Terms of Use
Last Updated: 08/20/2024
Welcome to the OneDraft Platform, operated by agreenably, Inc. (referred to herein as "OneDraft" or "We," "Us," or other forms thereof). The OneDraft Platform (defined below) includes access to data, reports, information, and other content and applications on our website, software, and technology to help You enhance Your professional business updates.
THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND AGREENABLY, INC.
PLEASE READ THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THE ONEDRAFT PLATFORM (DEFINED BELOW). BY USING THE ONEDRAFT PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACCESS OR USE THE ONEDRAFT PLATFORM.
If You are entering into this Agreement on behalf of a company, business or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the terms "You" or "Your" shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not accept this Agreement and may not use the OneDraft Platform.
We reserve the right to modify this Agreement at any time. All changes will be effective immediately upon posting to the OneDraft Platform. By accessing or using the OneDraft Platform after changes are posted you agree to those changes. Material changes will be conspicuously posted to the OneDraft Platform or otherwise communicated to you.
1. Definitions
"Information" means the records, data, and other information submitted by You to the OneDraft Platform, including, without limitation, investor updates, financial statements, fundraising information, pitch decks, images, photographs, documents, and spreadsheets.
"OneDraft Platform" means the OneDraft site (at https://onedraft.ai/), including all websites and all devices, applications or services that We operate or offer that link to these Terms of Service, pages within each such website, device, application or service, any equivalent, mirror, replacement, substitute or backup website, device, application or service, and pages that are associated with each such website, device, application or service, and any know-how, processes, methodologies, specifications, designs, inventions, functionality, graphics, techniques, methods, applications, computer programs, user manuals, on-line documentation, products or other technology and materials of any kind, or any enhancement thereto, used by OneDraft in connection with the OneDraft platform or made available by OneDraft to You, through the OneDraft platform.
"Personal Data" shall have the meaning set forth in OneDraft's Privacy Policy.
"Process" shall have the meaning set forth in OneDraft's Privacy Policy.
"Benchmark Data" means statistical, system, usage, and configuration data derived from Your use of the OneDraft Platform that: (i) is either aggregated, de-identified, or anonymized and does not specifically identify You or Your customers.
2. License Grant
Subject to the terms and conditions of this Agreement, including the payment of any applicable fees, OneDraft hereby grants to You a revocable, nonexclusive, nontransferable, limited license during the term of this License to access and use the OneDraft Platform for Your internal business purposes only and in accordance with the terms of this Agreement.
The OneDraft Platform is made available to You as a hosted service, and OneDraft hosts and retains physical control over the OneDraft Platform and only makes it available for access and use by You over the Internet through a Web-browser (e.g., Google Chrome, Internet Explorer). Nothing in this Agreement obligates OneDraft to deliver or make available any copies of computer programs or code from the OneDraft Platform to You, whether in object code or source code form.
You shall be responsible for obtaining and purchasing all equipment, Internet access services, modifying its network, and doing all other things necessary in order to use the OneDraft Platform.
3. Purchasing and Cancellation
Different versions of the OneDraft Platform are provided on a subscription basis for a set term (each, a "Subscription Term"). You will choose and purchase a specific version of the OneDraft Platform when you first sign up. OneDraft offers three paid tiers: Basic, Pro, and Enterprise. For a limited time, OneDraft is offering the first updates free.
You may purchase services and access to the OneDraft Platform either online or through the use of an order form, depending on the type and level of service/access you are purchasing from us. You represent and warrant that You have all necessary rights to use any payment card (e.g., credit card) or other means of payment that You provide to Us.
All fees are as set forth in the applicable plan, agreement, or order form presented to you upon purchase and will be paid by You within thirty (30) days of invoice, unless otherwise specified in Your plan, agreement or order form. Except as expressly set forth in this Agreement, all fees are non-refundable. You are responsible for paying all taxes, and all taxes are excluded from any fees presented to you. Any late payments will be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.
By providing Your credit card information and agreeing to purchase an OneDraft Platform plan, You hereby authorize OneDraft (or its designee) to automatically charge Your credit card each calendar month during the Subscription Term. You acknowledge and agree that the amount billed and charged each month may vary depending on Your use of the OneDraft Platform.
You are responsible for providing truthful and accurate billing information, and false or inaccurate information is a breach of this Agreement and may result in cancellation of your purchase or termination of access to the OneDraft Platform. OneDraft reserves the right to refuse or cancel an order for any reason.
OneDraft may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to You; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. Pre-authorization may be performed to ensure that the card details are still valid and that You have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, You agree to accept and pay for any services, products, or access to the OneDraft Platform, as well as all applicable taxes.
You may cancel Your Account in accordance with your plan, agreement, or order form.
4. Trial Subscriptions
OneDraft is offering the first updates free for a limited time. These free updates are subject to the terms and conditions of this Agreement. OneDraft has the right to terminate free updates at any time for any reason. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ONEDRAFT WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS WITH RESPECT TO FREE UPDATES.
5. Your OneDraft Account
To use the OneDraft Platform, You must register for an account, and will either select or will be issued a username or similar identifier such as a unique number and password or pin ("Login Credentials"). You are responsible for safeguarding Your Login Credentials. You, and not OneDraft, are responsible for any activity occurring through Your Login Credentials, whether or not You authorized such activity. If You become aware of any unauthorized access through Your Login Credentials, You agree to notify OneDraft immediately. Your Login Credentials may not be shared and may only be used by You.
You agree to provide Us with accurate and complete information required to register for the OneDraft Platform and at other times as required in connection with using the OneDraft Platform ("Registration Information"). You agree, at all times, to: (a) provide current, complete, true and accurate Registration Information; (b) maintain and update your Registration Information as required to keep it current, complete and accurate; and (c) provide additional information about You and your organization which is pertinent to your use of the OneDraft Platform, as may be requested by OneDraft from time to time.
