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Effective Date: June 30, 2020

Woven Privacy Policy

This Privacy Policy (“Policy”) discloses the privacy practices for the www.startwoven.com, app.woven.team website and various related services (together referred to as the “Site”). Woven, the provider of the Site (referred to as “Woven,” “us,” or “we”), is committed to protecting the privacy of our website visitors and customers. Please read the information below to learn the following regarding your use of this Site.

You acknowledge that this Policy is part of our Terms of Use, and by accessing or using our Site, you agree to be bound by all its terms and conditions. If you do not agree to this Policy, please do not access or use this Site.

1. Types of Information Collected.

To better provide you with our numerous services, we collect two (2) types of information about our users: Personally Identifiable Information and Nonpersonally Identifiable Information (both defined below). Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using our Site.

(a)        Personally Identifiable Information. “Personally Identifiable Information” refers to information that provides Woven the specifics of who you are. When you engage in certain activities on this Site, such as registering for the services, using the Site, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we may ask you to provide certain information by completing and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When purchasing services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

(b)       Nonpersonally Identifiable Information. “Nonpersonally Identifiable Information” refers to information that does not by itself identify a specific individual. We gather certain information about you based upon how you use our Site. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Uniform Resource Locator (“URL”) of any sites you visited prior to or after our Site, your browser type, what browser you are using, and your Internet Protocol (“IP”) address.  An IP address is a number that is automatically assigned to your computer or device whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses to facilitate users’ ability to communicate on the Internet.

2. Collection Methods and Use of Information.

(a)        Woven only collects the personal information that is necessary to provide the information or services requested by an individual. “Personal Information” refers to any information relating to an identified or identifiable individual who is the subject of the information. This is the same information that an individual might provide when visiting our office and it includes such items as an individual’s name, address, or phone number.  

(b)       We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you: (a) register for our services and register your email address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send email messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing services on our Site. We may also collect information from you at other points on our Site that state that such information is being collected.

(c)        When Customers pay using their Visa, MasterCard, or American Express, Woven uses a third party payment processor (please see Section 7 below).

(d)       In addition, we may also collect, or our third-party ad server and/or content server may collect, certain Nonpersonally Identifiable Information. We use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. Our third-party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon at our Site.

(e)        We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of our Site, improve our marketing and promotional efforts, statistically analyze Site use, improve our product and service offerings, and customize our Site’s content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Site Terms of Use, Order Forms and this Private Policy.

(f)        Woven uses the collected information to respond appropriately to requests. This may be to respond directly to you or to improve the Site. E-mail or other information requests sent to Woven may be retained for future use by Woven.

(g)       Woven understands that the nature of the User Content submitted to, exchanged with, reported from, and/or generated by Woven may be of a confidential, sensitive, and proprietary nature. Woven warrants and represents that it shall not share, utilize, review, access, or otherwise make use of any information submitted to, exchanged with, reported from, and/or generated by Woven except for the explicit purposes of operating Woven of as provided herein.

(h)       Woven will not share, sell, or distribute User Content covered by this Policy with any third-parties, including any of our affiliated companies, officers, directors, shareholders, subsidiaries, agents, or representatives except as otherwise provided herein.

(i)        Notwithstanding the foregoing, we may share User Content with third-parties in the following circumstances:

(i)         We may employ third-party service providers to perform functions on our behalf. They may have access to personal information needed to perform their functions, but may not use it for other purposes.

(ii)        From time to time, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.

(iii)       We may release User Content when we believe release is appropriate to comply with the law or any rue, regulation, government or court order; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Woven, our affiliated companies, our users, or others. However, this does not include selling, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Policy.

3. Release of Information.

We do not sell, trade, or rent your Personally Identifiable Information to others. We may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our Sites and to deliver their services.  For example, we must release your credit card information to the card-issuing bank to confirm payment for services purchased on this Site. Use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

Occasionally we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation.  We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities.  We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

We may also provide Nonpersonally Identifiable Information about our customers’ sales, traffic patterns, and related Site information to third-party advertisers, but these statistics do not include any Personally Identifiable Information.

