TERMS AND CONDITIONS

Acceptance

Welcome to https://www.utilizecore.com/ . The https://www.utilizecore.com/ website (the "Site") is comprised of various web pages operated by UtilizeCore LLC ("Core"). https://www.utilizecore.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.utilizecore.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

https://www.utilizecore.com/ is a SaaS Site.

Business Automation

Privacy

Your use of https://www.utilizecore.com/ is subject to Core's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting https://www.utilizecore.com/ or sending emails to Core constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Core is not responsible for third party access to your account that results from theft or misappropriation of your account. Core and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Core does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.utilizecore.com/ only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

https://www.utilizecore.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Core and Core is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Core is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Core of the site or any association with its operators.

Certain services made available via https://www.utilizecore.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.utilizecore.com/ domain, you hereby acknowledge and consent that Core may share such information and data with any third party with whom Core has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.utilizecore.com/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.utilizecore.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Core that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Core or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Core content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Core and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Core or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by Core from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Core Content accessed through https://www.utilizecore.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Core, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Core reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Core in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Core agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. UTILIZECORE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

UTILIZECORE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. UTILIZECORE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UTILIZECORE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF UTILIZECORE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Core reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Core as a result of this agreement or use of the Site. Core's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Core's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Core with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Core with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Core with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Core reserves the right, in its sole discretion, to change the Terms under which https://www.utilizecore.com/ is offered. The most current version of the Terms will supersede all previous versions. Core encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Core welcomes your questions or comments regarding the Terms:

UtilizeCore LLC 89 West 5th Avenue New York, New York 10003

Email Address:
Support@Utilizecore.com

Telephone number:
917-310-5422

Effective as of February 13, 2019

END USER LICENSE AGREEMENT

This copy of UtilizeCore ("the Software Product") and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. The Licensee's ("you" or "your") license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement ("Agreement").

Acceptance

YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant

This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product. For further information regarding multiple copy licensing of the Software Product, please contact:

Representative:
Ryan M. Gottfried
Address:
89 5th Avenue, New York, New York, 10003, USA
Phone Number:
917-310-5422
E-mail Address:
support@utilizecore.com
Restrictions on Transfer

Without first obtaining the express written consent of PC, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use

You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.

You may not use the database portion of the Software Product in connection with any software other than the Software Product.

Restrictions on Alteration

You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying

You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY PC, PC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

Disclaimer of Warranties and Limitation of Liability

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY PC, PC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

PC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. PC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. PC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL PC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PC OR ANY OTHER PARTY, EVEN IF PC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PC'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages

Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of PC. PC reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If PC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by PC to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold PC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs

This Agreement is governed by the laws of New York, without regard to New York's conflict or choice of law provisions.

Severability

If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.

Production Release Policy

What is this policy? In order to provide a high-quality solution and be aligned with the current standard procedures across the software industry, UtilizeCore has developed the following policy. This details an in depth explanation of the proper procedures and guidelines required to release an update, fix, or enhance the platform in the production environment.

Following the provided guidelines will ensure that when an update is released to production, the production environment maintains our SLA and operating standards. Our goal is to make sure users don’t experience any issues.

Please read the following guidelines and procedures carefully. We want to ensure that best practices are kept with our users.

Scheduled Releases

All the enhancements and bugs that have been requested and documented during the implementation process, ongoing product meetings, and through the support channels will be categorized into two categories: General Release or Specific Release.

Release Procedures

Specific Release: Can be set up by a client, Monday through Friday.

  • Pushing to production - UtilizeCore Commit Team will release prior to 9:00 AM EST
  • User Acceptance Testing - Client Project Management team will do thorough rounds of testing in the sandbox environment, followed by a round of smoke testing on the functionality to be released to production. Users will confirm that the production environment is working and stable.
  • Release Notes - To be readily available in the UtilizeCore application resources section, as well as, sent out in email format to requesting parties.

General Release: Will happen on a bi-weekly to monthly schedule.

  • Pushing to production - UtilizeCore Commit Team will release prior to 9:00 AM EST
  • Email Notification - Email will be sent 10-15 days in advance notify to the management team and team members a production general release is on its way.
  • Release Notes - To be readily available in the UtilizeCore application resources section, as well as, sent out in email format to requesting parties.

