enforce our terms and conditions or to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent or prevent any illegal activity (including for the purposes of fraud protection and credit risk reduction).
  • Anonymized Information – we may share any of the Personal Information that’s no longer personally identifiable. We may anonymize your Personal Information so that you are not individually identified, your company is not individually identified, or your campaign specifics cannot be ascertained and provide that information to our partners.
  • Aggregate Usage Information – we may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage information to a partner in a manner that would identify you personally, as an individual or company.
  • Affiliated Businesses – in certain situations, businesses or third party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or Websites’ policies.
  • Agents – we employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing GroupSolver to receive and process your credit card transactions for us. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
  • Protection of GroupSolver and Others – we reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of GroupSolver, our employees, our users, or others.

5. INFORMATION SECURITY

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We have implemented technical and operational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personally identifiable information you provide to us is stored on password-protected databases on our secure servers behind firewalls and we use Secure Sockets Layer (SSL) to ensure that the transmission of sensitive data for payments and contributions is encrypted and appropriately safeguarded. We train our stuff on the importance of information security and focus specifically on practices for protecting against unauthorized disclosure of personal data. We have a documented incident response plan for acting upon events that violate GroupSolver’s security or privacy policies, should they occur, and this plan is reviewed and updated on an ongoing basis.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. Passwords registered with our Website are encrypted to ensure protection against unauthorized access to your personal information. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of our Website. The information you share in public areas may be viewed by any user of our Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.

6. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:

· name and password,

· email address,

· user profile information.

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at privacy@groupsolver.com . Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to: privacy@groupsolver.com.

7. TRANSFER OF PERSONAL INFORMATION

International user notice

This Website is intended for use by residents of the United States. For international users, please note that your information (including your Personal Information) may be transferred to and processed in the United States. All matters relating to this Website are governed by privacy laws of the United States. If you reside in a country outside the United States, please note that the data protection and privacy laws of the United States may not be as protective as the laws in your country. By using our Website, you agree to have your information transferred to and used in the United States as set forth in this Privacy Policy.

Therefore, international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States.

Specifically, for residents of the European Union, please note that the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy policy. By using the Website, you agree to have your information used and transferred to the United States as set forth in this Privacy policy.

EU – U.S. Privacy Shield and Standard Contractual Clauses

GroupSolver has not certified its compliance with the EU-U.S. Privacy Shield Framework yet. But no worries, we are working on it and will you keep posted soon. We at GroupSolver are committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. Stay tuned.

Nowadays, we have applied for international data transfers European standard contractual clauses which governs all data transfers between European Union and non-European countries as the United States. The European Commission decided that standard contractual clauses offer sufficient safeguards on data protection for the data to be transferred internationally. Therefore, it has so far issued two sets of standard contractual clauses for data transfers from data controllers in the EU to data controllers established outside the EU or European Economic Area (EEA). It has also issued one set of contractual clauses for data transfers from controllers in the EU to processors established outside the EU or EEA. For more information, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en

8. WEBSITE SPECIFIC INFO

What if I have relied on Information Posted on GroupSolver website?

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by GroupSolver, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of GroupSolver. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Does GroupSolver website provide any Social Media Features?

This Website may provide certain social media features that enable you to link to or display certain content on this Website on your own or certain third-party websites or to send emails or other communications with certain content from this Website. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.

Subject to the foregoing, you must not establish a link from any website that is not owned by you or cause any portions of the Website to be displayed by framing, deep linking or in-line linking on any other website. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Does GroupSolver provide links form the Website?

The Website may contain links to other sites and resources provided by third parties, including links contained in advertisements. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. You may request deletion of your account by privacy@groupsolver.com. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

9. GDPR COMPLIANCE

The General Data Protection Regulation (GDPR) is a new set of privacy regulations and guidelines that replaces the Data Protection Directive 95/46/EC and become effective on May 25, 2018. GDPR will require numerous changes to organizations in the way they collect and process personal data and information of European Union citizens.

GDPR contains a number of new protections for European Union citizens and threatens significant penalties for non-compliance. In addition, there are new security, recordkeeping, access rights, transparency, total control of personal data and notification procedures that companies must implement to ensure compliance. Issues that are attracting particular focus include increased administrative requirements, and the need to provide the tools necessary to meet the numerous obligations on both controllers and processors.

