Terms of Service

This Privacy Policy was last updated on December 17th, 2020.

PLEASE REVIEW THESE TERMS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING ANY UPDATES OR REVISIONS TO THE TERMS OR ANY POLICY. THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND US ARE SUBJECT TO BINDING ARBITRATION AS WELL AS A WAIVER OF CLASS ACTION RIGHTS AND ANY RIGHT TO A JURY TRIAL AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, HAVE YOUR CLAIMS HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.

1. Acceptance of Terms

1. This Agreement (this “Agreement”), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, is entered into by and between ElasticPod.com, Inc. (“Elastic Pod,” “we,” “us,” or “our”) and you (“Customer,” “you” or “your”) (each herein also referred to individually as a “Party,” or collectively as the “Parties”).
2. Elastic Pod LLC offers simple and efficient transcription, and other related document services through its proprietary online platform accessible from the website and associated domains of https://www.ElasticPod.com, https://ElasticPodcast.com and https://www.jamiepullup.com (collectively, “Site”) and Elastic Pod’s desktop or mobile applications (“Apps”), all of which may be updated from time-to-time, including any successor websites and domains, and web, mobile or desktop applications (the Site together with the Apps, the “Service”). Any access to or use of the Service is subject to the terms and conditions in the Terms of Service (“Terms”) set forth herein. Elastic Pod LLC  may, at its discretion, update the Terms at any time. You can access and review the most current version of the Terms at the URL for this page or by clicking on the “Terms of Service” link within the Service or as otherwise made available by Elastic Pod LLC.
3. If you are entering into the Terms on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind such entity to the Terms, in which case “you” shall refer to such entity. You represent and warrant that you are:

1. over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
2. of legal age to form a binding contract;
3. not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction;
4. not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country; and
5. not listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

2. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
3. Grant of Rights.
   Elastic Pod LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) access and view pages within the Service; (b) to access and use any online software, applications or other similar components made available through the Service, only within the Service and only in the form found within the Service; and (c) install, run and use the Apps on a device that you own and control, in executable, machine-readable, object code form only. All rights granted to you under this Agreement are subject to your compliance with the Terms in all material respects.
4. LIMITATION OF LIABILITY
   NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY:

1. ELASTIC POD LLC’s LIABILITY ARISING FROM (i) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (ii) FRAUDULENT MISREPRESENTATION, OR (iii) ANY OTHER LOSS OR DAMAGES FOR WHICH SUCH LIMITATION IS EXPRESSLY PROHIBITED BY APPLICABLE LAW, SHALL BE UNLIMITED.
2. SUBJECT TO SECTION 3(a), THE MAXIMUM AGGREGATE MONETARY LIABILITY OF ELASTIC POD LLC AND ANY OF ITS REPRESENTATIVES IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LAW SHALL NOT EXCEED ACTUAL DAMAGES INCURRED UP TO THE GREATER OF:

1. AN AMOUNT EQUAL TO SIX TIMES THE FEES PAYABLE BY CUSTOMER FOR THE USE OF THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE FIRST MONTH IN WHICH FEES ARE CHARGED UNDER THIS AGREEMENT, OR
2. THE TOTAL AMOUNT PAID BY CUSTOMER TO ELASTIC POD FOR THE USE OF THE PLATFORM OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT(S) THAT FIRST GAVE RISE TO THE CLAIM.

3. THE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTIONS 11(j) and 11(k) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

1. Definitions

1. “Applicable Law” means all applicable laws and regulations, including any relating to workplace safety, anti-money laundering, anti-corruption, privacy, data protection, export control or transactions with foreign nationals.
2. “Aggregate Data” means data that has been aggregated in a manner that does not reveal any personal information and cannot reasonably be used to identify Customer or End Users as the source of such data.
3. “Agreement” (including, without limitation, the term “this Agreement”) means, collectively, the Terms, any Policy, and other addenda which govern Customer’s use of the Platform or Elastic Pod’s provision of Service.
4. “Credentials” means any user accounts, passwords and other authentication credentials associated with use of the Platform by Customer or End Users.
5. “Customer Data” means all information, content, data and other materials that Customer and End Users submit, upload, email, transmit, process or otherwise make available through the Platform.
6. “Customer Facilities” means Credentials, and any other account, hardware, platform, system or facility within Customer’s custody or control.
7. “Emergency Security Issue” means any: (i) use of the Platform by Customer or End Users that disrupts or is reasonably likely to disrupt the availability of the Platform to other users; or (ii) access to the Platform by any unauthorized third party through use of any Customer Facilities.
8. “End Users” means Customer’s employees and contractors who access and use the Platform pursuant to this Agreement.
9. “Intellectual Property” means all rights associated with patents and inventions; copyrights, mask works and other works of authorship (including moral rights); trademarks, service marks, trade dress, trade names, logos and other source identifiers; trade secrets; software, databases and data; and all other intellectual property and industrial designs.
10. “Platform” means Elastic Pod’s proprietary platform for simple and efficient transcription, video caption, translation and other related document services.
11. “Policy” means any privacy or security policy and other guidelines instituted by Elastic Pod or its licensors or service providers, as may be updated from time to time.
12. “Suggestions" means any suggestions, comments, ideas, improvements or other feedback relating to the Platform that Customer or End Users elect to provide or make available to Elastic Pod.
13. “Support” means the maintenance and support services for the Platform to be provided by Elastic Pod to Customer as specified in Schedule 1.

