Terms of Use

Haystack Team Inc. (“Haystack”) provides legal entities (“Haystack’s Customer”) with a communications platform including collaboration and social networking tools (“Service”). The terms and conditions for the provision of the Service have been agreed in the agreement between Haystack and Haystack’s Customer. Your right as a User to use the Service is based on the agreement between Haystack and Haystack’s Customer. With regard to the Service, Haystack has obligations only towards Haystack’s Customer. For the sake of clarity, Haystack has no obligations towards the Users and these Terms of Use (“Terms”) do not create any obligations for Haystack. These Terms determine how you, as a User, may use the Service and what consequences may result from non-compliance with these Terms. By accepting the Terms, the User is deemed to have read and understood the Terms and agrees to be bound by them.

Haystack reserves the right to amend the Terms at any time to reflect the changes in the Service, in the agreement between Haystack and Haystack’s Customer or in the applicable laws. By continuing to use the Service, the User shall be deemed to have approved and accepted the amendments to the Terms and is bound by them. The amendments shall enter into force upon their publication in the Service.

Definitions

In the Term, the following capitalized terms shall have the meanings given to them hereunder (and where the context so admits the singular shall include the plural and vice versa); "User" shall mean an individual person who uses the Service. “Haystack” refers to Haystack Team, Inc..

"Intellectual Property Rights" means (i) patents, inventions, designs, copyright and related rights, database rights, trademarks and related goodwill, trade names (whether registered or unregistered) and rights to apply for registration; (ii) proprietary rights in domain names; (iii) knowhow and confidential information; (iv) applications, extensions and renewals in relation to any of these rights; and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world;

The Use of Service

The User may not copy, modify, display, distribute, reproduce, license, publish, transfer, or sell any information, products, software, or services obtained from the Service. The User shall be entirely responsible for maintaining the confidentiality of the User’s password and account. Furthermore, the User is entirely responsible for any and all activities that occur under the User’s account.

The User undertakes to inform Haystack without delay if any password has been revealed to a third party or if the User has a reason to suspect misuse of a username or password. The User shall change the password required for the use of the Service upon written request of Haystack if necessary due to data security risk to the Service.

The User undertakes not to use the Service for any purpose that is unlawful or prohibited by these Terms. The User may not attempt to gain unauthorized access to the Service, computer systems, other accounts or networks connected to any Haystack server, through hacking, password mining or any other means.

The User may not upload to the Service any material that infringes upon any third-party rights or applicable laws. By submitting any data to the Service, the User warrants that it has obtained all necessary rights, licenses and permissions under the applicable laws, decrees, regulations to submit the data to the Service. Additionally, the User may not upload to the Service any material that contains any viruses or other malware that may damage or interfere with the Service. The User undertakes not to use the Service in a way that endangers the functionality of the Service or the security of the Service. 

Additionally, the User commits to maintaining a respectful and inclusive environment within the Service, strictly prohibiting any form of harassment, cyberbullying, use of racially insensitive language, or any other activity that undermines the dignity and respect of others. This includes, but is not limited to, refraining from posting or transmitting content that is discriminatory, offensive, or harmful in nature towards any individual or group based on race, gender, sexual orientation, religion, ethnicity, disability, or any other characteristic. The Service is dedicated to promoting a positive and welcoming space for all Users, free from intimidation, hostility, or any behavior that could contribute to a hostile environment. Users found violating these principles may face immediate suspension or termination of access to the Service.

Intellectual Property Rights

Haystack acknowledges that Client may generate valuable intellectual property ("IP") while utilizing the Services. Client retains all rights, title, and ownership of any IP created or housed within the Services. Haystack maintains rights, title, interest, and ownership of the Services and any materials provided herein. However, Haystack does not claim ownership of Client-generated IP. By using the Services, Client grants Haystack a limited license to utilize Client-generated IP solely for the purpose of providing and improving the Services. Any modifications, compilations, or derivative works thereof shall remain the property of Client. Haystack agrees not to assert ownership over any Client-generated IP.

Reproduction, transfer, distribution, or storage of content protected by Haystack’s Intellectual Property Rights, including but not limited to pictures, design format, logo, audio clips, video clips and HTML coding, in any form as well as any unauthorized reproduction, total or partial, of the texts, illustrations, design format or logo by any means whatsoever without the prior written permission of Haystack is prohibited.

Third-Party Website & Services

The Service may contain links to third-party websites or services that are not maintained, under the control of or owned by Haystack. For clarity, Haystack is not liable for any contents, commentary or applications of such third-party websites or services.

Suspension of Service

Haystack shall be entitled to deny the User's access to the Service without first hearing the User if Haystack reasonably suspects that the User uses the Service contrary to these Terms, applicable laws, or administrative orders or in a manner that jeopardizes the provision of the Services to other Users.

Order of Precedence

Should there be any discrepancies or inconsistencies among the documents governing the use of the Service, they will be resolved according to the following hierarchy of precedence: (i) Order Forms and the accompanying Master Sales Agreement take precedence; (ii) The Data Processing Agreement (“DPA”)), applicable only in the context of Personal Data processing, follows; (iii) These Terms of Use come next in the hierarchy; and (iv) Finally, any other annexes are considered, with priority given in descending order of their presentation.