Official Policies and Security Information for Winter International

October 25, 2020
Note: Usage of “we” and “our” indicates Winter International. Usage of “you” and “yours” indicates current, former and potential

Terms of Service

Simply Put

Winter International’s Terms of Service helps us achieve the following:

1. Maintain Winter International’s ability to provide high-quality service and consistent reliability to ALL clients.
2. Protect the privacy and security of our users, and the network which everybody shares.
3. Comply with applicable laws.

Winter International will constantly review the technology, terms, and policies in place to evolve with the changing times.

Terms of Service

Acceptance of Terms

By accessing Winter International located at https://thepinnacle.app , https://web.thepinnacle.app (the “Service”), you agree to be bound by the terms and conditions provided in these Terms of Service (“TOS”). You agree that it is enforceable as a written agreement signed by Winter International (“Winter International”) and You (“Customer”).

You may access the Service as either an individual or on behalf of a company. If You access the service on behalf of a company, You represent that you are duly authorized to represent the company and accept the terms and conditions of the Agreement on behalf of the company. The terms “You” and “Your” in this Agreement applies to your company and all employees accessing the Service.

If You or Your company do not agree to this Agreement, you are prohibited from using or accessing the Service.

The materials appearing on Winter International’s web site could include technical, typographical, or photographic errors. Winter International does not warrant that any of the materials on its web site are accurate, complete, or current. Winter International may make changes to materials contained on its web site at any time without notice. Winter International does not, however, make any commitment to update the materials.

Winter International reserves the right to revise and modify these TOS from time to time. Any revision and modification of these TOS shall be effective upon notice, which includes but is not limited to posting on Winter International’s website, or by any other means thereof. By using the Service you are agreeing to be bound by the then current version of these TOS.

Software License and Restrictions

For the term of the TOS, Winter International grants you a limited, non-transferable, non-exclusive right to access and use its proprietary software products and related documentation (“Software”) as a hosted service via a web browser for Your internal business use only (“Service”).

Winter International retains all rights and controls over the Software and only makes it available for access. Nothing in these TOS obligates Winter International to transfer or deliver or make available any copies of computer programs or code from the Software to You, whether in object code or source code form.

Winter InternationalData Privacy and Security Indemnity

Winter International shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your data. Winter International shall not disclose Your data except as compelled by law or as expressly permitted in writing by You, or access Your data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters.

In the event of a security breach by anyone other than Your employee or Third-Party Contractor, Winter International will promptly notify You of the nature and scope of such breach and will initiate remedial actions consistent with industry standards. You will be notified of the nature and scope of remedial actions Winter International will undertake, and the timeline within which Winter International expects to remedy the breach.

You maintain sole responsibility for notifying Winter International of an internal security breach event by Your employee or Third-Party Contractor, as well as initiating remedial steps you expect to remedy the breach.

Intellectual Property Rights

You acknowledge that Winter International owns all right, title and interest in and to the Software, Service, the documentation for the Software, and all modifications and/or enhancements to the Software including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws.

You acknowledge that Winter International will retain all right, title and interest to transactional and performance data related to use of the Service that Winter International may collect, use and disclose for its business purposes (including software use optimization and product marketing) provided that such use does not reveal Your identity or any of Your Confidential Information.

You retain all right, title and interest to any and all information provided, inputted or uploaded to Winter International by You, or by Winter International on Your behalf. Winter International has no right, title or interest in any personally identifiable information related to your data.

Publicity

If You subscribe to the Service, you agree that Winter International can disclose the fact that you are a paying customer. During the term of these TOS, and unless otherwise set forth, You grant Winter International the right to reference You, along with Your logo, in marketing materials and on Winter International’s public web site until such time as Your use of the Service is discontinued.

Disclaimer of Warranty and Liability

You accept and acknowledge that Winter International exercises no control over Your specific practices and that the Service can be configured and used in ways that do and do not comply with Laws. It is Your sole responsibility to monitor Your human resource practices and employees’ compliance with all applicable laws when using the Service. You assume full responsibility for any and all decisions as to employment, promotion, advancement, termination, notification, or compensation of any employee or authorized user of the software. Winter International hereby disclaims all liability arising from Your decisions and from harmful data or code uploaded to the Software by You, Your employees or contracts, and provides access to the Service at your own risk.

Winter International will not provide You with legal advice regarding compliance, data privacy or other relevant laws, rules of regulations in jurisdictions in which You use the Service.

In no event will Winter International be liable for any indirect, consequential, special, punitive, or exemplary damages arising out of this Agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY CONDITION OR WARRANT WHATSOEVER. Winter International HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, SERVICE, DOCUMENTATION AND/OR OTHER MATERIALS. Winter International DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED OR THAT ITS OPERATION WILL BE ERROR-FREE.

Return/Refund Policy

You may cancel at any time, you will be refunded for the last month of usage. If you choose to cancel your subscription, we will help you export your data.

Refunds are returned using the original method of payment. If payment was made by credit card, your refund will be credited to that same credit card. Please contact us to discuss any necessary return or refund.

Indemnification

You agree to hold harmless and indemnify Winter International, and our affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case Winter International will provide you with written notice of such claim, suit or action.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR BREACH OF SECURITY WITH RESPECT TO YOUR DATA. LOSS OF BUSINESS INFORMATION AND OTHER PECUNIARY LOSS AND COSTS OR LEGAL EXPENSES) INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY, ARISING FROM OR RELATED TO THESE TERMS OF SERVICE AND AGREEMENT, INCLUDING WITHOUT LIMITATION THE SERVICE, OR USE THEREOF, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, STATUE, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER OR ANY THIRD PARTY WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE EXTENT POSSIBLE UNDER APPLICABLE LAW, TO THE FEES COLLECTED BY Winter International FROM YOU PURSUANT TO THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE IMPOSITION OF LIABILITY. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING IS A REASONABLE ALLOCATION OF RISK.

Under no circumstances shall Winter International be liable for failure to fulfill its obligations under these Agreements for any unavailability caused by circumstances beyond Our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, material shortages, delays in transportation, strikes or other labor problems (other than those involving Our employees), Internet service provider failure or delays, or denial of service attacks. The time for performance of any such obligation shall be extended for the time period lost by the reason of the delay.

Governing Law

UNLESS PROHIBITED BY LAW, THESE TOS ARE MADE IN ACCORDANCE WITH AND IS GOVERNED AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEBRASKA, WITHOUT REFERENCE TO SUCH STATE’S CONFLICTS OF LAWS PRINCIPLES. IN NO EVENT SHALL THESE TOS BE SUBJECT TO THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

Entire Agreement:

This agreement as amended from time to time includes any schedules and exhibits attached hereto, and any executed Order Forms between You and Winter International. Such documents encompass the entire agreement between you and Winter International with respect to the subject matter hereof and supersede all prior representations, agreements and understands, written or oral.

If any provision hereof should be held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.

Waiver:

The failure of Winter International to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between You and Winter International and govern your use of the Service, superseding any prior agreements between you and Winter International (including, but not limited to, any prior versions of the TOS).