4. Updating and Correcting Information.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Site. In addition, it may be impossible to completely delete your information without some residual information because of backups.

5. Modifications.

We reserve the right to change this Policy at any time. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an email to the email address listed by registered users or Customers by either sending an email to the notification email address, posting a notice on the Customer’s invoice, or posting a notice in the Administrator’s view of Customer’s account. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Site and Policy periodically, and to be aware of any modifications. Your continued use of the Site after such modifications will constitute your (a) acknowledgement of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

6. User Choices on Collection and Use of Information.

We may, from time to time, send you email regarding our Site or services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you.  Only Woven (or agents working on behalf of Woven and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly.

7. Security of Information.

At our Site you can be assured that your Personally Identifiable Information and Nonpersonal Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us.  We may encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

To most efficiently serve you, credit card transactions are handled by established third-party banking, and processing institutions. They receive the information needed to verify and authorize your credit card or other payment information.  Woven neither collects nor processes any payment card information (PCI). We may also use other third parties to assist or provide with the performance of certain services or functions on the Site. 

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information and Nonpersonal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third-party.

8. Cookies.

When you use our Site, we will store cookies on your computer to facilitate and customize your use of our Site. A cookie is a small data text file, which a website stores on your computer’s hard drive (if your Web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to our Site. The cookies make your use of the Site easier, make the Site run more smoothly and help us to maintain a secure site.  For example, the “Remember me” feature when you sign in to your account, we store your username in a cookie to make it quicker for you to sign in whenever you return to Woven.  We also use cookies for security reasons such as authenticating your identity and confirming whether you are currently logged into the Site or determine if an incident impacts you. We store user preferences, your default language, device and browser information, your profile information which includes the level of usage of service and the web-pages on our Site which you visit, so we can identify you across devices and personalize the content you see. We use cookies to measure your usage of our services and track referral data, as well as to occasionally display different versions of content to you. This information helps us to develop and improve our services. You can configure your web browser to refuse cookies or to notify you when a website attempts to send you a cookie. You can also check your hard drive for cookie files and delete them from your computer. You are always free to decline our cookies if your browser permits, but some parts of our Site may not work properly in that case.

We may use an outside ad serving company to display banner advertisements on our Site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about you. We and our third-party ad server will collect and use Nonpersonally Identifiable Information about you, such as your IP address, browser type, the server your computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad.  Other advertisers may also place banner ads on our Site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.

9. Privacy Policies of Third-Party Sites.

Except as otherwise stated in this Policy, this document only addresses the use and disclosure of information we collect from you. Other sites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties. Additionally, other companies which may place advertising on our Site may collect information about you when you view or click on their advertising using cookies. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect. We do not sell your personal information to third parties.

10. Disclaimer.

(a)        This Site and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Woven does not warrant that the Site will operate or perform in a manner that is uninterrupted or error-free, or that the Site or host server will be maintained free of viruses or other harmful code.

(b)       Woven, its agents, and associates shall not be held liable for any damage actual or consequential arising from action taken in response to information presented on this Site. This Site is published independently of any software or hardware vendor. The views expressed in any Woven publication are those of the authors and do not necessarily reflect the views of Woven or any individual associated with this Site.

11. Miscellaneous Privacy Issues.

You should be at least eighteen (18) years old to have our permission to use this Site.

Protecting children’s privacy is especially important to us. We recognize that some users may be under age eighteen (18). We do not knowingly collect personal information from children under thirteen (13) for marketing purposes.  If a child under the age of thirteen (13) submits personal information to the Company and we learn that that personal information is the information of a child under thirteen (13), we will attempt to delete the information as soon as possible. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and all other applicable laws.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in any public areas on this Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to public areas on this Site are accepted with the understanding that they are accessible to all third parties. If you do not want your submissions to be viewed by third parties, you are advised not to make them.  You should also be aware that if you interact with social media features on the Site, these features may collect information about your use of this Site as well as post information about your activities on this Site to your profile page. Your interactions with these features are governed by the privacy policy of the company providing it. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you are online.

