Terms & Conditions
Please read these terms and conditions carefully before using Our Service.
CONTROL PLATFORM INCORPORATED ( “CONTROLHQ” OR ‘WE”) IS WILLING TO PROVIDE CERTAIN SOFTWARE AND SERVICES TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY (REFERENCED BELOW AS “YOU” OR “YOUR”) THAT ENTERS INTO A WRITTEN OR ONLINE ORDER SCHEDULE, REGISTRATION FORM OR SIMILAR DOCUMENT WITH CONTROLHQ THAT REFERENCES THIS LICENSE AGREEMENT OR THAT OTHERWISE USES THE BETA SOLUTION (AS DEFINED BELOW) ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS LICENSE AGREEMENT (“AGREEMENT”). READ THIS AGREEMENT CAREFULLY BEFORE USING THE BETA SOLUTION. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND CONTROLHQ. BY ENTERING INTO A WRITTEN OR ONLINE ORDER SCHEDULE, REGISTRATION FORM OR SIMILAR DOCUMENT WITH CONTROLHQ THAT REFERENCES THIS AGREEMENT OR BY CLICKING ACCEPTANCE TO THIS AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
FOR THE SAKE OF CLARITY, IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF (AND FOR USE ON BEHALF OF) A COMPANY OR OTHER ENTITY (A "CORPORATE ENTITY"), YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH CORPORATE ENTITY TO THE TERMS OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT THE TERM "YOU" REFERENCED BELOW REFERS TO SUCH CORPORATE ENTITY.
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
- ControlHQ’s Beta Solution. The ControlHQ Beta Solution (hereinafter the “Beta Solution”) consists of (a) ControlHQ software, including any updates or upgrades (“Software”), and (b) certain services, features and/or functionality made available to You through ControlHQ’s online software portal (“Online Services”), and (c) any related documentation. The Beta Solution is more fully described on Exhibit A attached hereto.
- License Grant. Subject to the terms and conditions of this Agreement, ControlHQ grants You a limited, non-exclusive, revocable, non-transferable, personal, non-sublicensable license to install and use the Beta Solution, solely to test and evaluate the Beta Solution during the Beta Test Period (as defined in Section 7 below). The Software is made available to You via the Online Services or by download and no physical media will be provided to You.
- Restrictions. The license granted in Section 2 is granted solely to You. You may not use or copy the Beta Solution, or any copy thereof, in whole or in part except as expressly provided in this Agreement. You acknowledge that the Software and its structure, sequence, organization, and source code contain valuable trade secrets of ControlHQ, its affiliates, and its licensors. You will not, nor will You permit, assist, or encourage any third party to: (a) modify, adapt, alter, translate, or create derivative works from the Beta Solution; (b) merge the Software with other software or services; (c) sublicense, lease, rent, or loan the Beta Solution, or otherwise transfer the Beta Solution to any third party; (d) use the Beta Solution for the provision of any service for the benefit of any third party; (e) reverse engineer, disassemble, decompile, or translate the Software, or attempt to derive the source code of the Software or non-public APIs for the Online Services, except as permitted by law; (f) remove, obscure, or alter ControlHQ’s copyright notices, trademarks, and other proprietary rights notices affixed to or contained within the Beta Solution; (g) disclose, publish, or present any information related to the Beta Solution to a third party without the prior written consent of ControlHQ; or (h) otherwise exercise rights to the Beta Solution except as expressly allowed under Section 2.
- Ownership. The Beta Solution is licensed, not sold, to You for Your use only under the terms of this Agreement, and ControlHQ, its affiliates, and its licensors reserve all rights in and to the Beta Solution not expressly granted to You. The Beta Solution, and all worldwide intellectual property rights and proprietary rights relating thereto or embodied therein, are the exclusive property of ControlHQ, its affiliates, and its licensors. No licenses or rights are granted by implication, estoppel, or otherwise. You retain ownership of all right, title and interest in and to all of Your Materials. During the term of this Agreement, You hereby grant to ControlHQ a limited, worldwide, non-exclusive, royalty-free right to use, display, transmit, and distribute Your Materials solely as necessary to provide the Beta Solution to You. “Your Materials means all data and content made available by You to ControlHQ or otherwise provided by You in connection with the provision of the Beta Solution. ControlHQ shall have the right to collect, use, analyze and distribute data, information, analysis, statistics, related benchmarking algorithms and other data generated by the Beta Solution, including via machine learning (or derived from the your use of the Beta Solution) provided, however, that ControlHQ shall not disclose any such data unless such data is in a de-identified form that would not permit a third party to identify the data as associated with You and in no event would ControlHQ disclose any of the Your Materials without Your express written permission.