7. Customer Obligations

1. Your Registration Obligations: You are required to register with Elastic Pod in order to access and use the Service. You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy, which can be found at www.elasticpod.com/privacy.
2. Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (i) immediately notify Elastic Pod of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session when accessing the Service. Elastic Pod will not be liable for any loss or damage arising from your failure to comply with this Section.
3. Restrictions. Except as expressly permitted under this Agreement, Customer shall not itself, nor shall it permit any other party to: (i) reproduce, modify, translate, adapt or create derivative works based upon the Platform; (ii) reverse engineer, decode, decompile, disassemble or otherwise attempt to access or derive the source code or architectural framework of the Platform; (iii) access the Platform for purposes of benchmarking or developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Platform; (iv) take any action that imposes an unreasonable or disproportionately heavy load on the Platform or its infrastructure or that negatively affects the ability of others to access or use the Platform; (v) rent, lease, lend, sell or sublicense the Platform or otherwise provide access to the Platform as part of a service bureau or similar fee-for-service purpose; or (vi) use the Platform in any way that does not comply with all Applicable Law.
4. Content. You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Elastic Pod, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service. You acknowledge and agree that by accessing or using the Service, Elastic Pod may receive certain information about you and any other third parties included in Content, including personal information, and Elastic Pod may collect, use, disclose, store and process such information in accordance with the Elastic Pod Privacy Policy. You acknowledge and agree that Elastic Pod has no obligation to pre-screen Content, although Elastic Pod reserves the right in its sole discretion to pre-screen, refuse or remove any Content.
   Without limiting the generality of the foregoing sentence, the following are examples of the kind of content and/or use that is illegal or prohibited by Elastic Pod and you agree not to use the Service to:

1. email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Elastic Pod, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Elastic Pod or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone;
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
10. upload any non-public, sensitive financial or medical information of any nature, or any non-public, sensitive personal data (e.g., social security numbers, driver’s license numbers, personal bank account numbers, passport or visa numbers and credit card numbers).

5. Elastic Pod reserves the right to investigate and take appropriate legal action against anyone who, in Elastic Pod’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
6. Technical Requirements. Customer and End Users shall be solely responsible for obtaining, configuring and maintaining any hardware, network connectivity and third-party software and services required to access or provide access to the Platform, including the Customer Facilities and any other computers, mobile devices, operating systems, web browsers and storage devices.
7. Protection. Customer shall be solely responsible for protecting the confidentiality of Credentials and all activities undertaken using Customer Facilities. In the event that Customer becomes aware of any unauthorized access to or use of the Platform, Customer shall promptly give written notice to Elastic Pod of such unauthorized access or use and make reasonable efforts to eliminate such unauthorized access or use. Customer shall at all times implement appropriate security policies and procedures and access control methodologies to safeguard access to and use of the Platform. All such measures shall comply with prevailing industry standards but in no case consist of less than reasonable care.
8. Customer Back-Up. Customer acknowledges that Elastic Pod may establish general practices and limits concerning use of the Platform, including without limitation the maximum period of time that Customer Data will be retained by the Platform and the maximum storage space that will be allotted on Elastic Pod’s servers on Customer’s behalf. Customer shall be responsible for backing-up Customer Data.
9. Compliance with Law. Customer shall be solely responsible for complying with Applicable Law relating to Customer’s access to and use of the Platform and its collection, storage, processing and use of Customer Data.
10. Policies. In addition to the terms and conditions of this Agreement, access to and use of the Platform shall comply with and be subject to any Policies.

8. Fees

1. Fees. To use the Services, you will be required to make one or more payments and provide Elastic Pod information regarding your credit card or other payment instrument. You represent and warrant to Elastic Pod that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Elastic Pod the amount that is specified in the Service in accordance with the terms therein and this Agreement. Prepayments shall be nonrefundable and may only be used for future services. Customer is responsible for any wire transfer fees. All fees specified herein are denominated in United States dollars unless otherwise specified.
2. Invoicing. Elastic Pod may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Elastic Pod thirty (30) days after the mailing date of the invoice, or the Services may be suspended. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower. If you dispute any charges you must let Elastic Pod know within thirty (30) days after the date that Elastic Pod invoices you.
3. Pricing. We reserve the right to change Elastic Pod’s prices at any time without notice. Elastic Pod’s pricing will be reflected on the Site. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
4. Duplicative Uploads. Customer acknowledges and agrees that it shall be responsible for duplicative uploads of content or selecting the incorrect service type.
5. Taxes. Any and all amounts payable hereunder by Customer are exclusive of any value-added, sales, use, excise or other similar taxes (collectively, “Taxes”). Customer shall be solely responsible for paying all applicable Taxes.

9. Intellectual Property

1. Responsibility for Data. Customer and End Users, and not Elastic Pod, are solely responsible for all Customer Data and giving all required notices and obtaining all necessary consents (including all required permissions from Intellectual Property holders) before submitting Customer Data through or to the Platform. Customer and End Users shall not submit, upload, email, transmit or otherwise make available through the Platform any data not owned by Customer or End Users or for which Customer and End Users do not have all necessary authorization to submit, upload, email, transmit or otherwise make available through the Platform.
2. Customer Ownership. Elastic Pod acknowledges and agrees that, as between Customer and Elastic Pod, Customer owns all rights, title and interest (including all Intellectual Property) in and to Customer Data and any translations, transcriptions, or captions of such Customer Data. During the term of this Agreement, Customer hereby grants Elastic Pod and its service providers a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, create derivative works from, perform, display, distribute, make and have made Customer Data (including Aggregate Data) as necessary for Elastic Pod to: (i) provide access to the Platform to Customer and End Users (including any maintenance, calibration, diagnostic and troubleshooting); and (ii) monitor the performance of the Platform.
3. Elastic Pod Ownership. Customer acknowledges and agrees that, as between Elastic Pod and Customer, Elastic Pod owns all right, title and interest (including all Intellectual Property) in and to the Platform and all improvements, enhancements or modifications thereto, including all data therein (except for Customer Data).
4. Aggregate Data. Customer acknowledges and agrees that Elastic Pod may collect or generate Aggregate Data in connection with providing Customer and End Users with access to the Platform, and Customer hereby grants Elastic Pod and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Aggregate Data for any lawful purpose.
5. Suggestions. You acknowledge and agree that any Suggestions provided by you to Elastic Pod are non-confidential, shall become the property of Elastic Pod and Elastic Pod will be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
6. Intellectual Property Notices. Customer shall not remove, obscure or modify in any way any copyright or trademark notices or other notices or disclaimers that appear within the Platform or any other materials made available by Elastic Pod.
7. Reservation of Rights. Each of the parties reserves all rights not expressly granted under this Agreement.
8. Third-Party Software. Some components of the Platform may be provided with or have incorporated into them third-party software licensed under open source license agreements or other third-party license terms (“Third-Party Software”). Customer acknowledges and agrees that: (i) Elastic Pod has no proprietary interest in any Third-Party Software; (ii) notwithstanding anything to the contrary, any Third-Party Software is provided “AS IS,” with all faults, and neither the licensor of Third-Party Software nor Elastic Pod shall be liable for any direct, indirect, incidental, special, punitive or consequential damages, or lost profits or cost of cover, relating to arising from Third-Party Software, including access to or use of Third-Party Software; and (iii) Third-Party Software may be subject to separate terms and conditions set forth in the respective license agreements relating to such software.