Woven retains personal information we collect from you as long as we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax, or accounting requirements, resolve disputes and enforce our agreements). Woven retains nonpersonal information as long as is legitimately necessary or in accordance with record retention policies.. Woven will delete or otherwise discard customer data or data we collect about you while using our services at our discretion or when you contact us to do so. You can initiate such a request by contacting support@startwoven.com.

We do not knowingly collect or obtain from third parties, any personal data, including any “Sensitive Personal Data,” as defined under the General Data Protection Regulation (“GDPR”). “Sensitive Personal Data” are personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership; data concerning health or sex life, and sexual orientation; genetic data or biometric data.

12. California Residents.

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, this Policy identifies the categories of personally identifiable information that we collect through our Site about individual consumers who use or visit our Site and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

(a)        Depending on the visitor's activity at our Site, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following:

(i)         A first and last name;

(ii)        A home or other physical address, including street name and name of a city or town;

(iii)       An email address;

(iv)       A telephone number;

(v)        A social security number;

(vi)       Any other identifier that permits the physical or online contacting of a specific individual; and

(vii)      Information concerning a user that the Site collects online from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy.

(b)       See Section 2 above entitled “Collection Methods and Use of Information” for a description of the process maintained by Woven for an individual consumer who uses or visits our Site to review and request changes to any of his or her personally identifiable information that is collected through our Site.

(c)        See Section 5 above entitled “Modifications” for a description of the process by which Woven notifies who use or visit our Site of material changes to this privacy policy. The effective date of this privacy policy is also included above.

13. Residents in the European Union.

This Policy is in compliance with the GDPR that was adopted by the Parliament of the European Union and published as Regulation (EU) 2016/679 (General Data Protection Regulation), which became effective on May 25, 2018. The full text of the GDPR can be viewed at https://gdpr-info.eu/.

If you are a visitor from the European Union (EU) and Switzerland, our legal basis for collecting and processing the information described above will depend on the information concerned and the specific context in which we collect and process it. We collect and process information from you only where we have your consent (Art. 6 para 1 lit. a) GDPR), where we need the information to provide our contractual obligation to you (Art. 6 para 1 lit. b) GDPR) or where we have a legitimate interest to do so.

If you wish to learn more about specific legal ground(s) we rely on to process your information for any particular purpose (including any legitimate interests we have to process information), then please contact us using the details provided below under “Get in touch”. However, by way of example, we rely on our legitimate interests to process information for fraud prevention and detection, provided these interests are not overridden by your data protection interests or fundamental rights and freedoms (Art. 6 para 1 lit. f) GDPR).

14. International Transfers.

Woven operates its technology from servers located in the United States and the information it collects through users is processed solely in the United States.  Laws governing the collection and use of data in the European Union, Switzerland, or United States may not be equivalent to those in the country where you reside, but Woven will at all times protect your data in accordance with this Privacy Policy.

We may share your information with our affiliates and other third parties described above who are based in countries outside of your country of residence. While some countries may not have data protection laws that are equivalent to those of the country in which you reside, we will take all reasonable measures to protect your information in accordance with this Privacy Policy and all applicable legal requirements.

If any of the recipients is located in a country without the adequate legal protection or safeguards for personal data, Woven will make reasonable efforts so the recipient adopts the principles described in this Privacy Policy.

15. Changes in Corporate Structure.

In the event that Woven is involved in a bankruptcy, merger, acquisition, reorganization, or sale of assets, your information may be sold or transferred as part of that transaction. The promises in this Privacy Policy will apply to your information as transferred to the new entity.

16. Impact of EU - U.S. Privacy Shield.

This Privacy Policy is intended to comply with the GDPR and the EU-US framework of privacy principles agreed on February 2, 2016 and formally adopted by the European Commission implementing decision C(2016) 4176 final of July 12, 2016, or any other framework for transferring personal data from the EEA or Switzerland to the United States that is approved by the European Commission as providing an adequate level of protection pursuant to the GDPR (the “Privacy Shield”). In the event of any amendment to the GDPR or the Privacy Shield, this Privacy Policy shall be deemed to be amended to the extent necessary to ensure compliance with such amendment.