- Your Obligations.
(a) In connection with your use of the Beta Solution, You agree to provide to ControlHQ comments, criticisms, suggested improvements, and other feedback about the use, operation, functionality, and features of the Beta Solution (collectively, the “Feedback”). The Feedback may include, without limitation, any information about operating results, known or suspected bugs, errors or compatibility problems, user-desired features, the results of any and all benchmark or similar testing conducted within the Beta Test Period, and any unusual, unplanned, or out-of-the-ordinary Beta Solution performance observed by You.
(b) You agree that ControlHQ has the right to use the Feedback at its sole discretion, including incorporating all or some of the Feedback into the products, services, or Beta Solution of ControlHQ or any other party, all without notice to, payment to, or consent from You. This right is an unlimited, perpetual, fully paid-up, worldwide, non-exclusive, fully transferable, fully sublicensable, and irrevocable right to execute, reproduce, distribute, perform, display, modify, create derivative works of, make, have made, use, import, sell, offer to sell, and otherwise transfer the Feedback and to practice or have practiced any process or method involved in any use thereof.
(c) You are solely responsible for the accuracy of all of Your Materials. In connection your use of the Beta Solution, you shall not (a) send, upload or otherwise transmit any content or materials that are unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) upload or otherwise transmit, display or distribute any content or materials that infringe any trademark, trade secret, copyright or other proprietary or intellectual property rights of any person; or (c) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Support. ControlHQ may, in its sole discretion, provide You with certain reasonable support and consultation with respect to the Beta Solution free of charge to assist in your evaluation and testing activities under this Agreement; provided, however, that ControlHQ is not obligated to correct any bugs, defects, or errors in the Beta Solution or otherwise support or maintain the Beta Solution. If You wish to obtain additional support or consulting services concerning the Beta Solution and ControlHQ, in its sole discretion, agrees to provide such additional support or consulting services, such support and services will be provided at ControlHQ’s then-current rates, or as otherwise agreed by the parties.
- Term; Termination; The Agreement is effective as of the Effective Date and will continue until terminated by either party (the “Beta Test Period”). Either party may terminate this Agreement, with or without cause, immediately upon written notice to the other party. Upon the expiration or any termination of this Agreement, the license granted to You hereunder will terminate and You, at your expense, will promptly cease all use of the Beta Solution and return all copies of all Confidential Information in your possession to ControlHQ. ControlHQ will destroy all copies of Your Materials in its possession
- Confidentiality. For the purpose of this Agreement, “Confidential Information” means non-public information disclosed by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects, or to which the other party may have access, or any other information which a reasonable person would consider confidential and/or which is marked “confidential” or “proprietary” or some similar designation by the disclosing party or which is of a confidential nature even though not specifically so designated. Your Materials shall be deemed your Confidential Information. Confidential Information will not, however, include any information that (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party; (ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) is already in the possession of the receiving party at the time of disclosure by the disclosing party, as shown by the receiving party’s files and records; (iv) is obtained by the receiving party from a third party without a breach of the third party’s obligations of confidentiality; or (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession. Each of the parties agrees: (a) not to disclose any of the other party’s Confidential Information to any third parties except as mandated by law and except to those agents, advisors, or subcontractors who have a reasonable need to access such information, and who agree to be bound by confidentiality obligations no less stringent than those set forth in this Agreement; (b) not to use any of the other party’s Confidential Information for any purposes except carrying out such party’s rights and responsibilities under this Agreement; and (c) to keep the other party’s Confidential Information confidential using the same degree of care such party uses to protect its own confidential information; provided, however, that such party shall use at least reasonable care. If a party is required by law to disclose the other party’s Confidential Information, it will promptly notify the other party (providing notice prior to disclosure if permitted by law), and provide reasonable assistance in seeking protection of such Confidential Information. Upon termination or expiration of this Agreement the receiving party will promptly return or destroy all of the disclosing party’s Confidential Information in its possession. This section shall survive termination of this Agreement.