All data are processed electronically on the instructions of the Customer as required to provide the software, support, and maintenance. Since the Customer has mostly a full control over its data and personal information, it may have special obligations to protect the data outside the scope of the protection GroupSolver provides (for instance, if data were downloaded to the user’s local drive or printed). GroupSolver has always agreed to safeguard all Customer data with industry best standards regardless of what that data represents.

In order to be in compliance with GDPR, we will have provided following changes in GroupSolver (here’s just a brief summary of the main changes that we have to implement):

  • Limited Processing – Only to process the data and personal information we need to fulfil our obligations as related to the Services.
  • Increased Transparency – As technology evolves, so does the information that technology is able to collect. We have therefore updated our Privacy Policy to reflect the current information that we automatically collect through our website, software, applications and our platform.
  • Appointment of Data Protection Officer (DPO) – We have decided to create this new role, so you can in case of any questions related to processing of data and personal information you can contact our DPO who will let you know and help you to deal with your problem regarding personal data protection.
  • Sufficient guarantees to the Controller – We have to implement appropriate technical, personal and organizational measures designed to safeguard your data and personal information,
  • Update our Security Documentation – Update documents that describe the processes and procedures for safeguarding the data.
  • Secured International Data Transfers – We have to adopted certain guarantees that provide sufficient protection to your data which are transferred outside the country of origin (e.g. European data to the US, or US data to the European Union).
  • GDPR provides European users with a robust set of rights – As a citizen of any member state of European Union, you will have an absolute and total control over your data and personal information, for example the rights regarding the collection, use, and onward transfer of your personal information. These include the right, under certain circumstances, to:
  • Access their personal information,
  • Correct inaccurate personal information,
  • Request erasure of their personal information without undue delay,
  • Request the restricted processing of their personal information,
  • Receive the personal information that they have provided us with, in a structured, commonly used and machine-readable format and you have the right to transmit that information to another controller without hindrance or ask us to do so.
  • To object to the processing of their personal information.

We have updated our Privacy Policy to reflect this framework of rights and how users can contact GroupSolver to exercise these rights.

10. LEGALESE

Warranty Disclaimer. GroupSolver does not make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from GroupSolver or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL GROUPSOLVER BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO GROUPSOLVER IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. To the fullest extent allowed by applicable law, You agree to indemnify and hold GroupSolver, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without GroupSolver’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Diego County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“ JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Diego County, California, or the Southern District of California.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the GroupSolver may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and GroupSolver agree that these Terms are the complete and exclusive statement of the mutual understanding between you and GroupSolver, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms 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 these Terms and you do not have any authority of any kind to bind GroupSolver in any respect whatsoever. Except as expressly set forth in the section above regarding the Apple Application, you and GroupSolver agree there are no third party beneficiaries intended under these Terms.

Arbitration. At our sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to arbitration in San Diego, California in accordance with the Commercial Arbitration Rules of and by the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The decision of the arbitrators shall be final and conclusive.

Limitation on Tine to File a Claim. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS THAT GIVE RISE TO ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE, OR YOU WAIVE YOUR RIGHT TO PURSUE ANY SUCH CAUSE OF ACTION OR CLAIM BASED UPON SUCH EVENT OR FACTS.

Waiver and Severability. No waiver by GroupSolver of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GroupSolver to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement. The Terms of Service, our Privacy Policy and, if you have signed up to use any of the services offered on the Website, the Services Agreement, constitute the sole and entire agreement between you and GroupSolver with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. In the event of any conflict of terms between these Terms of Use and the Services Agreement, the Services Agreement shall control.

Termination of Agreement. We may, in our sole discretion, terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

11. GROUPSOLVER CONTACT INFO

If you have any questions or concerns regarding our Privacy Policy, please send us a detailed message to privacy@groupsolver.com, and we will try to resolve your concerns. If you wish to contact our DPO directly, you can do so by sending your email to tomas.darmo@groupsolver.com.

Or you can contact one of our offices in San Diego, Provo or Kosice, Slovakia (EU).