17. Your Rights.

You have the following rights:

• The right to be informed- this means we must inform you how we are going to use your personal data. We do this through this privacy policy and by informing you how your data will be used each time we collect it.

• The right of access - you have the right to access your personal data that we hold. This is called a subject access request. We must respond to your request within one month. To request access to your data, please email support@startwoven.com. It is very helpful if you tell us what of your personal data you are seeking.

• The right to rectification - if you think the data we hold on you is incorrect, tell us so we can put it right. You can do this by emailing support@startwoven.com.

• The right to erasure - you have the right to request that we delete your data. We will do so, provided that we do not have a compelling reason for keeping it. To request this, please email support@startwoven.com.

• The right to restrict processing - you can change your communication preferences (therefore restricting how we communicate with you) by emailing support@startwoven.com. There are also certain other circumstances in which you can suppress the processing of your personal data. To request this, please email support@startwoven.com.

• The right to object - you have the right to object to (i) direct marketing from Woven or from third parties we have shared your data with for direct marketing purposes. You can opt out of direct marketing any time by emailing support@startwoven.com; (ii) any processing where our lawful basis is a legitimate interest. If you would like to formally object to any of our legitimate interest processing, please email support@startwoven.com

• Rights in relation to automated decision making and profiling - this is not something we do Woven. If that ever changes, this policy will be updated accordingly. 

18. Withdrawing Your Consent.

Where we rely on your consent as the legal basis for processing your personal information, you may withdraw your consent at any time by contacting us using the details at the end of this Policy. If you would like to withdraw your consent or object to receiving any direct marketing to which you previously opted-in, you can do so using the unsubscribe tool (if it is an email), or by writing to us or calling us using the contact details at the end of this Policy.  If you withdraw your consent, our use of your personal information before you withdraw is still lawful. If you have provided consent for your details to be shared with a third-party, and wish to withdraw this consent, please also contact the relevant third-party in order to amend your preferences.

If you have any questions about this Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at support@startwoven.com or by sending a letter to: Woven Brands, LLC, 6304 Guilford Ave. Ste A, Indianapolis IN 46220.    

Last Revised: November 2nd, 2023

This Terms of Service Agreement (the "Agreement") is a binding agreement between you (the "User" or "you") and Woven Brands, LLC, an Indiana limited liability company, ("Woven", "us", or "we"). Woven has entered into an agreement with your employer ("Employer") to provide you with access and use of the Services (as defined herein), and this Agreement, together with any documents incorporated herein by reference, governs your use of and access to the Site, Software, and all Content, functionality, and services therein (collectively, the "Services"). This Agreement is effective on the date that you click or check a box or button agreeing to this Agreement (the "Effective Date").

PLEASE READ THIS AGREEMENT CARFULLY BEFORE USING THE SERVICES. BY CHECKING THE BOX AND/OR CLICKING THE I AGREE BUTTON AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, ARE AT LEAST 18 YEARS OF AGE, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MUST NOT USE THE SERVICES.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.

Certain defined terms used in this Agreement are set forth in Schedule I (Schedule of Definitions) attached hereto and made a part hereof.