10. Term, Suspension and Termination

1. Term. The term of this Agreement will commence on the date you begin using the Service and will continue as long as you maintain a Elastic Pod account, unless terminated by either party in accordance with the terms of this Agreement. Either party may terminate this agreement upon 30 days written notice to the other party.
2. Suspension. Elastic Pod reserves the right to suspend Customer or any End User’s access to the Platform in the event of an Emergency Security Issue. Elastic Pod will make commercially reasonable efforts to limit suspension to the minimum extent and duration necessary to eliminate the Emergency Security Issue. Elastic Pod further reserves the right to suspend or revoke access to the Platform by any End User who violates this Agreement or any Policy.
3. Termination for Cause. Notwithstanding anything to the contrary, this Agreement may be terminated as follows: (i) by the non-breaching party upon a material breach of this Agreement by the other party, which breach is not cured within thirty (30) days after receipt of written notice from the non-breaching party; or (ii) by either party in the event the other party becomes insolvent or bankrupt; becomes the subject of any proceedings under bankruptcy, insolvency or debtor’s relief law; has a receiver or manager appointed; makes an assignment for the benefit of creditors; or takes the benefit of any Applicable Law in force for the winding up or liquidation of such party’s business.
4. Events Upon Termination. Upon expiration or termination of this Agreement for any reason: (i) all rights granted by the parties under this Agreement shall immediately terminate; and (ii) Customer shall immediately cease all use of the Platform made available under this Agreement. Upon expiration or termination of this Agreement each party shall immediately cease all use of the other party’s Confidential Information (as defined in Section 10(a) and upon written request, destroy all copies of such Confidential Information that are within its custody or control. Notwithstanding the termination of this Agreement for any reason, neither party will be relieved of any duty, obligation, debt or liability that arose or accrued prior to the effective date of termination. Within 30 days of Termination, Elastic Pod will return any prepaid, unused fees.
5. Survival. Any provision that, by its terms, is intended to survive the expiration or termination of this Agreement shall survive such expiration or termination, including Sections: 3 (Limitation of Liability); 5 (Fees); 6 (Intellectual Property); 7(d) (Events Upon Termination); 7(e) (Survival); 8 (Indemnification); 9 (Confidential Information); 10 (Disclaimer of Warranties) and 11 (Miscellaneous).

11. Indemnification

1. Elastic Pod Indemnification. Elastic Pod will defend Customer against any claim, demand, suit, or proceeding (“Claim”) made or brought against Customer by a third party alleging that the use of the Elastic Pod Service as permitted hereunder infringes or misappropriates a United States patent, copyright or trade secret and will indemnify Customer for any damages finally awarded against (or any settlement approved by Elastic Pod) Customer in connection with any such Claim; provided that

1. Customer will promptly notify Elastic Pod of such Claim;
2. Elastic Pod will have the sole and exclusive authority to defend and/or settle any such Claim (provided that Elastic Pod may not settle any Claim without Customer’s prior written consent, which will not be unreasonably withheld, unless it unconditionally releases Customer of all related liability); and
3. Customer reasonably cooperates with Elastic Pod in connection therewith. If the use of the Elastic Pod Service by Customer has become, or in Elastic Pod’s opinion is likely to become, the subject of any claim of infringement, Elastic Pod may at its option and expense (a) procure for Customer the right to continue using and receiving the Elastic Pod Service as set forth hereunder; (b) replace or modify the Elastic Pod Service to make it non-infringing (with comparable functionality); or (c) if the options in clauses (a) or (b) are not reasonably practicable, terminate this Agreement.

2. Customer Indemnification. Customer agrees that Elastic Pod shall have no liability and Customer shall indemnify, defend and hold Elastic Pod harmless against any Loss to the extent arising from any Claim if such Claim is caused in whole or in part by:

1. Customer’s breach of this Agreement or noncompliance with any Policy;
2. use of the Elastic Pod Service by Customer not in accordance with this Agreement;
3. Customer Data; or
4. the combination, operation or use of the Elastic Pod Service with other applications, portions of applications, product(s) or services where the Elastic Pod Service would not by itself be infringing.

3. This Section states Elastic Pod’s sole and exclusive liability and obligation, and Customer’s exclusive remedy for any claim of any nature related to infringement or misappropriation of intellectual property.
4. Procedure. The indemnified party shall:

1. give the indemnifying party prompt written notice of any indemnified claim; provided, however, that failure of the indemnified party to give such prompt written notice shall not relieve the indemnifying party of any obligation to indemnify pursuant to this Section 8, except to the extent the indemnifying party has been prejudiced thereby;
2. cooperate fully with the indemnifying party, at the indemnifying party’s expense, in the defense or settlement of any indemnified claim; and
3. give the indemnifying party sole and complete control over the defense or settlement of any indemnified claim; provided, however, that any settlement must include a complete release of the indemnified party without requiring the indemnified party to make any payment or bear any obligation.