You shall authorize access to and assign unique passwords and user names to Your end users of the OneDraft Platform ("Client Accounts"). You shall be responsible for any activity occurring through the Client Accounts, including unauthorized activity. You shall use commercially reasonable efforts to prevent unauthorized access to or use of the OneDraft Platform and shall promptly notify Us in the event of any unauthorized access or use of the OneDraft Platform and any loss or theft or unauthorized use of any of the Client Accounts. You shall comply with all applicable local, state, federal, and foreign laws, treaties, and regulations applicable to Your use of the OneDraft Platform, including without limitation those related to privacy, electronic communications, and anti-spam legislation.
You acknowledge and agree that We may send You information and notices regarding our services by email or through other means. You acknowledge and agree that We shall have no liability associated with or arising from Your failure to maintain accurate contact or other information, including, but not limited to, Your failure to receive critical information about the OneDraft Platform. You acknowledge, consent and agree that We may access, preserve, and disclose Your registration and any other information You provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of OneDraft, its users and the public.
6. Proper Use of the OneDraft Platform
Certain parts of the OneDraft Platform may enable You to provide Information to the OneDraft Platform. You shall not upload or transmit to the OneDraft Platform any copyrighted or other proprietary materials without permission from the owner or any licensee with authorization to allow public display of such material and such other rights as are necessary to use the materials as they are used with the OneDraft Platform. You shall be solely responsible for any damages resulting from provision of these materials, and for obtaining all rights from their owners or licensors.
By using the OneDraft Platform, You further agree that:
- You will use the OneDraft Platform in strict accordance with all terms and conditions of this Agreement;
- You will comply with and refrain from violating applicable laws, including, but not limited international, federal, state or local privacy laws;
- You will not post or transmit any content that is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, or otherwise objectionable content;
- You will not use the OneDraft Platform to commit a criminal offense or to encourage others to conduct what would constitute a criminal offense or give rise to any civil liability;
- You will not use the OneDraft Platform to impersonate other persons or entities;
- You will not use the OneDraft Platform to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the OneDraft Platform or the hardware or software of any other person or entity;
- You will not post any material on the OneDraft Platform that infringes or violates the intellectual property rights of another;
- You will not alter, damage, or delete any content posted on the OneDraft Platform;
- You will not claim a relationship with or speak for any business, association, or other organization for which You are not authorized to claim such a relationship;
- You will not post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation; and
- You will not post any Information which You know to be, or have reason to believe is, inaccurate or materially misleading.
You are prohibited from selling, trading or otherwise transferring Your OneDraft Platform account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of the OneDraft Platform, or any information therein.
You are prohibited from registering or creating an account for any entity or individual other than Yourself, unless You are expressly authorized to create accounts on behalf of the entity or individual.
7. Third Party Applications
From time to time, OneDraft uses third party applications, content, websites, hardware, software, and services (the "Third Party Applications"), in providing the OneDraft Platform and services to You. Solely for these purposes, OneDraft will transmit certain data, including, but not limited to, user Login Credentials, contact data, email addresses, and other Personal Data to such Third Party Applications. We do not sell Personal Data to Third Party Applications.
The Third Party Applications may be governed by the terms and conditions of use and privacy policies of the third party providers thereof, and Your use of the Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You agree to abide by the terms and conditions of use and privacy policies of such Third Party Applications. You understand and agree that OneDraft does not endorse and is not responsible or liable for the performance, design, function, features, or content of any Third Party Applications or for any transaction You may enter into with the provider of any such Third Party Applications. OneDraft hereby disclaims all liability for Your use of and any causes of action, losses, costs or other claims You may have relating to any such Third Party Applications.
8. Protection of the OneDraft Platform
You acknowledge that the OneDraft Platform, and the materials and functionally available within the OneDraft Platform, are protected by copyrights, trademarks, service marks, patents, trade secrets and/or other proprietary rights and are owned by OneDraft or its licensors. Except as OneDraft may expressly authorize in writing, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the OneDraft Platform. All trademarks used within the OneDraft Platform are the proprietary property of their respective owners and are used by permission. As between You and OneDraft, You own all Information that you submit or post to the OneDraft Platform. You hereby grant to Us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your Information for the purpose of providing the OneDraft Platform and related services.
9. Ownership and Processing of Personal Data
OneDraft offers functionality within the OneDraft Platform that will include the ability to provide us with Personal Data. To the extent You provide OneDraft with Personal Data through our website, OneDraft's collection, use and transfer of Personal Data is subject to the terms of OneDraft's Privacy Policy, available at https://onedraft.ai/terms-and-policies.
You represent and warrant that You have all necessary rights in, and obtained all necessary consents to, any Personal Data You share with OneDraft or submit, transmit, store, via the OneDraft Platform, and to grant the OneDraft the rights granted under this Agreement.
Notwithstanding anything to the contrary in the Agreement, OneDraft may collect Benchmark Data and such Benchmark Data shall be the property of OneDraft. OneDraft shall have the right to use Benchmark Data to develop modifications, improvements, and enhancements to the OneDraft Platform.
10. Disclaimer of Warranties
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOUR USE OF THE ONEDRAFT PLATFORM IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE ONEDRAFT PLATFORM IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. ONEDRAFT DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED CONDITION OR WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ONEDRAFT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE ONEDRAFT PLATFORM, ANY CONTENT ON THE ONEDRAFT PLATFORM, OR ANY THIRD PARTY APPLICATIONS.
