Service Terms

THIS IS AN AGREEMENT BETWEEN YOU OR THE REPRESENTATIVE ENTITY (hereinafter, “You” or “Your”) AND YOU PRISM LLC (hereinafter, “You Prism”) THAT GOVERNS THE USE OF THE ON-LINE SOLUTIONS AND SERVICE PROVIDED.

Parties to this Agreement

This Agreement consists of the following terms and conditions (hereinafter, the “General Terms”) and the terms and conditions, if any, specific to the use of the individual Services (hereinafter, the “Specific Terms of Service”). The General Terms and the specific Terms of Service are collectively referred to as the “Terms”. In case of conflict between the General Terms and the specific Terms of Service, the specific Terms of Service shall prevail.

Acceptance of the Terms.

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree with the General Terms, do not use any of our Services. If you accept the General Terms and do not accept the specific Terms of Service, do not use the corresponding service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or using the Services.

Service description

We provide a variety of services for the optimization, automation of your company’s processes with online solutions provided by our partners or created by our development team. You may use the Services for your personal and commercial use or for internal business purposes in the organization you represent. You can connect to the Services using any Internet browser compatible with the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and, if you choose to do so, you can publish and share that content. You are responsible for complying with the terms of service of our partners which apply. You can get the same in the links of our suppliers:

– Zoho:  https://www.zoho.com/terms.html
– Shopify:  https://www.shopify.com/legal/terms
– Charm EHR:  https://www.charmhealth.com/ehr/termsofservice.html
– Optivon: https://www.optivonpr.com/legal/

Subscription to the Beta service

We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for testing and evaluation purposes. You agree that we have the sole authority and discretion to determine the period of time for the testing and evaluation of the Beta Services. We will be the sole judge of the success of such tests and of the decision, if any, to offer the Beta Services as commercial services. You will not be required to purchase a subscription to use any Service paid as a result of your subscription to any Beta Service. We reserve the right to discontinue, in whole or in part, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without prior notice. You agree that You Prism will not be liable to you or to a third party for any damages related, derived or caused by the modification, suspension or suspension of any of the Beta Services for any reason.

Modification of the Terms of Service

We can modify the Terms by notification at any time through a service announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be sent a notice at least 30 days in advance of the changes by email to your primary email address. You may terminate your use of the Services by sending a notice to You Prism by email within 30 days after notification of the availability of the modified Terms if these are modified in a manner that substantially affects your rights in connection with the use of the Terms. Services. In the case of such termination, you will be entitled to a prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change in the Terms will be construed as your agreement to the modified Terms.

User Registration Obligations

You must register to obtain a user account by providing all the information required to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you and all other users in your organization register with the user accounts by providing their corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about you as requested by the registration process; and b) maintain and update quickly the information provided during the registration so that it is accurate, accurate, current and complete. If you provide false, inaccurate, outdated or incomplete information, or if You Prism has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, You Prism may cancel your user account and reject your current or future use of it. any or all of the Services.

Organization of accounts and administrators.

When you register an account for your organization, you can specify one or more administrators. Administrators will have the right to configure the Services according to their requirements and manage the end users in their organization’s account. If your organization’s account is created and configured on your behalf by a third party, it is likely that the third party has assumed the role of administrator of your organization. Be sure to obtain an appropriate agreement with a third party that specifies the functions and restrictions of that third party as administrator of your organization’s account.

You are responsible for i) ensuring the confidentiality of your organization’s account password, ii) designating competent people as administrators to manage your organization’s account, and iii) ensuring that all activities carried out in connection with the account of your organization comply with this Agreement. You understand that You Prism is not responsible for the administration of the account and the internal administration of the Services for you.

You are responsible for taking the necessary steps to ensure that your organization does not lose control of administrator accounts. You can specify a process to follow to regain control in case you lose control of administrator accounts by sending an email to  legal@youprism.com, as long as the process is acceptable to You Prism. In the absence of a specific administrator account recovery process, You Prism can provide control of an administrator account to an individual who provides satisfactory evidence for You Prism to demonstrate its authorization to act on behalf of the organization. You agree not to hold You Prism responsible for the consequences of any action taken by You Prism in good faith in this regard.