12. Confidential Information

1. Definition. “Confidential Information” means all business or technical information of a party whether it is received, accessed or viewed by the recipient, whether prior to or after the execution of this Agreement, in writing, visually, electronically or orally. Confidential Information shall include, without limitation, pricing information, custom service offerings, technical information, marketing and business plans, databases, specifications, formulations, tooling, prototypes, sketches, models, drawings, specifications, procurement requirements, engineering information, product samples, computer software (source and object codes), forecasts, identity or details about actual or potential customers or projects, clinical trials, techniques, inventions, discoveries, know-how and trade secrets, and any other information that could reasonably be considered as confidential information. Confidential Information also includes all such business or technical information of any third party that is in the possession of a party subject to the exceptions set forth in this Section.
   Confidential Information does not include information that:

1. was available to recipient prior to disclosure of such information to the recipient and free of any confidentiality obligation in favor of the disclosing party and known to the recipient at the time of disclosure;
2. is made available to the recipient from a third party not known by the recipient at the time of such availability to be subject to a confidentiality obligation in favor of the disclosing party;
3. is made available to third parties by the disclosing party without restriction on the disclosure of such information;
4. is or becomes available to the public other than as a result of disclosure by the recipient prohibited by this Agreement; or
5. is developed independently by a party or its directors, officers, members, partners, employees, consultants, contractors, agents, representatives or affiliated entities (collectively, “Associated Persons”).

2. Non-Disclosure. The recipient will keep secret and will not disclose to anyone any of the Confidential Information, other than furnishing the Confidential Information to Associated Persons; provided that such Associated Persons are bound by agreements respecting confidential information. The recipient will use reasonable care and adequate measures to protect the security of the Confidential Information and to attempt to prevent any Confidential Information from being disclosed or otherwise made available to unauthorized persons or used in violation of the foregoing.
   Notwithstanding anything to the contrary herein, a recipient is free to make, and this Agreement does not restrict, disclosure of any Confidential Information in a judicial, legislative or administrative investigation or proceeding or to a government or other regulatory agency; provided that, if permitted by law, the recipient provides to the disclosing party prior notice of the intended disclosure and permits the disclosing party to intervene therein to protect its interests in the Confidential Information, and cooperate and assist the disclosing party in seeking to obtain such protection
3. Data Security. Elastic Pod will use commercially reasonable efforts to maintain security in accordance with Exhibit B: Security.
4. Publicity. Customer agrees that Elastic Pod may use Customer’s name and trademarks in Elastic Pod’s marketing materials and website; however, Elastic Pod will not use Customer’s name or trademarks in any other publicity (e.g., press releases, customer references and case studies), without first obtaining approval in writing.

13. DISCLAIMER OF WARRANTIES
    THE PLATFORM AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” EACH PARTY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; AND (B) ANY WARRANTY WITH RESPECT TO THE QUALITY, ACCURACY, CURRENCY OR COMPLETENESS OF THE PLATFORM, ANY DATA OR RESULTS OBTAINED THROUGH THE PLATFORM, AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT, OR THAT USE OF THE PLATFORM AND SUCH SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM OTHER FAILURES OR WILL MEET CUSTOMER’S OR END USERS’ REQUIREMENTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL DATA AND RESULTS SUBMITTED TO OR OBTAINED FROM THE PLATFORM BEFORE TAKING OR OMITTING ANY ACTION BASED UPON SUCH DATA OR RESULTS. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE SERVICE COMMITMENTS DESCRIBED ON THE SITE SHALL BE THE RE-PERFORMANCE OF THE APPLICABLE SERVICES.
14. Miscellaneous

1. Independent Contractors. The relationship between Elastic Pod and Customer established by this Agreement is solely that of independent contractors. Neither party is in any way the partner or agent of the other, nor is either party authorized or empowered to create or assume any obligation of any kind, implied or expressed, on behalf of the other party, without the express prior written consent of such other party.
2. Insurance. Elastic Pod shall, during the term of this Agreement, maintain in force the following insurance coverage at its own cost and expense:

1. Statutory Worker’s Compensation and Employer’s Liability as required by state law with a minimum limit of $1,000,000 each accident / $1,000,000 each disease / $1,000,000 policy limit per occurrence;
2. Disability and Unemployment Insurance, and all other insurance as required by law, including Employer’s Liability Insurance with limits of no less than $1,000,000 per occurrence, or any amount required by applicable law, whichever is greater;
3. Commercial General Liability, on an occurrence basis, including premises-operations, product completed-operations, broad form property damage, contractual liability, independent contractors and personal liability, with a minimum combined single limit of $1,000,000 per occurrence, naming Customer as an additional insureds; and
4. Professional Errors and Omissions coverage covering the Rev Service, with coverage limits of not less than $2,000,000 per claim or per occurrence / $2,000,000 aggregate, placed either on an “occurrence” basis or on a “claims made” basis.

3. Notices. Customer routine communications to Elastic Pod regarding the Platform or services should be sent to Customer’s account team using the customer portal. To give a notice regarding termination of the Agreement for breach, indemnification, or other legal matter, Customer shall send it by electronic mail to:
   info@elasticpod.com
   
