Last updated November 21st, 2019
Please read these Terms of Service (the "Terms" or "Agreement") carefully. This Whale Services Agreement is a legal agreement between Whale Incorporation ("Whale", "CommisSure", "us", or "we") and the entity or person ("Customer", "you", "your", or "user") who registered on the CommisSure Account page to download our software and other business services that may be offered by Whale and its affiliates (each, a "Service"). This Agreement describes the terms and conditions that apply to your use of the Services. We provide you with a more detailed description of the Services through published software libraries and additional resources we make available to you on our website.
Wherever used in these Terms, "you", "your" or similar terms means the person or legal entity accessing or using the Services. If you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
YOU AGREE THAT BY REGISTERING FOR, ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH WHALE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Whale reserves the right to modify, supplement or replace these Terms, effective upon posting the changes on the Site or notifying you otherwise. For continued use of the Services following the posting of changes to these Terms or receipt of notice, you will be required to accept and agree to such changes to continue using the Services. You are responsible for regularly consulting the current version of the Terms prior to your use of the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement. If you do not understand any of the terms of this Agreement, please contact us before using the Services. You can contact us at: firstname.lastname@example.org.
Please review our Commercial Terms for information about additional contract terms relating to purchases
What Are the Terms of Services?
What Is the CommisSure Service?
The CommisSure Software (as defined below), the CommisSure service, and other products, services and websites hosted or made available by Whale, are collectively referred to in these Terms as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these Terms.
If This Is a Contract, Who Are the Parties?
You, the Account Holder, are one party to this contract. (An Account Holder is the person or entity who has contracted with CommisSure as either an individual Trial version, Yearl, Monthly user)
The other party to this contract is Whale Incorporation, as applicable, may be referred to in these Terms of Service as “Whale” “we” and sometimes “us".
Can I Share My Account with Someone Else?
CommisSure service accounts should not be shared. If you share your Subscriber Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who is the proper Account Holder. We will not have any liability to you (or anyone you share your Subscriber Information with) as a result of your or their actions under those circumstances. Since you may use a free CommisSure service account, and since we provide a number of mechanisms to allow you to share your account Content with others, we strongly urge you not to share your information with anyone, unless you are doing so as part of your estate planning purposes, as discussed below.
I'm Guessing CommisSure Has Some Rights Relating to the Service?
They're described here:
While you own the Content you store within your own cloud service (subject to third party rights), you acknowledge and agree that Whale (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all CommisSure software deployed by you or a third party or any of the Evernote software applications for compatible computing devices that enable access and use of the Service through such device (the “CommisSure Software”).
INTELLECTUAL PROPERTY RIGHTS.
In agreeing to these Terms, you also agree that the rights in the Service and CommisSure Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any CommisSure Software. You are otherwise legally permitted to do so notwithstanding this prohibition.
RIGHT TO MODIFY THE SERVICE.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or CommisSure Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of CommisSure actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Whale has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. However, if you are a subscriber for monthly, yearly subscription or another paid version of the Service (each a “Paid Service”) and find that any such modifications or interruption of the Paid Service adversely affects you, you may notify our Customer Support team, explain the adverse impact the modification has created and, if you desire, request a termination of your Paid Service. Upon receipt of any such request, we will endeavor to promptly remedy the adverse impact caused by the modification, extend the duration of your Paid Service subscription for a period of time equal to the interruption and/or refund a portion of your Paid Service subscription fee equal to the remaining unused term of the Paid Service subscription, as we determine appropriate or as may be required by applicable law.
RIGHT TO ENGAGE THIRD PARTIES.
RIGHT TO UPDATE OUR SOFTWARE.
In connection with any modification of the Service, CommisSure may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. CommisSure will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), CommisSure may require you to install the update to continue accessing the Service. In all cases, you agree to permit CommisSure to deliver these updates to you (and you to receive them) as part of your use of the Service.