ONEDRAFT MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE ONEDRAFT PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ONEDRAFT PLATFORM WILL BE ACCURATE OR RELIABLE OR ACHIEVE ANY PARTICULAR RESULT; (C) YOUR USE OF THE ONEDRAFT PLATFORM, OR THE QUALITY OF ANY PRODUCTS, APPLICATIONS, ONEDRAFT PLATFORM CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE ONEDRAFT PLATFORM WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS IN THE ONEDRAFT PLATFORM WILL BE CORRECTED. IN PARTICULAR, THE ONEDRAFT PLATFORM'S OPERATION MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITS OF LIABILITY SET FORTH HEREIN, ONEDRAFT SPECIFICALLY DISCLAIMS ALL LIABILITY CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONALITY, FAILURE OF ACCESS, OR POOR USE CONDITIONS OF THE ONEDRAFT PLATFORM FOR ANY REASON.
YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM USING THE ONEDRAFT PLATFORM.
ONEDRAFT DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS LOGGING INTO OR REGISTERING TO USE THE ONEDRAFT PLATFORM, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE ONEDRAFT PLATFORM BY OTHER USERS; THEREFORE, ONEDRAFT DISCLAIMS ALL LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF INACCURATE INFORMATION, FRAUD, NEGLIGENCE, OR WILFUL MISCONDUCT THROUGH THE ONEDRAFT PLATFORM, OR ANY OTHER INAPPROPRIATE USES OF THE ONEDRAFT PLATFORM.
11. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONEDRAFT, ITS EMPLOYEES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AGENTS, OR ANY OF THEIR HEIRS OR ASSIGNS (THE "ONEDRAFT PARTIES"), SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, WRONGFUL DEATH, LOSS OF COMPANIONSHIP OR CONSORTIUM, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA) ARISING OUT OF OR IN CONNECTION WITH THE ONEDRAFT PLATFORM OR ITS USE, EVEN IF ONEDRAFT OR ANY OF THE OTHER ONEDRAFT PARTIES HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION LOSSES OR DAMAGES ARISING IN WHOLE OR IN PART FROM: (A) THE USE OF OR THE INABILITY TO USE, OR THE MALFUNCTION OF THE ONEDRAFT PLATFORM; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ONEDRAFT PLATFORM; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ONEDRAFT, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) ONEDRAFT CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE; (E) YOUR PURCHASE OF PRODUCTS OR SERVICES OF ANY KIND FROM ANY SOURCE VIA THE ONEDRAFT PLATFORM; AND, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AS SET FORTH IN THIS PROVISION.
TO THE EXTENT ALLOWED BY LAW, ONEDRAFT SHALL HAVE NO LIABILITY FOR UNAUTHORIZED THIRD-PARTY ACCESS TO, OR ALTERATION, THEFT, CORRUPTION OR DESTRUCTION OF, ANY INFORMATION CONTAINED ON THE ONEDRAFT PLATFORM, WHETHER THROUGH NEGLIGENCE, ACCIDENT, OR CRIMINAL, FRAUDULENT OR OTHER WRONGFUL MEANS OR DEVICES.
IN ANY EVENT, THE TOTAL LIABILITY OF ONEDRAFT TO YOU OR ANY OTHER USER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO AND SHALL IN NO EVENT EXCEED THE SUM OF THE GREATER OF ONE-HUNDRED DOLLARS ($100.00) OR, IN THE EVENT THAT YOUR DISPUTE OR CLAIM ARISES FROM YOUR PURCHASE OF PRODUCTS OR SERVICES, THE COST OF SUCH DISPUTED PRODUCTS OR SERVICES (I.E., THE AMOUNT YOU PAID TO ONEDRAFT FOR SUCH PRODUCTS). THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.
NOTE: SOME JURISDICTIONS EITHER LIMIT THE PERMISSIBLE SCOPE OF OR DO NOT ALLOW CERTAIN DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS AGREEMENT. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING HEREIN MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify and hold OneDraft and the OneDraft Parties harmless from and against any and all claims, damages, costs, losses, and other liabilities, including without limitation reasonable attorney, expert witness, and other professional fees, arising from any claims, actions or demands that arise out of or relate to (or are alleged to arise out of or relate to): (a) Your use of the OneDraft Platform including Your provision of Personal Data or other materials or content to the OneDraft Platform; (b) Your violation of any provision of this Agreement or misuse of the OneDraft Platform; or (c) Your violation of any applicable law, rule, regulation, intellectual property or other third party rights in connection with Your use or misuse of the OneDraft Platform. OneDraft may in its sole discretion and at any time, even after commencement of the defense, assume control of the defense of any third party claim that is subject to indemnification by You. You agree to provide all reasonable cooperation and assistance in defense of such claims.
OneDraft shall indemnify, defend and hold You harmless from and against any claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from a claim, suit or proceeding brought against You by a third party to the extent it is based on a claim that the OneDraft Platform infringes a United States patent, copyright or trademark (each, an "Infringement Claim"). OneDraft's obligations with respect to this section are conditioned upon: (i) You providing OneDraft prompt written notice of the Infringement Claim or threat thereof; (ii) You giving OneDraft full and exclusive authority for the conduct of the defense and settlement of the Infringement Claim and any subsequent appeal; and (iii) You giving OneDraft all information and assistance reasonably requested by OneDraft in connection with the conduct of the defense and settlement of the Infringement Claim and any subsequent appeal. If an Infringement Claim has been made, or in OneDraft's opinion is likely to be made, OneDraft may, at its sole option and expense, either: (i) procure for You the right to continue using the OneDraft Platform; or (ii) replace or modify the OneDraft Platform so that it becomes non-infringing. If neither of the foregoing options is reasonably available, OneDraft may immediately terminate both parties' respective rights and obligations under this Agreement with regard to the OneDraft Platform, and refund to You a pro-rata amount of any unused, prepaid fees actually paid by You for the OneDraft Platform. Notwithstanding the foregoing, OneDraft shall have no obligation to indemnify You to the extent an Infringement Claim arises from (i) the combination, operation or use of the OneDraft Platform with any other software, data, products or materials not supplied by OneDraft; (ii) the use of the OneDraft Platform in violation of the terms and conditions of this Agreement; (iii) the alteration or modification of the OneDraft Platform; (iv) OneDraft's compliance with Your designs, specifications or instructions; or (v) Your continued use of the OneDraft Platform after OneDraft has informed You of modifications or changes to the OneDraft Platform required to avoid the Infringement Claim.
