Updated: October 16, 2023
These Terms of Use ("TOU" or "Terms") contain the terms under which Real Life Data, Inc. ("RLD", "our", or "us"), provides access to its online software, tools, and data storage (the "Services") to you and describes how the Services may be accessed and utilized by you and your organization.
You indicate your agreement and consent to these Terms by clicking or tapping on a button indicating your acceptance of the Terms, by executing a document that references them, or by using the Services (your "Acceptance").
If you choose to use the RLD Services, you consent to the practices and terms described herein.
The terms used in this Terms of Use have the same meanings as in our Privacy Policy, which is accessible at this Real Life Data "Privacy Policy" web page, unless otherwise defined in this Terms of Use.
We reserve the right to update these Terms at any time. When we do, we will also revise the "updated" date at the top of this page and may also send you a notification directly. We encourage you to periodically review this page. Your continued use of the Services constitutes your agreement to these Terms and any updates.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that organization.
Certain country-specific terms may apply to you if you are located outside the United States.
Fees for Services - You agree to pay to RLD any fees for each Service you purchase or use (including any overdue fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing plan you selected and accepted through the subscription process and visible under your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
Subscriptions - Some of our Services are billed on a subscription basis ("Subscription"). This means that you will be billed on a recurring, periodic basis (each period is called a "Billing Cycle"). Billing Cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each Billing Cycle unless you cancel your account either online management page, or by requesting a cancelation by emailing accounting@reallifedata.net. You may cancel your Subscription at any time, in which case your Subscription will continue until the end of that Billing Cycle before terminating.
Registered Users and Billing Activity - Unless otherwise agreed upon, billing is based on the count of registered users in your organization's account. All users that exist in your organization's account are considered active. Disabling a user account doesn't exclude them from your billing activity, but simply removes their access and permissions to use the Services.
Taxes - Unless otherwise stated, you are responsible for any taxes (other than RLD's income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, "Taxes"). You will pay RLD for the Services without any reduction for Taxes. If RLD is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide RLD with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. RLD will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from RLD for business reasons, and are located in a different European Union member state from RLD If you are required by law to withhold any Taxes from your payments to RLD, you must provide RLD with an official tax receipt or other appropriate documentation to support such payments.
Price Changes - RLD may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. RLD will provide you with reasonable notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
Overage/Late Fees - Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
Through your usage of our Services, you may submit content to RLD (including your personal data and the personal data of others) or third parties may submit content to you through the Services (your "Content"). We know that by giving us your Content, you relying upon us to treat it appropriately. RLD's Privacy Policy, together with any data use policies, privacy statements and privacy notices (collectively, "privacy policies"), detail how we treat your Content and personal data and we agree to adhere to those privacy policies. You, in turn, agree that RLD may use and share your Content in accordance with our privacy policies.
European Union Obligations - If you are a customer who is operating as "data controller" as defined in the European General Data Protection Regulation ("GDPR"), additional terms apply. For specific terms regarding GDPR, see EU Policies and GDPR.
Confidentiality - RLD will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including our privacy policies). However, your Content is not regarded as confidential information if such Content:
Security - RLD will transmit, store, and process your Content in a manner consistent with industry security standards. We have implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of your Content and to mitigate the risk of unauthorized access to or use of your Content. But there is no method of transmission over the internet, or method of electronic storage that is 100% secure and reliable, and we cannot guarantee its absolute security.
You Retain Ownership of Your Content - You retain ownership of all of your intellectual property rights in your Content. RLD does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services and as outlined in our privacy policies, and as otherwise described in these Terms.
Limited Access to Your Content - RLD will not distribute, copy or reuse your Content in any way other for the limited purposes of providing the Services to you and as otherwise permitted by RLD's privacy policies. If you provide RLD with feedback about the Services, we may use your feedback without any obligation to you.
Copyright Claims - RLD responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, please notify us at legal@reallifedata.net.