1. Changes to this Agreement. We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions contained herein will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site or Software. Your continued use of the Services following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check the Site and Software from time to time so you are aware of any changes, as they are binding on you.
2. Access and Security.
   1. Subject to the terms of this Agreement, Woven grants to User, while Employer remains a client of Woven, a personal, limited, non-exclusive, non-transferable license, in object code format only, to permit User to use the Services in accordance with the use parameters described in this Agreement. The provision of the Services and license hereunder is not contingent upon the delivery of any future features or functionality of the Software or Site, nor dependent on any verbal or written promises made by Woven regarding future features, use or functionality of the Software or Site. This license shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.
   2. You will be provided with a username and password as part of Woven’s security procedures, which you must treat such information as confidential, and you must not disclose it to any other person or entity other than your Employer. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions thereof using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You shall use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
   3. User acknowledges and understands that we have the right to disable any username, password, or other identifier, at any time if, in our opinion, you have violated any provision of this Agreement.
   4. User is responsible for procuring and maintaining the network connections, high-speed internet, and all software and equipment that may be necessary to connect the to the Services, including, but not limited to, "browser" software that supports protocols utilized by the Software, or Site such as the latest versions of Mozilla Firefox, Chrome, Edge, or Safari. Woven assumes no responsibility for the reliability or performance of any computer networks, connections, or systems not owned or operated by Woven.
3. Use of Services. You shall only access and use the Services for lawful purposes and in accordance with the terms and conditions of this Agreement and our then current Privacy Policy (the "Privacy Policy") found at https://startwoven.com/woven-privacy-policy/ which is incorporated herein by reference. You acknowledge and agree that you shall not use the Services in the following manner:
   1. User shall not transmit or store any Content or other material in the Software or Site that infringes upon the Intellectual Property Rights of Woven or any third parties.
   2. No part of the Services may be sublicensed, rented, leased, distributed, copied, resold, reproduced, distributed, republished, displayed, posted, supplied, transmitted, or otherwise transferred in any form or by any means. User shall not "frame" or "mirror" the Software or Site or create internet links to the Software or Site that include log-in information, usernames, passwords, and/or secure cookies.
   3. Your use of the Services is subject to all applicable laws and regulations, and you are solely responsible for the content of your communications through the Software and Site. By posting information in or otherwise using any communications service or interactive service that may be available on or through the Software or Site, User agrees that you shall not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that is (collectively, the "Prohibited Content"):
      1. unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies as determined in Woven’s sole discretion;
      2. in Woven’s sole discretion be deemed to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      3. infringes on any patent, trademark, trade secret, copyright, right of publicity, Intellectual Property Rights, or other proprietary right of any party;
      4. constitute unauthorized or unsolicited advertising, or junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
      5. contains software viruses or any other computer code, worm, trap door, back door, and other harmful or malicious code, files, scripts, agents, or programs files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
      6. impersonates any person or entity, including any of Woven’s employees or representatives;
      7. is protected by the Health Insurance Portability Accountability Act ("HIPAA");
      8. means to harvest information about other Users;
      9. modifies the information, including headers, found on the Site or Software;
      10. transmits, installs, uploads, or otherwise transfers to the Site or Software any unauthorized advertisement or communication;
      11. engages in any action which Woven determines is detrimental to the use and enjoyment of the Site or Software;
      12. uses the Site or Software for any unlawful or defamatory means; or
      13. transmits, installs, uploads, posts, or otherwise transfers any information in violation of the laws of the United States or posts any information that would result in civil unrest.