- Disclaimers. The Beta Solution is provided “as is” without any warranty of any kind whatsoever. ControlHQ, on behalf of itself and its affiliates and licensors, hereby expressly disclaims all warranties with regard to the Beta Solution, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. To the extent that, as a matter of applicable law, any implied or statutory warranty may not be disclaimed, the duration and scope of such warranty will be the minimum permissible under such applicable law.
- Limitation of Liability.
(a) In no event will ControlHQ or its affiliates or licensors be liable for any consequential, indirect, exemplary, special, or incidental damages, including any lost data and lost profits, arising from or relating to the Beta Solution or this Agreement, even if it has been advised of the possibility of such damages. To the extent that, as a matter of applicable law, liability for consequential, indirect, exemplary, special, or incidental damages may not be excluded or limited, ControlHQ’s liability for such damages will be limited to the minimum permissible under such applicable law.
(b) ControlHQ’s and its affiliates’, and licensors’ total cumulative liability in connection with this Agreement and the Beta Solution, whether in contract or tort or otherwise, will not exceed the greater of the fees paid by you to ControlHQ hereunder (if any) and one hundred U.S. dollars ($100). You acknowledge that the license fees (or lack thereof) reflect the allocation of risk set forth in this Agreement and that ControlHQ would not enter into this Agreement without these limitations on its liability.
ControlHQ does not guarantee that it will make a commercial release of a version of the Beta Solution available. You acknowledge and agree that the Beta Solution is a pre-release version, does not represent final product from ControlHQ, and may contain bugs, errors, or other problems that could cause Beta Solution failures and other damages, including, without limitation, damage to Your computer. Your use of the Beta Solution is entirely at your own risk.
- Compliance with Laws. You will comply with all laws, regulations, rules, ordinances, and orders applicable to your use of the Beta Solution. Without limiting the foregoing, the Software and related technology are subject to U.S. export control laws and regulations, and may be subject to export or import laws or regulations in other countries.
- Governing Law; Jurisdiction and Venue. This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of New York U.S.A., without reference to its choice of law rules. Each party hereby consents irrevocably to the exclusive jurisdiction and venue of the federal, state, and local courts in New York, New York in connection with any action arising out of or in connection with this Agreement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its costs, expenses, and reasonable attorneys' fees, in addition to any other relief it may receive.
- Modification; Waiver; Severability. All modifications, waivers, and amendments must be in writing and signed by both parties. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof will be unaffected and continue in full force and effect.
- Assignment. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and assigns of the parties hereto. You may not assign any of your rights or obligations under this Agreement without the prior written consent of ControlHQ. ControlHQ may assign this Agreement upon written notice to You. Any attempted assignment or transfer in violation of the foregoing will be void.
- Notice. All notices, consents, and approvals under this Agreement must be delivered in writing by electronic mail (email) to the other party at the following addresses:
To ControlHQ: firstname.lastname@example.org
To You: [at the email address you provided to ControlHQ on your registration page]
Either party may change its address by giving notice (via email) of the new address to the other party.
- Survival. The obligations of Sections 3, 4, 5(b), and 8 through 18 will survive termination or expiration of this Agreement for any reason.
- Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings and communications, whether written or oral.
Control HQ Beta Solution: Provides users to the following functionality
FlexCredit with monthly income-top ups available and flexible repayment
CashBoard, a financial dashboard with:
- Business Insights with Net Revenue, expenses and income
- Expense Management
- Goal Setting
- Aggregate all accounts to always know how much you have available to spend
If you have any questions about these Terms and Conditions, You can contact us:
- By email: email@example.com
By phone: (737)255-8662