13. Term; Termination of Service
Unless otherwise agreed to between the parties, each Subscription Term will automatically renew either (a) for additional one-month periods if you choose to pay on a monthly basis; or (b) for additional twelve-month periods if you choose to pay on an annual basis, unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Subscription Term.
OneDraft reserves the right, at our sole discretion, to terminate any and all access to the OneDraft Platform provided to You at any time without notice for any reason. OneDraft also reserves the right, at our sole discretion, to discontinue any service or modify any part of the OneDraft Platform We provide without notice, at any time, and without liability. OneDraft reserves the right, at our sole discretion, to terminate services provided to You, access to any and all parts of the OneDraft Platform, and to deactivate Your OneDraft Account Login Credentials. We shall not be liable to You or any third party if We terminate Your account, and You agree to hold Us harmless and indemnify Us from any third party claims arising from the termination of Your account, except as may be required by applicable law, and no refunds or compensation of any sort will be granted to You if We terminate Your account. You agree that any material breach of this Agreement will result in irreparable harm to OneDraft for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, OneDraft will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if OneDraft seeks such an injunction.
Upon any expiration or termination of this Agreement, You will immediately cease any and all use of and access to the OneDraft Platform. You acknowledge that following termination, You will have no further access to any of the data or information You input into the OneDraft Platform, and that OneDraft may delete any such data or information as may have been stored in the OneDraft Platform.
14. Advertisements and Promotions
OneDraft may conduct advertising campaigns and promotions itself or on behalf of third parties on the OneDraft Platform. Your correspondence or business dealings with, or participation in promotions of, advertisers other than OneDraft found on or through the OneDraft Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. OneDraft is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-OneDraft advertisers on the OneDraft Platform.
15. Controlling Law; Venue; Service of Process
This Agreement, and any disputes arising from, relating to, or touching upon the Agreement and/or the subject-matter hereof, shall be construed under and governed by the law of the State of Texas. All contracts resulting from or relating to this Platform, including this Agreement, as well as all information and advice provided in the OneDraft Platform, shall be deemed to have been formed, entered into, executed, and/or given/communicated in the State of Texas.
Any dispute arising out of or related to this Agreement or the subject-matter hereof, shall exclusively be brought or commenced, if at all, only in the courts located in Plano, Texas. By accessing and using the OneDraft Platform, You (and any person or entity on whose behalf You act) hereby agree and consent to the exclusive jurisdiction and venue of any state or federal court located in Collin County, Texas and You hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens. You (and any person or entity on whose behalf You act) agree to service of process for any claim arising out of or related to this Agreement via a national private carrier (e.g., FedEx, UPS), and hereby waive personal service.
16. Entire Agreement
This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. If any provision of the Agreement is held invalid by any law or regulation of any government, or by any court, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Agreement will remain in full force and effect.
17. No Third Party Beneficiaries
This Agreement is solely for the benefit of the parties, the OneDraft Parties, and their respective successors and assigns, and shall not be enforceable by or otherwise be interpreted in such a way as to create any third party beneficiary rights in any third party.
18. Updates
WE MAY FROM TIME TO TIME AMEND, SUPPLEMENT OR MODIFY THE AGREEMENT. IF WE MAKE MATERIAL CHANGES TO THE AGREEMENT, WE WILL POST AN UPDATED VERSION OF THE AGREEMENT OR COMMUNICATE NOTICE OF THE CHANGES TO YOU IN SOME OTHER MANNER. NOTWITHSTANDING THE FOREGOING, IT IS YOUR RESPONSIBILITY TO CHECK THE AGREEMENT PERIODICALLY FOR CHANGES.
You can review the most current version of this Agreement at any time at https://onedraft.ai/terms-and-policies. The revised terms and conditions will become effective upon posting, and if You use the OneDraft Platform after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to this Agreement is not acceptable to You, Your only remedy is to stop accessing and using the OneDraft Platform.
19. Amendments; Waiver
Except as provided herein, no supplement, modification, or amendment of this Agreement will be binding, unless executed in writing by a duly authorized representative of each party to this Agreement.
No waiver will be implied from conduct or failure to enforce or exercise rights under this Agreement, nor will any waiver be effective unless in a writing signed by a duly authorized representative on behalf of the party claimed to have waived. No provision of any purchase order or other business form employed by You will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement will be for administrative purposes only and will have no legal effect.
20. Time Limit to Bring Claims
To the extent permitted by applicable law, all claims against OneDraft or the OneDraft Parties arising out of this Agreement shall be filed within one (1) year of the date on which the event(s) first giving rise to the claim arose, and any claims not brought within such one-year limits shall be permanently barred.
21. Contact Information
If you have any questions about these Terms of Service, please contact us at:
OneDraft
3828 Glasgow Dr
Plano, TX 75025
Email: hey@onedraft.ai
Data Processing Agreement
This Data Processing Agreement ("DPA") forms part of the Agreement between OneDraft, Inc. ("OneDraft" or "Processor") and the Customer ("Controller") and is effective on the date both parties execute this DPA ("Effective Date").