   4. User shall not use its account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Software or Site may be available to User. User shall not interfere with anyone else’s use of the Software or Site. Users who violate systems or network security may incur criminal or civil liability.
   5. User shall not merge the Services into any other products, services, software, or hardware. User shall not remove the Software or Site from any product or platform or use the Software or Site in connection with any product, software, or service other than the products, software, or services expressly designated by Woven.
   6. User shall not take any actions that could or would reverse engineer, reproduce, modify, adapt, alter, translate, decompile, disassemble, duplicate, or create derivative works of the Software, Site, or any other Woven technology. User shall not attempt to derive any of the of Software’s or Site’s source code.
   7. User shall not use its access granted hereunder to the Software and Site to (i) build a competitive product or service; (ii) make a product or service using similar ideas, features, functions, or concepts as the Software or Site; (iii) make derivative works based upon the Software or Site; or (iv) copy any ideas, features, functions, or concepts as the Software or Site.
   8. Except as expressly permitted by Woven, User acknowledges and agrees that that User will not upload, share, post, or otherwise distribute or facilitate distribution of any Prohibited Content, whether created by User or acquired from another person, company, or any other website, application, or internet source.
4. Woven’s Rights and Obligations. Your use of and access to the Services shall be subject to the following:
   1. User understands and agrees that temporary interruptions of the Services may occur as normal events, and further understands and agrees that Woven may have no control over third party networks User may access in the course of the use of the Services, and therefore, delays and disruptions arising out of third party transmissions are completely beyond Woven’s control.
   2. User understands and agrees that Woven assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User Content, communications, or personalization settings. Woven neither endorses nor assumes any liability for the contents of any material uploaded or submitted by User. We shall not be responsible for any pre-screening, monitoring, or editing of the Content User posts or provides to Woven.
   3. User agrees that the Software or Site may automatically download and install updates, upgrades and additional features that Woven deems reasonable or beneficial or reasonably necessary.  User acknowledges and agrees that any obligation Woven may have to support the previous version(s) of the Software or Site may be ended upon the availability of the update, upgrade, or implementation of additional features.  Any new features that augment or enhance the then-current Software or Site will also be subject to this Agreement. Any updates or new features added to or augmenting the Software or Site are also subject to this Agreement.
   4. User agrees that we may at any time, and at our sole discretion, terminate User’s access to the Software or Site without prior notice to User for violating any terms or conditions of this Agreement or any other acceptable use standards we implement. In addition, User acknowledges that we reserve the right to cooperate fully with investigations of violations of systems or network security owned or controlled by any third party providers, including by cooperating with law enforcement authorities in investigating suspected criminal violations.
   5. We, and our agents, have the right in our sole discretion to remove any Content or communications that, in our sole discretion or judgment, do not comply with this Agreement, any other acceptable use standards we implement, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such Content or communications. User hereby consents to such removal and waives any claim against us arising out of such removal of Content or communications.
   6. User acknowledges that we may establish general practices and limits concerning the use of the Software or Site, the maximum disk space that will be allotted on our servers on User’s behalf, and the maximum number of times (and the maximum duration for which) User may access any part of the Software or Site in a given period of time. User further acknowledges that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
   7. If User breaches Section 3, or any other term of this Agreement, User acknowledges and agrees that Woven may terminate or suspend User’s access to the Services. User further agrees that Woven shall not be liable to User nor to any third party for any suspension of the Services under such circumstances as described in this section.