   Elastic Pod’s routine communications regarding the Platform or services and legal notices shall be posted on the customer portal or sent by email or post to the individual(s) Customer designates as contact(s) on Customer’s account. Notices are deemed received as of the time posted or delivered, or if that time does not fall within a business day, as of the beginning of the first business day following the time posted or delivered. For purposes of counting days for notice periods, the business day on which the notice is deemed received counts as the first day. Notices shall be given in the English language.
4. Assignment. Customer may not assign this Agreement, or sublicense, assign or delegate any right or obligation hereunder, by operation of law or otherwise without the prior written consent of Elastic Pod. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
5. Interpretation. For the purposes of this Agreement: (i) the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation;” (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
6. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous or contemporaneous oral or written negotiations or agreements with respect to such subject matter. In the event of any conflict between this Agreement and any Policy, the terms and conditions of this Agreement shall take precedence.
7. Amendment. This Agreement in effect as of the date you purchase a Service shall govern your use of that Service. Elastic Pod shall have the unilateral right to update this Agreement at any time without notice to you, and any such updated Agreement will govern your use of the Service at or subsequent to any such update of this Agreement by Elastic Pod.
8. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable under Applicable Law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this Agreement.
9. Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States of America and the State of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
10. Arbitration. The parties agree that any action, proceeding, controversy or claim between them arising out of or relating to this Agreement (collectively, an “Action”) shall be shall be submitted to binding arbitration in Austin, Texas. The arbitration shall be conducted in accordance with the Commercial Rules of the American Arbitration Association in effect at the time the dispute or claim arose. The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law. Either party may bring an action in any court of competent jurisdiction to compel arbitration under the Agreement, or to enforce an arbitration award. Neither party nor an arbitrator may disclose the existence, content, or results of any arbitration under the Agreement without the prior written consent of both parties. Either party shall be permitted to appeal the final award under the AAA’s Optional Appellate Arbitration Rules in effect at the time the dispute or claim arose. Grounds for vacating the award shall include, in addition to those enumerated under the Federal Arbitration Act, 9 U.S.C. §1, et seq, that the arbitrator committed errors of law that are material and prejudicial. The appeal shall be determined upon the written documents submitted by the parties, with no oral argument. After the appellate rights described in this Section 13(i) have been exercised or waived, the parties shall have no further right to challenge the award. Notwithstanding anything to the contrary, Customer and Elastic Pod may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect such party’s intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 11(j).
11. Class and Collective Action Waivers.  Customer and Elastic Pod mutually agree that by entering into this Agreement and agreeing to the arbitration provisions set forth herein, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an arbitrator will not have any authority to hear or arbitrate any class and/or collective (“Class Action Waiver”).  Notwithstanding any other clause contained in the arbitration provision set forth in Section 11(j) or the AAA rules, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver will be severable from the arbitration agreement in this Agreement in any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such case, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
12. No Waiver. The failure of either party to require strict performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any waiver of the provisions of this Agreement, or of any breach or default hereunder, must be set forth in a written instrument signed by the party against which such waiver is to be enforced.
13. Force Majeure. Neither party shall be liable for any failure to perform under this Agreement to the extent due to any act of God, fire, casualty, flood, war, strike, lock out, failure of public utilities, injunction or any act, exercise, assertion or requirement of any governmental authority, epidemic, destruction of production facilities, insurrection or any other cause beyond the reasonable control of the party invoking this provision.
14. California Notices. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at elasticpod.com info@elasticpod.com.
    Elastic Pod will not provide Customer with any services or other consideration in exchange for Customer personal information, or otherwise engage in activities that qualifies as "selling" under the California Consumer Privacy Act (“CCPA”) or other applicable law (hereinafter “selling”). Elastic Pod will not sell any Customer personal information and agrees to refrain from any use or transfers of Customer personal information (including to or from a subprocessor or other third party) that qualifies as selling. Except as necessary to provide services to Customer: (i) Elastic Pod will not collect, share or use any Customer personal information; and (ii) shall not have, derive or exercise any rights or benefits from Customer personal information. As applicable to the services provided, Elastic Pod shall implement reasonable security measures as appropriate under applicable laws and reasonably assist Customer with any request received from an individual under the CCPA or other applicable law.

Exhibit A: Maintenance and Support

1. GENERAL

1. Contact. Customer may contact Elastic Pod via info@elasticpod.com.com

2. UPTIME

1. Percentage. Elastic Pod will use commercially reasonable efforts to minimize downtime of the Platform and to ensure a Monthly Availability Percentage of 98.0%, except as set forth below. The Monthly Availability Percentage is calculated on an aggregate Monthly basis as follows: Monthly Availability Percentage = (total minutes in the month – total number of minutes that the Platform is inoperable in that month) / total minutes in the month
2. Exclusions. The Monthly Availability Percentage excludes (1) periods of scheduled maintenance; (2) issues caused by factors outside of Elastic Pod’s reasonable control; (3) issues resulting from Customer’s actions or inactions, or the actions or inactions of a third party; or (4) issues that result from Customer’s equipment or third party equipment.

Exhibit B: Security

1. Basic Security Requirements. Elastic Pod will, consistent with current best industry standards and such other requirements specified by Customer based on the classification and sensitivity of Customer Information, maintain physical, administrative and technical safeguards and other security measures to:

1. maintain the security and confidentiality of Customer Information accessed, collected, used, stored or transmitted by Elastic Pod, and
2. to protect that information from known or reasonably anticipated threats or hazards to its security and integrity, accidental loss, alteration, disclosure and all other unlawful forms of processing.

2. Security Controls. Elastic Pod will comply with the following requirements:

1. Firewall. Elastic Pod will install and maintain a working network firewall to protect data accessible via the Internet and will keep all Customer Information protected by the firewall at all times.
2. Updates. Elastic Pod will keep its systems and software up-to-date with the latest upgrades, updates, bug fixes, new versions and other modifications necessary to ensure security of the Customer Information.
3. Anti-malware. Elastic Pod will at all times use anti-malware software and will keep the anti-malware software up to date. Elastic Pod will mitigate threats from all viruses, spyware, and other malicious code that are or should reasonably have been detected.
4. Encryption. Elastic Pod will encrypt data at rest and data sent across open networks in accordance with industry best practices.
5. Testing. Elastic Pod will regularly test its security systems and processes to ensure they meet the requirements of this Security Policy.
6. Access Controls. Elastic Pod will secure Customer Information, including by complying with the following requirements:

1. Elastic Pod will restrict access to Customer Information to only those people with a “need-to-know” for a Permitted Purpose.
2. Elastic Pod will not use manufacturer-supplied defaults for system passwords and other security parameters on any operating systems, software or other systems. Elastic Pod will mandate and ensure the use of system-enforced “strong passwords” in accordance with the best practices (described below) on all systems hosting, processing, or that have or control access to, Customer Information and will require that all passwords and access credentials are kept confidential and not shared among personnel.
3. Elastic Pod will regularly review access logs for signs of malicious behavior or unauthorized access.