Personal information and privacy

The personal information you provide to You Prism through the Products, Services or Employees is governed by our Privacy Policy. Your choice to use the Service and / or Products indicates that you accept the terms of the You Prism Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other confidential information. You are responsible for all activities that occur in your user account and agree to inform us immediately of any unauthorized use of your user account by email to  support@youprism.com  or by calling us at any of the numbers listed in our website  www.youprism.com.  We are not responsible for any loss or damage to you or third parties incurred as a result of any unauthorized access and / or use of your user account, or otherwise.

You Prism Communications

The Service or products may include certain communications from You Prism, such as service announcements, administrative messages and newsletters. You understand that these communications will be considered part of the use of the Services and / or products. As part of our policy to provide you with total privacy, we also give you the option to stop receiving our newsletters. However, you can not choose not to receive service announcements and administrative messages.

Complaints

If we receive a complaint from any person against you regarding your activities as part of the use of the Products and / or Services, we will send the complaint to the main email address of your user account. You must respond to the claimant directly within 10 days of receiving the complaint we sent to you and copy You Prism in the communication. If you do not respond to the claimant within 10 days of the date of our email, we may disclose your name and contact information to the claimant so that the claimant may take legal action against you. You understand that your failure to respond to the complaint within the 10-day time limit will be construed as your consent to the disclosure of your name and contact information by You Prism to the complainant.

Fees and payments

The Services available under subscription plans have several durations. Your subscription will be renewed automatically at the end of each subscription period, unless you change the rating of your subscription plan to a free plan or inform us that you do not wish to renew your subscription. At the time of automatic renewal, the subscription fee will be charged to the last credit card and / or checking or savings account used by you. You can change the payment details if you want the renewal to be made through a credit card and / or a different checking or savings account by calling our finance department at the phone numbers provided on our website or by writing an email to  billing@youprism.com. If you do not wish to renew your subscription, you must inform us at least seven days before the renewal date. If you have not informed us that you do not wish to renew the subscription, it will be presumed that you authorized You Prism to charge the subscription fee to the last credit card and / or checking or savings account used by you.

From time to time, we may change the price of any Service or charge for the use of the Services that are currently available for free. Any increase in charges will not apply until the expiration of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan. You Prism is not responsible for changes in the prices of any service or charge for the use of our partners’ solutions. The prices of use of our partners are established by our partners and transferred to the client. Any claim related to prices or charges not made by You Prism to be made directly with the provider.

Restrictions on use

In addition to all other terms and conditions of this Agreement, you must not: (i) transfer the Services or make them available to third parties; (ii) provide any service based on the Services without prior written permission; (iii) use the links of third parties to sites without accepting the terms and conditions of its website; (iv) post links to third-party sites or use your logo, company name, etc. without your prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining the consent of such person or entity; (vi) use the Services in any way that may damage, disable, overburden, damage or damage any server, network, computer system or You Prism resource; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to deceive any person as to the identity or origin of any communication.

You acquire a solution from one of our partners through You Prism, you are responsible for complying with the terms of service of our partners in turn to comply with policies established by the supplier.

Spamming and illegal activities

You agree to be solely responsible for the content of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of illegal, defamatory, harassing, invasive of another person’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material, offending religious, feelings, promote racism, contain viruses or malicious codes, or that which infringes or may infringe the intellectual property or other rights of another person. You agree not to use the Services for the transmission of “spam,” “junk mail,” “chain letters,” “phishing,” or mass distribution of unsolicited e-mail. We reserve the right to suspend your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Inactive user account policy

We reserve the right to cancel unpaid user accounts that are inactive for a continuous period of 120 days. In the case of such termination, all data associated with said user account will be deleted. We will send you a prior notice of such termination and the option of making a backup copy of your data. The data deletion policy can be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service in order to calculate the period of inactivity. In other words, the activity in one of the Services is not sufficient to keep your user account active in another Service. In the case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Data property

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless you specifically allow it, your use of the Services does not grant You Prism the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for commercial purposes, marketing or similar. But you grant You Prism permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account only as required by the purpose of providing the Services.