1. Definitions
1.1 "Agreement" means the principal agreement between OneDraft and the Customer for the provision of services.
1.2 "GDPR" means the General Data Protection Regulation (EU) 2016/679.
1.3 "Personal Data" means any information relating to an identified or identifiable natural person as defined in GDPR.
1.4 "Processing" means any operation performed on Personal Data, whether or not by automated means.
1.5 "Data Subject" means the individual to whom Personal Data relates.
2. Scope and Purpose of Processing
2.1 OneDraft shall Process Personal Data on behalf of the Controller for the purpose of automating investor updates for early stage, venture-backed startups.
2.2 The types of Personal Data Processed may include, but are not limited to: financial data, HR data, product data, CRM data, ERP data, and any other business data shared by the Controller.
2.3 The categories of Data Subjects may include the Controller's employees, customers, investors, and other individuals whose data is contained in the business data shared by the Controller.
3. Obligations of the Processor
3.1 OneDraft shall:
a) Process the Personal Data only on documented instructions from the Controller, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by Union or Member State law to which OneDraft is subject; in such a case, OneDraft shall inform the Controller of that legal requirement before Processing, unless that law prohibits such information on important grounds of public interest;
b) Ensure that persons authorized to Process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
c) Take all measures required pursuant to Article 32 of the GDPR (Security of Processing);
d) Respect the conditions referred to in paragraphs 2 and 4 of Article 28 of the GDPR for engaging another Processor;
e) Taking into account the nature of the Processing, assist the Controller by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Controller's obligation to respond to requests for exercising the Data Subject's rights;
f) Assist the Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of Processing and the information available to OneDraft;
g) At the choice of the Controller, delete or return all the Personal Data to the Controller after the end of the provision of services relating to Processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data;
h) Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
4. Sub-processors
4.1 OneDraft does not use any sub-processors for the Processing of Personal Data under this DPA.
4.2 Should OneDraft intend to engage sub-processors in the future, it shall obtain prior written authorization from the Controller and enter into a written agreement with the sub-processor which imposes the same obligations on the sub-processor as are imposed on OneDraft under this DPA.
5. Security Measures
5.1 OneDraft shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including:
a) No access to third parties;
b) All processes run locally;
c) Secure firewalls in place to prevent unauthorized access;
d) Multi-factor authentication on services like databases and middleware.
6. Data Breach Notification
6.1 In the event of a Personal Data breach, OneDraft shall notify the Controller via email immediately after becoming aware of the breach.
6.2 The notification shall at least:
a) Describe the nature of the Personal Data breach including where possible, the categories and approximate number of Data Subjects concerned and the categories and approximate number of Personal Data records concerned;
b) Communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
c) Describe the likely consequences of the Personal Data breach;
d) Describe the measures taken or proposed to be taken by OneDraft to address the Personal Data breach, including, where appropriate, measures to mitigate its possible adverse effects.
7. Data Retention and Deletion
7.1 OneDraft may store Personal Data for up to 6 months to facilitate report generation.
7.2 After 6 months, all Personal Data will be permanently deleted from all drives and systems.
8. International Data Transfers
8.1 OneDraft may transfer Personal Data outside the European Economic Area (EEA) to its operations in Texas and New Jersey, USA.
8.2 OneDraft shall ensure that such transfers comply with the requirements of GDPR, including by implementing appropriate safeguards such as Standard Contractual Clauses or other mechanisms approved by the European Commission.
9. Audit Rights
9.1 The Controller may, upon reasonable notice and at its own expense, audit OneDraft's compliance with this DPA.
9.2 OneDraft shall make available to the Controller all information necessary to demonstrate compliance with its obligations under this DPA and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller.
10. Liability
10.1 OneDraft shall be liable for the damage caused by Processing only where it has not complied with obligations of the GDPR specifically directed to processors or where it has acted outside or contrary to lawful instructions of the Controller.
11. Termination
11.1 This DPA shall terminate automatically upon termination of the Agreement.
11.2 Upon termination of this DPA, OneDraft shall, at the choice of the Controller, return all Personal Data to the Controller or delete all copies of Personal Data, unless Union or Member State law requires storage of the Personal Data.
12. Governing Law
12.1 This DPA shall be governed by the laws of [Jurisdiction], without regard to its conflict of law provisions.
IN WITNESS WHEREOF, the parties have executed this Data Processing Agreement as of the Effective Date.
OneDraft, Inc. (Processor)
By: Param Nayar_________
Name: Param Nayar
Title: CEO
Date: 08/20/2024
[Customer Name] (Controller)
By: ________________________
Name:
Title:
Date:
Privacy Policy
Last Updated: 08/20/2024
agreenably, Inc. ("OneDraft", "we", "us" or "our") is committed to maintaining the privacy, confidentiality, integrity, and security of personal information collected from our users ("Personal Information"). This Privacy Policy describes the privacy practices we have adopted to protect our users' Personal Information collected through our Sites, including Sites viewable on mobile devices ("Mobile Applications" or "Mobile Apps") and OneDraft Mobile Applications. As used in this Privacy Policy, the term "Site" includes all websites, devices and applications that collect Personal Information from you that we operate that link to this Privacy Policy.
If you use the Site, you must comply with our Terms of Service. A copy of the Terms of Service can be found at https://onedraft.ai/terms-and-policies.
Summary of Our Privacy Practices
OneDraft uses your Personal Information only as necessary for our business and operational purposes. We use and disclose Personal Information only in the following circumstances: (a) to analyze Site usage and improve the services provided through the Sites (the "Services"); (b) to deliver to you any administrative notices or alerts and communications relevant to your use of the Services; (c) to advertise and market our Services to you; (d) to fulfill your requests for certain products and Services; for market research, project planning, troubleshooting problems; and (e) to detect and protect against errors, fraud, or other criminal activity.