7. Network Security Policy. Elastic Pod will maintain and enforce an information and network security policy for employees, subcontractors, agents, and Elastic Pod’s that meets the standards set out in this policy, including methods to detect and log policy violations.
8. Subcontracts. Elastic Pod will remain responsible for the full performance of its obligations under this Security Policy. The terms and conditions of this Security Policy will be binding upon Elastic Pod Subcontractors and Personnel. Elastic Pod (a) will ensure that its Subcontractors and Personnel comply with this Security Policy, and (b) will be responsible for all acts, omissions, negligence and misconduct of its Subcontractors and Personnel.
9. Remote Access. Elastic Pod will ensure that any access from outside protected corporate or production environments to systems holding Customer Information or Elastic Pod’s corporate or development workstation networks requires multi-factor authentication (e.g., requires at least two separate factors for identifying users).
10. “In Bulk” Access. Except where expressly authorized by Customer in writing, Elastic Pod will not access, and will not permit access to, Customer Information “in bulk” whether the Customer Information is in an Customer- or Elastic Pod-controlled database or stored in any other method, including storage in file-based archives (e.g., flat files), etc. For purposes of this section, “in bulk” access means accessing data by means of database query, report generation or any other mass transfer of data. Specifically, this section prohibits any access to Customer Information except for access to individual records as needed for the Permitted Purpose. In the event that Customer provides written authorization for access to Customer Information “in bulk”, Elastic Pod will (1) limit such access only to specified employees with the ”need to know”, and (2) use tools that limit access and require explicit authorization and logging of all access.
11. Return or Deletion. Elastic Pod will promptly (but within no more than 3 business days after Customer’s request) permanently and securely delete all Customer Information upon and in accordance with Customer’s request. If requested by Customer, Elastic Pod will certify in writing that all Customer Information has been destroyed.

3. Security Incidents

1. Elastic Pod will inform Customer within 72 hours of detecting any actual or suspected unauthorized access, collection, acquisition, use, transmission, disclosure, corruption or loss of Customer Information, or breach of any environment (i) containing Customer Information, or (ii) managed by Elastic Pod with controls substantially similar to those protecting Customer Information (each, a “Security Incident”).
   Elastic Pod will remedy each Security Incident in a timely manner and provide Customer written details regarding Elastic Pod’s internal investigation regarding each Security Incident. Elastic Pod agrees not to notify any regulatory authority, nor any customer, on behalf of Customer unless Customer specifically requests in writing that Elastic Pod do so and Customer reserves the right to review and approve the form and content of any notification before it is provided to any party. Elastic Pod will cooperate and work together with Customer to formulate and execute a plan to rectify all confirmed Security Incidents.

Privacy Policy

This Privacy Policy was last updated on December 17th, 2020.

Our Policy:

Welcome to the web sites (collectively, the "Site") of Elastic Pod LLC., including its subsidiaries and affiliates ("Related Companies") (collectively, "Elastic Pod", "we", "us" and/or "our"). This Site is operated by  Elastic Pod and has been created to provide information about our company and transcription, in audio search and document related services (the "Services") to you. This Privacy Policy sets forth  Elastic Pod’s policy with respect to its processing of two types of data:

1. Personal data that users of our Services ("Customers") ask us to process on their behalf ("Processor Data"), which will include any personal data that Customers provide to us to transcribe, caption, translate, or otherwise process for them. When  Elastic Pod processes personal data on behalf of a Customer,  Elastic Pod is the "processor" of the data under applicable law, and the Customer is the "controller".
2. Data, including personal data, that we process for our own business ("Controller Data"), other than for our human resources and recruiting operations. This includes, for example, the information we collect through the Site and the names and contact information of our Customers and vendors. Under applicable law,  Elastic Pod is the "controller" of such data.

Our collection, use, and disclosure of Processor Data:

We receive information from or on behalf of our Customers and their users. Because of the nature of the Services, this information may contain any type of personal data, including names, contact information, and other identifying information.

Subject to our contractual obligations with our Customers, and depending on the particular Services, we use and disclose Processor Data as follows:

• Providing Services: To provide, maintain, and improve the Services, including by analyzing the Services and addressing security and business continuity issues.
• Protecting Us and Others: To enforce the legal terms that govern the Services.
• Compliance with Laws: To comply with law, and where we deem disclosure appropriate to protect rights, safety and property (for example, for national security or law enforcement).
• Business Transfers: As part of an actual or contemplated business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization.
• Consistent with Customer Requirements: For other purposes requested or permitted by our Customers or their users, or as reasonably required to perform our business.

Subject to our contractual obligations with our Customers, and depending on the particular Services, we share Processor Data as follows:

• Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, including during negotiations of such an event, Processor Data may be part of the transferred assets.
• Related Companies: We may also share Processor Data with our Related Companies for purposes consistent with this Privacy Policy.
• Agents, Consultants and Related Third Parties:  Elastic Pod, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include maintaining databases.
• Legal Requirements:  Elastic Pod may disclose Processor Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of  Elastic Pod, (iii) act in urgent circumstances to protect the personal safety of the general public, or (iv) protect against legal liability.
• Consistent with Customer Requirements:  Elastic Pod will disclose Processor Data for other purposes requested or permitted by our Customers or users, or as reasonably required to perform our business.

Our collection, use, and disclosure of Controller Data:

When you interact with us through the Site or the Services, or become a Customer or are a vendor, we may collect personal data and other information from you. As further described below, and depending on how you interact with us, we may collect the following categories of personal information:

• Identifiers (such as name and email address);
• Commercial information (such as transaction data);
• Internet or other network or device activity (such as browsing history and log data);
• Location information (such as general location information inferred from an IP address);
• Financial data (such as credit card information);
• Sensory information (such as audio or visual information);
• Professional or employment related data;
• Legally protected classifications (such as gender and marital status if you disclose such information to us); and
• Other information that identifies or can be reasonably associated with you.