User generated content

You may transmit or post content created by you using any of the Services or otherwise. However, you will be solely responsible for said content and the consequences of its transmission or publication. Any content that is made public will be publicly accessible through the Internet and can be tracked and indexed by the search engines. You are responsible for making sure that no private content is publicly available. Any content that you may receive from other users of the Services, is provided AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, display, sell, license or otherwise. exploit said content for any purpose, without the express written consent of the person who owns the rights to said content. In the course of using any of the Services, if you encounter any content with a copyright notice (s) or a copy protection function, you agree not to delete that copyright notice or to disable such copy protection function. ) as the case may be. By making any content protected by copyright / rights in any of the Services available, you affirm that you have the consent, authorization or permission, as the case may be of any person who may claim any right over such content for that such content is available in that way. In addition, by making the content available in the aforementioned manner, you expressly agree that You Prism will have the right to block access or remove such content made available to you if You Prism receives complaints about any illegality or infringement of the rights of third parties in said content. By using any of the Services and transmitting or publishing any content that uses said Service, you expressly accept the determination of questions of illegality or infringement of the rights of third parties in said content by the agent appointed by You Prism for this purpose.

To know the procedure related to complaints of illegality or infringement of the rights of third parties in the content transmitted or published using the Services, you can access https://youprismllc.com/abuse-policy/.

If you wish to protest because of the the blocking or elimination of content by You Prism, you may do so in the manner indicated here https://youprismllc.com/abuse-policy/

Sample files and applications

You Prism can provide sample files and applications in order to demonstrate the ability to use the Services effectively for specific purposes. The information contained in these files and sample applications consists of random data. You Prism makes no warranty, express or implied, as to the accuracy, usefulness, completeness or reliability of the information or files and sample applications.

Disclaimer of guarantees

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS IS AND ARE AVAILABLE. YOU PRISM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU PRISM MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM YOU PRISM, ITS EMPLOYEES OR REPRESENTATIVES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of liability

YOU AGREE THAT YOU WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES OR LOSS OF BUSINESS PROFITS, COMMERCIAL INTERRUPTION, LACK OF COMPUTATION, LACK OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY USE OR INABILITY TO USE THE SERVICE, EVEN IF YOU PRISM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL YOU PRISM BE LIABLE TO YOU FOR ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE RATES PAID BY YOU FOR THIS SERVICE.

Compensation

You agree to indemnify and hold harmless You Prism, its officers, directors, employees, suppliers and affiliates from and against any loss, damages, fines and expenses (including attorneys’ fees and costs) that arise from or are related to any claim you have. used the Services in violation of the rights of another party, in violation of any law, in violation of any provision of the Terms, or any other claim related to your use of the Products or Services provided, except when You Prism authorizes such use.

Arbitration

Any controversy or claim arising out of or relating to the Terms will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim of this type will be arbitrated individually and will not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the referee will be final and unappealable. The arbitration shall be conducted in Puerto Rico and the ruling on the arbitration award may be entered in any court that has jurisdiction over it. In spite of the contrary, You Prism can request at any time precautionary measures or other forms of equitable relief before any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account, temporarily disable access or discontinue service to all or part of any Service in case of suspected illegal activity, prolonged periods of inactivity or requests by the police or other government agencies. Objections to the suspension or deactivation of user accounts must be made to  abuse@youprism.comwithin thirty days of notification of the suspension. We can cancel a user account suspended or disabled after thirty days. We will also cancel your user account on your request.

In addition, we reserve the right to cancel your user account and deny the Services if we believe that you have violated the Terms and can cancel your access to any Beta Service in the event of unexpected technical problems or interruption of the Beta Service. You have the right to cancel your user account if You Prism breaches your obligations under these Terms and, in such case, you will be entitled to a pro-rated refund of any prepaid fees. The termination of the user account and / or service will include the denial of access to all Services, the deletion of information in your user account, such as your email address and password, and the deletion of all data in your account. of user.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this Agreement, please contact us at  abuse@youprism.com.