   8. Woven may make messaging services available to User. Woven will not inspect the contents of private messages except in the narrowly defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Woven will make User messaging data available for User Employer’s inspection upon request but will not otherwise disclose such data unless otherwise required by applicable law or by court or governmental order.
5. Intellectual Property Rights.
   1. Woven Intellectual Property Rights. User agrees that all rights, title, and interest in and to all intellectual property in the Software and Site and any connected documentation (including all updates, enhancements, and derivative works thereof and thereto) are owned exclusively by Woven or its licensors. User agrees that all content on the Software and Site, including the logo, articles, other text, and graphics ("Woven Marks") are the intellectual property of Woven and are protected under trademark, trade dress, patent, copyright, and other laws. User agrees that you shall not reverse engineer, decompile, or disassemble any intellectual property or proprietary information belonging to Woven. The time-limited access license granted to User does not convey any rights in the Services, express or implied, or ownership in the Software or Site or any Intellectual Property Rights thereto.  Any rights not expressly granted herein are reserved by Woven.  User agrees not to display or use the Woven Marks in any manner without Woven’s express prior written permission. The trademarks, logos, and service marks of third-party providers ("Marks") are the property of such third parties.  User shall not use these Marks without the prior written consent of such third party who may own the Marks.
   2. User Material and License . Users posting their own content (the "User Material") on the Software or Site pursuant to the terms of this Agreement retain the copyright in such User Material, but they are deemed to have given Woven a license to the User Material sufficient for the purposes of operating the Software and Site, which means Woven can copy the User Material for backup and archival purposes, display it on the Software and Site, use the User Material in advertising and lead generation for the Services, allow viewers to view (including by downloading a copy to the viewer’s machines) and edit the User Material for length or in compliance of the rules applicable to User postings on the Software or Site. This license is perpetual, worldwide, transferable as part of any transfer of the Software or Site in whole or in part, and fully paid up. Woven also has the right to remove User Material from the Software or Site at any time for any purpose. All User Material is deemed to not be confidential or proprietary when User posts or otherwise publishes the User Material to the Site or Software.
   3. User Restrictions . By accepting this Agreement, User acknowledges and agrees that all Content presented on the Software or Site is protected by Intellectual Property Rights and is the sole property of Woven or its licensors. Users are only permitted to use the Content as expressly authorized by Woven. Except as expressly set forth herein, User disclaims all rights to or ownership of any information and data generated by a product or service obtained from or through the Services. User may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the Software or Site in any form or by any means without prior written permission from Woven, except as follows:
      1. your computer may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content;
      2. you may store files that are automatically cached by your web browser for display enhancement purposes;
      3. if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by any additional terms of use that may apply to such applications, if any.
      Any unauthorized use of the Content appearing on the Software or Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Woven does not warrant or represent that User’s use of Content or other material displayed on or obtained through the Software or Site will not infringe the rights of third parties. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement of Intellectual Property Rights to support@startwoven.com.
6. Indemnification. User hereby agrees to defend, indemnify, and hold harmless Woven, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your sharing of any User Material, any use of the Services or its Content other than as expressly authorized in this Agreement, or your use of any information obtained from the Services.
7. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL WOVEN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SOFTWARE, SITE, OR ANY CONTENT ON THE SOFTWARE OR SITE INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCENDITAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
8. Disclaimer of Warranties. User hereby acknowledges and agrees that we cannot and do not guarantee or warrant that files available for downloading from the internet, Site, or Software will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SOFTWARE OR CONTENT OBTAINED THROUGH THE SITE OR SOFTWARE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR SOFTWARE, OR ON ANY THIRD PARTY WEBSITES LINKED TO THE SITE OR SOFTWARE.

   YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SOFTWARE IS AT YOUR OWN RISK. THE SERVICES AND ALL MATERIALS AND CONTENT ON THE SITE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WOVEN MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM WOVEN WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS; (v) ERRORS OR DEFECTS WILL BE CORRECTED, OR (vi) THE SOFTWARE OR SERVICES OR THE SERVER(S) THAT MAKE THE SOFTWARE AND SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

   THE SOFTWARE OR SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WOVEN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER ERRORS RESULTING FROM ANY OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET. THE USE OF THE SOFTWARE OR SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT OR MATERIALS THROUGH THE SOFTWARE OR SITE IS DONE AT USER’S OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR ANY OTHER PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

   WOVEN IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS, OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SOFTWARE TO ANYONE.

   ANY WARRANTY THAT IS PROVIDED TO USER IN CONNECTION WITH ANY SOFTWARE, SERVICES, PRODUCTS, OR MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SOFTWARE OR SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY WOVEN. THROUGH USER’S USE OF THE SERVICES, USER MAY HAVE OPPORTUNITIES TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS AND VENDORS. USER ACKNOWLEDGES THAT ALL TRANSACTIONS RELATING TO ANY PRODUCTS OR SERVICES OFFERED BY ANY PARTY, ARE AGREED TO SOLELY BETWEEN USER AND SUCH OTHER PARTY. WOVEN MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED BY AND BETWEEN USER AND THIRD PARTIES WHEN FACILITATED THROUGH, OR IN CONNECTION WITH THE SOFTWARE OR SERVICES, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Content Presented on the Site and Software.
   1. Content. The Content and information presented on or through the Site and Software is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such Content. Any reliance you place on such information is done strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content.
   2. Links. If the Software or Site contains links to other sites and resources provided by third parties, such links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Software or Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
   3. Third Party Content. The Services may include Content provided by third parties, including, but not limited to, Content provided by other users and third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in such Content or any other Content than as provided by Woven, are solely the opinions and the responsibility of the person or entity providing such Content. We are not responsible, or liable to you or any third party, for the Content or accuracy of any Content provided by any third parties.
10. Third Party Applications.
    1. Third party providers may offer Third Party Applications and related services to you on the Site or Software. You acknowledge and understand that the use of such Third Party Applications or services shall be subject to separate terms and conditions as otherwise provided to you by such third party provider. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED BY AND BETWEEN YOU AND THIRD PARTIES OR THIRD PARTY APPLICATIONS FACILITATED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND USER UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT USER’S OWN RISK.
    2. If you install or enable Third Party Applications or other third party services for use with the Software or Site, you agree that Woven may allow such third party providers to access User Material, Content, and other data as required for the interoperation of such Third Party Applications with the Software and Site. Any exchange of data or other interaction between User and a third party provider is solely between User and such third party provider. The continuing availability of any Third Party Application is subject to the continued effectiveness and terms of the contract between Woven and the third party provider.
    3. From time to time, Woven uses Third Party Applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to User, including but not limited to email delivery, calendar sharing, and User use data, Woven will pass data, including but not limited to User login credentials, contact data, email addresses, and other stored information to third parties. Woven is not required to disclose third parties involved in any of the above described transactions or features.
11. Arbitration; Governing Law and Jurisdiction.
    1. Informal Dispute Resolution. The Parties agree to attempt in good faith to resolve and settle all disputes about or relating to this Agreement through informal dispute resolution.
    2. Arbitration. All disputes, controversies and claims of any kind arising out of or relating to this Agreement or your use of the Services not resolved through informal dispute resolution shall be resolved through arbitration by the American Arbitration Association in Hamilton County, Indiana in accordance with the Federal Arbitration Act and the Commercial Arbitration Rules. This provision shall survive the termination or expiration of this Agreement.
    3. Governing Law and Jurisdiction. This Agreement shall be governed, construed, and enforced under and in accordance with the laws of the State of Indiana, both substantive and remedial, without regard to conflict of laws principles.
12. Severability. Should any term or provision of this Agreement be held to be unenforceable, invalid, or prohibited under law, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue if full force and effect.
13. Waiver. No waiver by Woven of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition, and any failure of Woven to exercise in any respect any right provided under this Agreement shall not be deemed a waiver of such right in the future or a waiver of any other rights established under this Agreement.
14. International Use. Although the Software or Site may be accessible worldwide, Woven makes no representation that the Services are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. The Content and materials on the Site and Software may not be appropriate or functional for use outside the United States of America. Users located outside of the United States of America who use the Site or Software understand this limitation. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
15. Entire Agreement. This Agreement, including all documents referred to herein and attached hereto, including, but not limited to, our Privacy Policy, constitutes the entire agreement between you and Woven regarding the subject matter hereof and supersedes all prior representations, understandings and agreements between the Parties with respect to such subject matter.
16. Notices. All notices required to be provided, and all other feedback or questions, should be directed to support@startwoven.com

"Access" means viewing or otherwise obtaining or requesting information using the Site.

"Affiliates" means any of Woven Brands, LLC’s owners, subsidiaries, affiliated companies, officers, directors, members, managers, suppliers, partners, sponsors, advertisers, and, without limitation, all other parties involved in creating, producing, and delivering the Services and its contents.

"Agreement" means these Terms of Service, together with any and all other documents, agreements, or understandings referencing these Terms of Service.

"Content" means any information, data, materials, templates, examples, forms, text, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by Users.

"Intellectual Property Rights" means all copyrights, trademarks, service marks, patents or other proprietary rights and laws relating to the protection of intellectual property.

"Site" means the access controlled, server-based site made available to User located on the Internet at www.startwoven.com or app.woven.team.

"Software" means access to and use of certain cloud-based software-as-a-service offering(s) for work and home services utilizing Woven’s software application.

"Third Party Applications" means online, Web-based applications or services, and offline software products that are provided by third parties and may operate in conjunction with the Services.

"Users" means individuals who are authorized to use the Services, for whom subscriptions to a Services have been purchased from Woven, and who have been supplied user identifications and passwords to access the Site, whether to post or access Content.

"User Content" means User’s name, contact information, business information, and other personal information put into Woven by User.