We do not and will not sell or rent your Personal Information to any third parties. For more detailed information about our privacy practices, please review the remainder of this Privacy Policy.
Personal Information We Collect
OneDraft may collect the following categories of Personal Information about you through the Sites:
1. Registration Information: When you register for an account, you will be asked for basic registration information, such as an email address, name, and password.
2. Identification Information: You may also be asked to provide identification information to confirm your identity, including your first and last name, company, zip code and phone number.
3. Order & Payment Data: When you make a purchase online, you will be re-directed to our PCI-compliant payment processor Stripe. Any information that you provide directly to Stripe is governed by Stripe's privacy policy, not this Privacy Policy. OneDraft does not receive your credit card, debit card or other financial information when you make a payment- such information is provided directly to Stripe. However, OneDraft does receive information about your purchase and your contact information.
4. Live Chat Conversations: If you use our live chat feature, we will collect all text and other data that you submit via that chat feature. If you use a chat feature while signed into your OneDraft account, we may link the submitted data to your account.
5. Third Party Credentials: You may also enter in certain passwords, usernames, account numbers, and other account information for third party sites and Internet services ("Third Party Sites").
6. Information from Third Party Sites: In order to display information to you through a Service, we may collect, on your behalf, your account and other User Information from Third Party Sites that you register under your account via the Service. For example, if you register your Google Analytics account with us, we will aggregate your Google Analytics' information via our Site in order to present it to you.
7. Other Information: If you use our mobile application we may collect the IP address, unique identifier of the device, operating system version and app version for the purpose of providing you with our services.
8. Email Content: As part of our service, we relay sensitive company information via email. We collect and process the content of these emails to provide our services.
We do not ask you for, access or track any location-based information from your mobile device at any time while downloading or using our Mobile Apps or Services.
Data Security and Retention
We take very seriously the privacy of your User Information. We use SSL 128-bit encryption techniques, and authentication procedures, among others, to maintain the security of your online session and to protect OneDraft accounts and systems from unauthorized access.
You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk. In the unfortunate event that your Personal Information is compromised, we may notify you by email to the last email address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.
We will keep Personal Information for the period necessary to fulfil the purposes described in this Privacy Policy, unless a longer retention period is permitted or required by law.
How We Use and Disclose the Personal Information We Collect
We may use Personal Information to fulfill your requests for our products, programs, and Services, to respond to your inquiries about our Services, and to offer you other products, programs, or services that we believe may be of interest to you.
In order to allow you to use certain Services, we may be required to verify your identity. To do so, we may, directly or through third parties, use Personal Information you provide to verify Personal Information you provide against third party databases or through other sources. We may also use your Personal Information to verify your identity in the event you contact us for assistance with the Sites or Services.
We may use your Personal Information to pre-fill form fields on the Sites for your convenience.
In certain situations, we may use or share your Personal Information: (a) to respond to subpoenas, court orders, or legal process; (b) in order to investigate, prevent, defend against, or take other action regarding violations of our Terms of Service, illegal activities, suspected fraud, or situations involving potential threats to the legal rights or physical safety of any person or the security of our network, Sites or Services; (c) to respond to claims that any posting or other content violates the rights of third parties; (d) in an emergency, to protect the health and safety of our Sites users or the general public; (e) or as otherwise required by law.
We share your Personal Information with service providers that help us provide our Services. For example, we may share Personal Information with vendors that help us host and manage the Site, improve the content and functionality of the Site, perform data analysis, troubleshoot problems with the site, and support or provide the security of the Site.
Analyzing User Behavior: We may use your Personal Information for internal analysis such as analyzing user behavior in aggregate for research.
Technical Information: When you visit our Sites, we may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Site. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our web design and functionality.
Mobile Information: When you use the mobile versions of our Sites, we may collect the unique device identifier assigned to that device by phone makers, carriers, or makers of the operating system (the "Device ID"). Device IDs allow OneDraft and other app developers to uniquely identify your device for purposes of storing application preferences and other data. We may use your Device ID for security purposes. For example, if you have activated a feature that limits access to a Service from a specific device, our systems will access the Device ID from each device you attempt to access the Service with to determine if the device is the specific authorized device. Additionally, we may use Device IDs to monitor suspicious activity. For example, if we detect that a single account on a Site is being accessed from multiple devices, as determined by tracking the Device IDs that access an account, we may contact the user to ensure that such access has been authorized by the user.
User Feedback: Any feedback, questions, comments, suggestions, ideas, or the like that you send to OneDraft will be treated as being non-confidential and nonproprietary, and OneDraft will be free to use such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating the information.
Change of Control: If our company or our assets are acquired by another company, or in the event of a merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, Personal Information that you provide and other information concerning your relationship with us. Such third parties will assume responsibility for the Personal Information collected by us in connection with our business operations or through our Sites and such third parties will assume the rights and obligations regarding such information as described in this Privacy Policy.
Marketing Communications
OneDraft provides users periodic Site-related notifications, newsletters, or other information via email. Users may elect to stop receiving such messages at their discretion. If you no longer wish to receive periodic email updates from OneDraft, you may update your account preferences on the Site. You may also follow the unsubscribe instructions included in each promotional email. However, please note that certain Services-related email messages that we send users are necessary for the proper functioning and use of the Services, and users who participate in such Services do not have the ability to opt-out of such email messages.