Personal Data that You Provide Directly to Us: We collect personal data from you when you voluntarily provide such information, such as when you register for access to the Services (for example, your name and mailing address), use certain Services, contact us with inquiries, respond to one of our surveys, or contract with us. Wherever  Elastic Pod collects Personal Data we make an effort to provide a link to this Privacy Policy.

Personal Data that We Collect from Third Parties: We collect personal data from third parties, such as lead generation firms.

By voluntarily providing us with personal data, you acknowledge that you have read this Privacy Policy and understand that such personal data may be transferred from your current location to the offices and servers of  Elastic Pod and the authorized third parties referred to herein located in the United States, which may not offer the same level of protection as the country in which you are located.

Automatically Collected Data: When you interact with  Elastic Pod through the Site or Services, we receive and store certain automatically collected information collected passively using various technologies.  Elastic Pod may store such information itself or such information may be included in databases owned and maintained by  Elastic Pod affiliates, agents or service providers. This Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, the domain names of our visitors' Internet service providers, and how our users use and interact with the Services. Also, in an ongoing effort to better understand and serve the users of the Services,  Elastic Pod often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis.  Elastic Pod may share this data with its affiliates, agents and business partners.  Elastic Pod may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners, and to other third parties for other lawful purposes.

In operating our Site, we may also use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Site gives to your browser when you access the Site. Our cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the "Help" section of your browser for more information (e.g., Internet Explorer; Microsoft Edge; Google Chrome; Mozilla Firefox; or Apple Safari). Please note that by blocking any or all cookies, you may not have access to certain features or offerings of the Services.

Online Analytics: We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research or reporting. The information (including your IP address) collected by various analytics technologies described in above may be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive, analyzing usage trends, assisting with fraud prevention, providing certain features to you, and other purposes. If you receive email from us, we may use certain analytics tools, such as clear GIFs, to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

Tailored Online Advertising: Third parties whose products or services are accessible or marketed via the Services may also place cookies or other tracking technologies on your computer or other device to collect information about your use of the Services, in order to (i) inform, optimize, and serve advertising content based on past visits to our Services and other sites and (ii) report how our advertising content impressions, other uses of advertising services, and interactions with these advertising impressions and services are related to visits to our Services. We also may allow other third parties (e.g., ad networks, servers and platform) to serve tailored advertising to you on the Services or on other websites or in other mobile applications, and to access their own cookies or other tracking technologies on your computer or other device you use to access the Services. We neither have access to, nor does this Privacy Policy does not govern, the use of cookies or other tracking technologies that may be placed by such third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer or mobile browser to deliver tailored advertising (i.e., not just for the Services), you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's WebChoices Tool to opt- out of receiving tailored advertising from companies that participate in those programs. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

We use Controller Data for business and commercial purposes as follows:

• Providing Services: To provide, maintain, and improve the Services, including by analyzing the Services and addressing security and business continuity issues. For instance, if you contact us by email, we will use the personal data you provide to answer your question or resolve your problem. Also, if you provide personal data in order to obtain access to the Services, we will use your personal data to provide you with access to such services and to monitor your use of such services.
• Communications: To communicate with you regarding the Services or to tell you about services we believe will be of interest to you. If we do so, each marketing communication we send you will contain instructions permitting you to "opt-out" of receiving future marketing communications. Note however that as user of the Service you cannot opt-out of some administrative communications that are reasonably necessary to the Service, such as billing or service notifications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
• Protecting Us and Others: To enforce the legal terms that govern the Services.
• Compliance with Laws: To comply with law, and where we deem disclosure appropriate to protect rights, safety and property (for example, for national security or law enforcement).
• Business Transfers: As part of an actual or contemplated business sale, merger, consolidation, change in control, transfer of substantial assets or reorganization.
• Consistent with Customer Requirements: For other purposes requested or permitted by our Customers or their users, or as reasonably required to perform our business.

If  Elastic Pod intends on using any personal data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time at which the personal data is collected, consistent with applicable laws.

The laws in some jurisdictions require companies to tell you about the legal ground they rely on to use or disclose personal data. To the extent those laws apply, our legal grounds for processing Controller Data are as follows:

• Legitimate interests: In most cases, we handle Controller Data on the ground that it furthers our legitimate interests in commercial activities such as the following in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:

• Protecting our Services, business, personnel and property
• Customer service
• Marketing
• Analyzing and improving our business
• Managing legal issues
• We may also process Controller Data for the same legitimate interests of our customers and business partners

• To honor our contractual commitments to the individual: Some of our processing of Controller Data is to meet our contractual obligations to individuals, or to take steps at customers' request in anticipation of entering into a contract with them.
• Consent: Where required by law, and in some other cases, we handle Controller Data on the basis of consent. Where legally required (e.g., for the use of fingerprints for security purposes in certain jurisdictions), this is explicit consent.
• Legal compliance: We need to use and disclose Controller Data in certain ways to comply with our legal obligations.

 Elastic Pod is not in the business of selling Controller Data. There are, however, certain circumstances in which we share the categories of personal information identified as Controller Data with certain categories of third parties without further notice to you, as follows:

• Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, including during negotiations of such an event, Controller Data may be part of the transferred assets.
• Related Companies: We may also share Controller Data with our Related Companies for purposes consistent with this Privacy Policy.
• Agents, Consultants and Related Third Parties:  Elastic Pod, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, shipping and fulfillment and processing payments.
• Legal Requirements:  Elastic Pod may disclose Controller Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of  Elastic Pod, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.

Your EU Rights and Choices:

We offer the options described below for exercising rights and choices under applicable law, which are subject to important limits or exceptions under applicable law.