Other IP Claims - RLD respects the intellectual property rights of others, and we expect our users to do the same. If you believe you've witnessed any infringing upon your intellectual property rights within our product, please notify us at legal@reallifedata.net. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
Content Sharing - Our Services may display content provided by others that is not owned by RLD. Such content is the sole responsibility of the entity that controls it and makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use or share that Content in connection with the Services. RLD is not responsible for any actions you take with respect to your Content, including sharing it publicly either through our Services or by any other means. Please do not use content from the Services unless you have first obtained the permission and consent of its owner, or are otherwise authorized by law to do so.
Content Review - You acknowledge that, in order to ensure compliance with legal obligations, RLD may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, RLD otherwise has no obligation to monitor or review any content submitted to the Services.
Neither these Terms nor your use of the Services grants you ownership of the Services or the content you access through the Services (other than your Content as described above). Except as permitted by RLD, these Terms do not grant you any right to use RLD's trademarks or other brand elements.
Keep Your Password Secure and Safe - When you setup a password in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not RLD, are responsible for any activity occurring in your account (other than activity that RLD is directly responsible for which is not performed in accordance with the Customer's instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify RLD immediately. Accounts may not be shared and may only be used by one individual per account.
Keep Your Details Accurate - RLD occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
You are the Controller of your Data - You are responsible for the definition and maintenance of your own data. By defining your Input Forms, you control the content you are collecting. It is your responsibility to review the setup and configuration of your Input Forms and their respective processing so you safeguard any sensitive data you are collecting through our Services. It is your responsibility to ensure that you protect the data you collect and to avoid using features that may distribute your data inadvertently to the wrong recipient or through less secure delivery channels.
Remember to Backup - You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, RLD will not be liable for any failure to store, or for loss or corruption of, your Content.
Inactive Accounts - RLD may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 6 months. However, we will attempt to contact you before terminating your account to provide you with an opportunity to log in to your account so that it remains active.
Legal Status - If you are an individual, you may only use the Service if you have the power to form a contract with RLD. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
Minors -"Minors" are individuals under the age of 13 (or under a higher age if permitted by the laws of their residence). In some countries this age may be the age 16. None of the Services are intended for use by Minors. If you are a Minor, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.
Embargoes - You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce's Denied Persons List or Entity List, or the U.S. Treasury Department's list of Specially Designated Nationals, you are not permitted to purchase any paid Services from RLD
Legal Compliance - You must use the Services in compliance with, and only as permitted by, applicable law.
Your Responsibilities - You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
You may not circumvent or attempt to circumvent any limitations that RLD imposes on your account (such as by opening up a new account to conduct complete a form that we have closed for a Terms violation).
Unless authorized by RLD in writing, you may not probe, scan, or test the vulnerability of any RLD system or network.
Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. RLD will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to RLD.
You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
Unless authorized by RLD in writing, you may not resell or lease the Services.
If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless RLD has agreed with you otherwise. You may not use the Services in a way that would subject RLD to those industry-specific regulations without obtaining RLD's prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle "protected health information" (as defined in 45 C.F.R. ยง160.103 under United States federal regulations) without entering into a separate business associate agreement with RLD that permits you to do so.
Shared user accounts are not permissible with the Services. A shared account is defined as more than one individual using a single user login to access the Services. Each individual logging into the application and administration tools must use a unique and separate user account. The Services will restrict shared usage and RLD reserves the right to terminate an account if it is determined that there was an effort to circumvent shared usage restrictions.
You may not use or access the Services for the intent and purpose of gaining knowledge to build a competitive service or for any other competitive purposes.
You are prohibited from using "bots" or other automated methods to interact with our Services.
You are prohibited from abusing our trial process by starting multiple trials for the purpose of avoiding payment of a subscription fee for our Services.
To help protect the security of the individuals using our services and data subjects connected to our Customers, we strictly prohibit the use of our Services for the following:
If you identify content that you believe violate this policy, please report this to us at legal@reallifedata.net.
By You - If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless a refund is required by law.
By RLD - RLD may limit, suspend, or stop providing the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others' use of the Services. RLD may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where RLD may decide that we need to take immediate action without notice. RLD has no obligation to retain your Content upon termination of the applicable Service.