Cookies and Analytics
How We Use Cookies: To enhance your experience with our Sites, many of our pages use "cookies." Cookies are text files that are placed on your computer to store your preferences or for other record-keeping purposes. Cookies and other user tracking mechanisms (e.g., local shared objects), by themselves, do not tell us your email address or other Personal Information unless you choose to provide this information to us by, for example, registering at our Site. However, once you choose to furnish us with Personal Information, this information may be linked to the data stored in the cookie or other tracking mechanism. We may use cookies and other user tracking mechanisms, including "persistent cookies", which will remain on your computer even after you close your browser, to understand Site usage and to improve the content and offerings on our Sites. For example, we may use cookies to personalize your experience at our Site (e.g., to recognize you by name when you return to our Site), and to save your password in password-protected areas. We also may use cookies to offer you products, programs, or services. While most browsers are set to accept cookies and other tracking devices by default, you can set yours to refuse tracking devices or to alert you before accepting them. However, by disabling tracking devices, you may not have access to the entire set of features of our Sites. Your browser manufacturer has information on changing the default setting for your specific browser.
Other Internet Technology: OneDraft may use standard Internet technology, such as web beacons and similar technologies, to track your use of the Site or to track your response to email messages that we send you in connection with the Sites or Services. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. OneDraft may use web beacons to improve your experience on the Site, including to provide you with content customized to your interests and to understand whether users read email messages and click on links contained within those messages so that the Site can deliver relevant content. Our web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon).
Google API Services Disclosure: OneDraft uses Google's Application Programming Interface (API) Services to allow our customers to integrate with Google's services. When our customers choose to integrate Google API Services with our Site, certain data maintained in your Google account ("Collected Data") will be populated into the Site. OneDraft's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Types of Data Collected with Google API Services: In connection with the Google API Services that we use for our Site, OneDraft integrates Google user authentication credentials into the Site to enable Google-based login to the Site and your Collected Data is automatically populated into the Site. The information collected and used with these API services may include confidential data (e.g. login credentials or sensitive information included within your emails) and personal data (e.g. Personal Information included within your emails). OneDraft does not see or access your Collected Data except as necessary to provide you support and to host such data within any hosted components of the Site.
Google Analytics: We use Google Analytics to collect and process information about your use of the Site. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site. To learn more about how Google uses data, visit Google's Privacy Policy and Google's page on "How Google uses data when you use our partners' sites or apps." You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.
Online Behavioral Advertising: We use third parties and/or service providers to provide interest-based advertising services. These services may serve advertisements on our behalf that are customized based on predictions about your interests generated from your visits to websites (including this Site) over time and across different websites. The data collected may be associated with your Personal Information. These advertisements may appear on the Site and on other websites, and may be sent to you via email.
We use Google Ads to serve ads across various websites. Google uses cookies to collect data about your visits to the Site to generate targeted advertisements to you on other websites that you visit. To opt-out of this type of advertising by Google, to customize your ad preferences, or to limit Google's collection or use of such data, visit Google's Safety Center and Google's Ad Settings and follow Google's personalized ad opt-out instructions. Opting out will not affect your use of the Site.
To change your preferences with respect to certain online ads or to obtain more information about ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. Opting-out of targeted advertising does not opt you out of all ads, just those targeted to you.
Children's Personal Information
Our Services and the Site are not directed at children under 18 years of age. We do not knowingly collect, use, or share Personal Information from children under 18. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.
Your Choices
To cancel your OneDraft account, log into your account, navigate to your account settings, navigate to your plan subscription, and click "Cancel".
If you ask us to delete your account, we will use commercially reasonable efforts to remove your Personal Information from our servers. Despite such removal, portions of your Personal Information may remain on our production and back-up servers indefinitely.
If you wish to access Personal Information that you have submitted to us or to request the correction of any inaccurate Personal Information you have submitted to us, you may correct certain Personal Information via your user account. Alternatively, you can send an email that includes your contact information to hey@onedraft.ai to request any corrections.
Access from Outside the United States
If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.
Changes to this Privacy Policy
We regularly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We reserve the right, at our discretion, to make changes to this Privacy Policy from time to time, so please review it frequently. You may review updates to our Terms of Service and Privacy Policy at any time via links on https://onedraft.ai. If we make material changes to this Privacy Policy, we will notify you here, by email or by posting a notice on our home page.
European Economic Area
While OneDraft does not currently operate in or target users in the European Economic Area, we are planning to do so in the future. When we do, we will update this Privacy Policy to include relevant information about GDPR compliance.
Contact Information
We welcome your comments or questions about this privacy policy. You may contact us at our address:
OneDraft
3828 Glasgow Dr
Plano, TX 75025
Or email us at hey@onedraft.ai.
European Economic Area Privacy Policy
OneDraft, Inc. ("OneDraft," "we," "us," "our") is committed to protecting the privacy of your information. The following Privacy Policy describes how we collect, use, and disclose information we receive from our users of our website, mobile applications, and products and services (collectively, the "Services") in the European Economic Area (collectively, "you" or "users"). For the purposes of compliance with the EU General Data Protection Regulation (GDPR), we will be the "controller" of personal data we receive about you.
Effective Date
This Privacy Policy is effective and last updated as of 08/20/2024.
The Information We Collect
We collect different types of information from users.
Personal Data means any information relating to an identified or identifiable natural person. Examples of Personal Data we collect from users include first and last names, company name and address, email address, telephone number, username and password for accessing your OneDraft account, IP addresses, and mobile device identifier.
Usage Data. We collect additional information regarding users' activities on our website, mobile app, and software application. For instance, when you view a section of our website or application that does not require you to log in with unique user credentials or start conversations with us using our software application, we may collect anonymous Usage Data that may not reasonably be used to identify you as the source. Usage Data includes "click stream" activity, such as when you click on a banner advertisement; the type of Internet browser and computer operating system you are using; the location from which you are accessing the website; the URL of the website from which you linked to our website; and the areas of our website you visited.