• For Processor Data: To exercise rights or choices with respect to Processor Data, please make your request directly to the Customer for whom we process the personal data.
• For Controller Data:

• To keep your personal data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal data in our possession that you have previously submitted via this Site or Services.
• The law of your jurisdiction (for example, within the European Economic Area) may give you additional rights to request access to and rectification or erasure of certain of your personal data we hold. In some cases, you may be entitled to receive a copy of the personal data you provided to us in portable form or to request that we transmit it to a third party. The law may also give you the right to request restrictions on the processing of your personal data, to object to processing of your personal data, or to withdraw consent for the processing of your personal data (which will not affect the legality of any processing that happened before your request takes effect). You may contact us as described below to make these requests.

• For example, residents of the European Economic Area and certain other jurisdictions may have a right to opt out of our processing of Controller Data for direct marketing purposes. You can exercise this right by contacting us as described below. Our marketing emails and certain other communications include unsubscribe instructions, which you can use to limit or stop the relevant communications. Opt-out processes may take some time to complete, consistent with applicable law. Certain communications (such as certain billing-related communications or emergency service messages) are not subject to opt-out.

• You may contact us with any concern or complaint regarding our privacy practices, and you also may lodge a complaint with the relevant governmental authority.

Additional California Privacy Notice

This Additional California Privacy Notice applies solely to California residents. It applies to personal information we collect on or through the Services and through other means (such as information collected offline, in person, and over the telephone). It does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services.

As described above, in the preceding twelve months, we or our service providers may have collected the following categories of personal information for business or commercial purposes: (1) identifiers (such as name and email address); (2) commercial information (such as transaction data); (3) Internet or other network or device activity (such as browsing history and log data); (4) location information (such as general location information inferred from an IP address); (5) financial data (such as credit card information); (6) sensory information (such as customer service recordings ); (7) professional or employment related data; (8) legally protected classifications (such as gender and marital status if you disclose such information to us); and (9) other information that identifies or can be reasonably associated with you.

We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Services; and (3) third parties such as lead generation firms.

As further described above, we collect the categories of personal information identified above for the following business and commercial purposes: (1) to provide the Services; (2) to communicate with you regarding the Services or to tell you about services we believe will be of interest to you; (3) to protect us and others, including enforcing the legal terms that govern the Services; (4) to comply with laws; (5) to facilitate any business transfers for an actual or contemplated sale involving our assets; and (6) as consistent with customer requirements.

California law may permit California residents to request that we:

• Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.
• Provide access to and/or a copy of certain information we hold about you.
• Delete certain information we have about you.

You may have the right to receive information about the financial incentives that we offer to you, if any. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information (such as information we collect about our employees or job applicants, or information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services) may be exempt from such requests under applicable law. We need certain types of information so that we can provide the Services. If you ask us to delete it, you may no longer be able to access or use the Services.

If you would like to exercise any of these rights, please submit a request through info@elasticpod.com. You will be required to verify your identity before we fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

California residents may opt out of the "sale" of their personal information.  Elastic Pod does not "sell" your personal information as we understand that term to be defined by the California Consumer Privacy Act ("CCPA") and its implementing regulations. However, some people have taken the position that when a website uses third parties' cookies or similar technology for its own analytics or advertising purposes, the website is engaged in a "sale" under the CCPA if the third parties have some ability to use, disclose or retain the data to improve their service or to take steps beyond the most narrowly drawn bounds of merely providing their service to the website/app. Some take this position even when the website pays the third party (not vice versa), and in most cases merely provides the third party with an opportunity to collect data directly, instead of providing personal information to the third party. If you take the position that any of those relationships involve a "sale" within the meaning of the CCPA, then you may consider  Elastic Pod to have "sold" what the CCPA calls "identifiers" (like IP addresses), "internet or other electronic network activity information" (like information regarding an individual's browsing interactions on the  Elastic Pod site), and "commercial information" (like the fact that a browser visited a page directed to people who are considering obtaining services from us) to those sorts of companies. While  Elastic Pod does not believe these are "sales" as that term is defined under the CCPA, you can opt out of this activity by following the directions in the Tailored Online Advertising section above.

Nevada Rights

Under Nevada law, certain Nevada consumers may opt out of the sale of "personally identifiable information" for monetary consideration to a person for that person to license or sell such information to additional persons. "Personally identifiable information" includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by info@elasticpod.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

Children:

Elastic Pod does not knowingly collect personal information (as defined in the Children's Online Privacy Protection Act) from children under the age of 13. If you are under the age of 13, please do not submit any personal information through the Services. We encourage parents and legal guardians to monitor their children's Internet usage and to help enforce our Privacy Policy by instructing their children never to provide personal information on our Services without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to  Elastic Pod through the Services, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Web Sites / Services:

This Privacy Policy applies only to the Services. Our Services, in particular our Site, may contain links to other web sites or services not operated or controlled by  Elastic Pod (the "Third Party Sites"). The policies and procedures we described here do not apply to the Third Party Sites. The links from our Services do not imply that  Elastic Pod endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security:

 Elastic Pod takes steps to protect personal data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so we cannot assure you that your personal data will never be used or disclosed in a manner that is inconsistent with this Privacy Policy, and you should take special care in deciding what information you provide to us.

Data Retention:

We will retain personal data for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. To provide security and business continuity for the activities described in this Privacy Policy, we make backups of certain data, which we may retain for longer than the original personal data.

Other Terms and Conditions:

Your access to and use of this Site is subject to any other agreements in place between us, including our Terms of Service located at: [Link to Terms of Services]

Changes to Elastic Pod’s Privacy Policy:

Our Services may change from time to time. As a result, at times it may be necessary for  Elastic Pod to make changes to this Privacy Policy.  Elastic Pod reserves the right to update or modify this Privacy Policy at any time and will notify you of such changes in compliance with applicable laws. Please review this Privacy Policy periodically. This Privacy Policy was last updated on the date indicated above.

Contacting Elastic Pod:

Please also feel free to contact us if you have any questions about  Elastic Pod’s Privacy Policy or the information practices of our Services.

• emailing us at info@elasticpod.com