Further Measures - If RLD stops providing the Services to you because you repeatedly or egregiously breach these Terms, RLD may take measures to prevent the further use of the Services by you, including blocking you and your users' IP addresses.
Changes to Terms - RLD may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Any changes will be posted to the location at which those terms appear. RLD may also provide notification of changes via email. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require RLD to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
Changes to Services - RLD continually modifies and improves the Services. RLD may add, alter, or remove functionality from a Service at any time without prior notice. RLD may also limit, suspend, or discontinue a Service at its discretion. If RLD discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. RLD may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
Disclaimers - While it is in RLD's interest to provide you with the best user experience possible, there are certain things we cannot promise. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND REAL LIFE DATA, INC. DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
Exclusion of Certain Liability - TO THE EXTENT PERMITTED BY APPLICABLE LAW, REAL LIFE DATA, INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF REAL LIFE DATA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Limitation of Liability - TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF REAL LIFE DATA, INC., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO REAL LIFE DATA, INC. FOR USE OF THE SERVICES AT ISSUE DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US$25.00.
Consumers - We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms is intended to limit any of those consumer rights.
Businesses - If you are a business, you will indemnify and hold harmless RLD and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys' fees) arising out of a third party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.
Who you are contracting with - Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with, Real Life Data, Inc.
Contracting Provisions - For any Service provided by RLD, the following provisions will apply to any terms governing that Service:
Contracting Entity - References to "RLD", "we", "us", and " our" are references to Real Life Data, Inc., located at 4131 Spicewood Springs Road, Suite D-3, Austin, TX, 78759.
Governing Law - These Terms are governed by the laws of the State of Texas.
Jurisdiction - Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Travis County, Texas, and the federal courts located in Travis County, Texas, with respect to the subject matter of these Terms.
Assignment - You may not assign these Terms without RLD's prior written consent, which may be withheld in RLD's sole discretion. RLD may assign these Terms at any time without notice to you.
Entire Agreement - These Terms (including the Additional Terms) constitute the entire agreement between you and RLD, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
Independent Contractors - The relationship between you and RLD is that of independent contractors, and not legal partners, employees, or agents of each other.
Interpretation - The use of the terms "includes", "including", "such as", and similar terms, will be deemed not to limit what else might be included.
No Waiver - A party's failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
Precedence - To the extent any conflict exists, the Additional Terms prevail over these Terms with respect to the Services to which the Additional Terms apply.
Under the GDPR guidelines, the Customer is the controller of Customer Data collected through the Customer's forms and RLD is the processor of this data.
Right of Withdrawal - In certain European countries, you have a legal right to cancel Subscriptions within a certain period of time. For details, see the country-specific terms for your country and our Subscription Cancellation Policy (Europe only).
Effective Date and Definitions - These additional terms will apply to you where you are a customer of RLD and are operating as a "data controller" (as that term is defined in the GDPR) in your use of the Services.
Processing Instruction - By using our Services and agreeing to these Terms and the RLD Privacy Policies, you are providing us with instructions to process any personal data collected by you through our Services, on your behalf.
Customer Obligations - You shall ensure and hereby warrant and represent that you are entitled to submit and transfer personal data to RLD so that RLD may lawfully process and transfer the personal data in accordance with these Terms. You shall ensure that relevant data subjects have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection laws and have sole responsibility for the accuracy, quality and legality of personal data processed by RLD in the provision of the Services.
RLD Obligations - Where RLD is processing personal data on your behalf, it will:
only do so on your documented instructions and in accordance with applicable law, including with regard to transfers of personal data to a third country or an international organization, and the parties agree that these terms and the RLD privacy policies constitute such documented instructions;
ensure that all RLD personnel involved in the processing of personal data have committed themselves to confidentiality;
where applicable to you and where it is technically feasible, make available information necessary for you to demonstrate compliance with your obligations under Article 28 of the GDPR, where such information is held by RLD and is not otherwise available to you through your account and user areas or on RLD websites, provided that you provide RLD with at least 14 days' written notice of such an information request;
promptly notify you of all requests received directly from a data subject in respect of that data subject's personal data submitted through the Services;
upon deletion by you, not retain personal data from within your account other than in order to comply with applicable laws and regulations and as may otherwise be kept in routine backup copies made for disaster recovery and business continuity purposes (which are also deleted no later than 9-12 months after data is deleted from an account); and
to the extent reasonably able, assist you as reasonably required (at your expense) where you wish to conduct a data protection impact assessment involving the Services.