How We Collect Information
We collect Personal Data when you voluntarily provide such information through the website or other communications. For example, we receive Personal Data when you visit our website, create an online user account, subscribe to receive our communications, register for events, submit various online forms, and contact us via telephone, mail, or email.
We automatically record Usage Data on our server logs that your browser transmits when you use the website. We also collect Usage Information about how you access and interact with the website through the use of automated tracking technology, such as cookies. Please find more information about our use of cookies below.
How We Use and Disclose Information
General Uses and Disclosures. We use and share the information we collect from users for the purposes described below. To perform the following tasks, OneDraft may transfer your data to countries outside the European Economic Area using appropriate safeguards when necessary. When necessary, we will obtain your consent before using your data for these purposes.
1. Provision of Services to Website and Mobile Application Users. If you use our website or mobile application, we will use your information to process and respond to your requests, comments, inquiries, and other forms you submit through our websites.
2. Provision of Services to Customers. If you are an OneDraft customer, we will use your information to support our delivery of products and services to you.
3. Improving our Services. We use your information to enhance our understanding of our users' preferences and improve our services, websites, and mobile applications accordingly.
4. Disclosures to Service Providers. We share your information with third-party service providers that assist us with hosting and maintaining OneDraft's websites and applications, processing payment card information, analyzing online activity on our websites and applications, marketing our services, and managing our daily business operations and delivery of products and services. We share only the minimum amount of Personal Data with these service providers that they need to perform their tasks. We also enter into contracts with these service providers that require them to protect the Personal Data.
5. Compliance with Legal Obligations. We will share your information with law enforcement, government officials, regulatory agencies, or other parties when we are required to do so by applicable law. We will also disclose your information to comply with a judicial proceeding, court order, subpoena, or legal process.
6. Protection of Individual's Vital Interests. In emergency situations, we will use or share your information when doing so is necessary to protect an interest that is essential for an individual's life.
7. Other Legitimate Interests. We will use and disclose your information when necessary for OneDraft's legitimate interests, as long as such interests are not overridden by our users' interests, rights, and freedoms with respect to their Personal Data.
How to Withdraw Your Consent
At any time, you may withdraw consent you have provided to OneDraft for using, disclosing, or otherwise processing your Personal Data. You may withdraw your consent by emailing OneDraft at hey@onedraft.ai, and following the instructions in our communication to you.
Please note that your withdrawal of consent to process certain Personal Data about you (1) may limit our ability to deliver services to you, and (2) does not affect the lawfulness of our processing activities based on your consent before its withdrawal.
How We Use Cookies and Other Technology
To enhance your experience with our websites, many of our pages use "cookies." Cookies are text files that are placed on your computer to store your preferences or for other record-keeping purposes. Cookies and other user tracking mechanisms (e.g., local shared objects), by themselves, do not tell us your email address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at our websites. However, once you choose to furnish us with personally identifiable information, this information may be linked to the data stored in the cookie or other tracking mechanism. We may use cookies and other user tracking mechanisms, including "persistent cookies", which will remain on your computer even after you close your browser, to understand website usage and to improve the content and offerings on our websites. For example, we may use cookies to personalize your experience at our website (e.g., to recognize you by name when you return to our website), and to save your password in password-protected areas. We also may use cookies to offer you products, programs, or services. While most browsers are set to accept cookies and other tracking devices by default, you can set yours to refuse tracking devices or to alert you before accepting them. However, by disabling tracking devices, you may not have access to the entire set of features of our websites. Your browser manufacturer has information on changing the default setting for your specific browser.
OneDraft also uses standard Internet technology, such as web beacons and similar technologies, to track your use of the websites or to track your response to email messages that we send you in connection with the Services. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. OneDraft may use web beacons to improve your experience with the Services, including to provide you with content customized to your interests and to understand whether users read email messages and click on links contained within those messages so that the websites can deliver relevant content. Our web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon).
We use analytics software to allow us to better understand the functionality of our mobile applications on your mobile devices. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from.
Your Rights
You have the following rights under the GDPR:
- To access the Personal Data we maintain about you
- To be provided with information about how we process your Personal Data
- To correct your Personal Data
- To have your Personal Data erased
- To object to or restrict how we process your Personal Data
- To request your Personal Data to be transferred to a third party
To exercise the above rights, please contact us at hey@onedraft.ai. We will consider and process your request within a reasonable period of time. Please be aware that under certain circumstances, the GDPR may limit your exercise of these rights.
Retention of Personal Data
We will retain your Personal Data only as long as necessary to process your request or other submission, fulfill the terms of our service contract with you, and comply with applicable law. Specifically, we may store data for up to 6 months to facilitate report generation. After that, all data older than 6 months will be deleted from all systems.
Security of Personal Data
Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while we attempt to protect all Personal Data, we cannot ensure or warrant that Personal Data will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. We will notify you in the event we become aware of a security breach involving your Personal Data (as defined by applicable law) stored by or for us.
How to File a Complaint
You may file a complaint regarding this Privacy Policy or our privacy practices by contacting us at hey@onedraft.ai. Additionally, you may file a complaint with EU data protection authorities (DPAs). Please contact us to be directed to the appropriate DPA contact(s).
Comments and Questions
If you have a comment, question, or request related to the Privacy Policy, please reach us at hey@onedraft.ai.
Updates to the Privacy Policy
We may periodically revise the Privacy Policy in our sole and absolute discretion to reflect changes in the law or our business practices. If we revise the Privacy Policy, we post the updated Privacy Policy on our website. Changes to the Privacy Policy will become effective and will apply to the information collected starting on the date we post the revised Privacy Policy.