RLD sub-processors - RLD uses third-party partners in facilitating certain elements of our Services ("Sub-Processors"). By agreeing to these Terms, you provide a general authorization to RLD to engage Sub-Processors, subject to compliance with the requirements set out here. If you wish to receive a list of sub-processors who handle personal data for RLD please contact us at legal@reallifedata.net.
We will return a list of Sub-Processors currently used by our Service. We will also, add you to a list to be notified in the event we add an additional sub-processor in the future. If you object to a particular sub-processor, who we cannot disassociate from your Services, your sole remedy will be to terminate your subscription relating to the Services that cannot be reasonably provided without the objected-to new sub-processor. Such termination will be without a right of refund for any fees prepaid by you for the period following termination.
Liability - RLD will be liable for the acts and omissions of its Sub-Processors to the same extent RLD would be liable if performing the services of each of those Sub-Processors directly under these Terms, except as otherwise set forth in these Terms and RLD ensures that all Sub-Processors on the sub-processor list are bound by contractual terms that are in all material respects no less onerous than those contained in these Terms.
Security Incident - If RLD becomes aware of any unauthorized or unlawful access to your personal data or Content, RLD will take reasonable steps to notify you within 72 hours of becoming aware of the Security Incident. RLD will also reasonably cooperate with you with respect to any investigations relating to a Security Incident with preparing any required notices, and provide any other information reasonably requested by you in relation to any Security Incident, where such information is not already available to you in your online Administration Account through updates provided by RLD.
Audits - You will allow one month for RLD to respond to any audit request which you make. No person/party conducting an audit on your behalf, shall be, or shall act on behalf of, a competitor of RLD ("Auditor"). You will only be entitled to conduct an audit once per year (during the course of a 12 month subscription) unless otherwise legally compelled or required by a regulator with established authority over you to perform or facilitate the performance of more than 1 audit in that same year (in which circumstances you and RLD will, in advance of any such audits, agree upon a reasonable reimbursement rate for RLD's audit expenses). The scope of an audit will be as follows (unless you are compelled by a regulator with authority over the processing activities involving the Services to vary this format for audit):
RLD agrees, subject to any appropriate and reasonable confidentiality restrictions, to provide evidence of any security standards it maintains and will, on request, make available to you a summary of RLD's most recent security tests, which summary shall include remedial actions taken by RLD resulting from such security tests.
The scope of the certifications and penetration tests provided will be limited to RLD systems, processes, and documentation relevant to the processing and protection of personal data undertaken for the Services obtained by you, and Auditor will conduct audits subject to any appropriate and reasonable confidentiality restrictions requested by RLD.
You will promptly notify and provide RLD with full details regarding any perceived non-compliance or security concerns discovered during the course of an audit.The parties agree that, except as otherwise required by order or other binding decree of a regulator with authority over you, this section sets out the entire scope of your audit rights as against RLD.
International Transfer - To the extent applicable, RLD relies upon standard contractual clauses for data transfer to the United States to RLD. RLD also relies on standard contractual clauses for data transfers to other third parties based in countries outside the European Economic Area, the United States, or countries that do not have adequate levels of data protection as determined by the European Commission. To the extent applicable, you can enter into an additional Data Processing Agreement with RLD in which supplement the terms of this agreement. Where there is a conflict between the terms of a separate Data Processing Agreement with standard contractual clauses and these Terms, the terms of the Data Processing Agreement with standard contractual clauses will prevail.
Liability for Data Processing - The parties' respective aggregate liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any and all claims arising out of or in connection with this section shall be as set out in these terms, unless otherwise agreed in writing.
If you have questions or concerns about these Terms, please contact us electronically at legal@reallifedata.net or via postal mail at the address below. We will respond to all requests, inquiries and concerns within thirty (30) days.
Real Life Data, Inc.