Production Release bug (any bug related to the recent release)

  • A Core senior developer will review and analyze the bug, then provide a solution to fix it
  • The client management team or project management team will review the senior developer report and make a decision to approve the immediate fix and release it to production.
  • Rollback, if there is a negative response from the client’s management team or project management team to approve the immediate fix, then the rollback process will start (see the rollback procedure and policies)

Emergency Releases

Default Criteria: Critical Priority (Severity I)
Definition= All updates, changes, enhancements, and solutions relating to anything that disrupts a company from being able to effectively run their business or threaten a relationship with clients, vendors, or employees. (accounting, invoicing, Work Order flow, vendor management).

Emergency Criteria (priority/severity):

  • Critical priority - Severity I
    • Examples
      • The platform is down
      • Site page is down
      • Work Order page is down
  • Urgent priority - Severity I
    • Examples
      • Team members can’t log in to the platform
      • Work Orders were not generated from an agreement
      • Vendor/Internal tradesmen are not receiving Work Orders on their mobile application
      • The reports are not being generated properly
  • Medium priority - Severity II
    • Examples
      • One team member is experiencing an issue with the platform
      • A group of Work Orders is showing wrong data
  • Low priority - Severity III
    • Examples
      • UI is breaking
      • Issues are minimally impacting the function/ performance, but team members can still execute the function.
  • Severity I - 24-36 hours to resolution
    • Examples
      • All user’s team members affected
      • All tradesmen affected
      • All vendors affected
  • Severity II - 48-60 hours to resolution
    • Examples
      • The Client Management team is impacted
      • The Operation Management team is impacted
      • Operation team members are impacted
  • Severity III - 72-84 hours to resolution
    • Examples
      • Only one team member is impacted
      • The bug/issue is not impacting the functionality performance

Emergency Release Guidelines:

  • Pushing to production - Need confirmation from the Client Project Management team and Core Project Manager.
  • Lead Developer Support - Core Senior Developer will provide online support right after the release has been pushed to production so there can be real-time monitoring on the performance in case there is an issue so immediate action can be taken.
  • User Acceptance Testing - Client Project Management team will test the function released to production to confirm that production is working and stable.

Production Release bugs (any bug related to the recent release)

  • A Core senior developer will review the bug and analyze the bug to provide a solution or fix.
  • The client management team or project management team will review the senior developer report and make a decision to approve the immediate fix and release it on production.
  • Rollback, if there is a negative response on the client’s management team or project management team to approve the immediate fix, then the rollback process will start (see the rollback procedure and policies)

Rollback

When the release to production did not satisfy the client’s User Acceptance Testing or there are bugs that can not be resolved in a short period of time that jeopardize the business operations, the Rollback process will take the platform back to the previous stage before the release to production happened. See below the guidelines in order to proceed with a rollback.

Regular Releases Guidelines:

  • Rollback approval - Client’s Project Management team will provide request and approval via an email to the UtilizeCore team so the developers can initiate the rollback process.
  • Lead Developer Support - Core Senior Developer will provide online support during the rollback process to ensure the production environment is stable and satisfactory to the client.
  • User Acceptance Testing - Client Project Management team will review the system and provide confirmation that the production environment is working to spec and that the platform is not having any issues.

PRIVACY POLICY

1. Introduction

This Privacy Policy sets forth the privacy practices of Core International LLC and its affiliates (collectively, “Core International LLC”) with respect to all information, data, graphics, content, software applications, including the Core International LLC App (the “App”); the Core International LLC website, located at www.utilizecore.com, (the “Site”); and other Core International LLC services provided or otherwise made accessible on or through the App or the Site. Collectively, the Site, the App and the other Core International LLC services are hereinafter referred to as the “Services”. In this Privacy Policy, “we”, “us”, “our” and other similar references mean Core International LLC and “you” and “your” and other similar references mean a specific user of the Services.

We understand and respect the privacy concerns of our users, and we have made it a critical focus of the Services to protect the confidentiality and security of the personal information you provide us. We have created this Privacy Policy to inform you about how we collect, use and share your personal information, and our privacy practices.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND TO ALL THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICES.

2. The Information We Collect

We may collect two types of information: Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII).

PII is information that identifies a specific user of the Services. When you engage in certain activities on the Services, such as when you register to use the Services, we may ask you to provide certain information about yourself that we will collect and store, such as your first and last name, gender, email address, ZIP code, year of birth, and email address. PII may also include location-specific information, such as GPS data generated by your mobile device. Depending on what activity you are engaged in, some of the information that we request will be identified as mandatory. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity. We may also collect PII from third party apps and websites, including Facebook and Twitter, when you access our services through one of these third parties, or when you access the Services using your credentials from such third party sites or apps. If you do so, the information we collect may be limited by the third party’s own privacy policies. If you visit or use any such website or app, we encourage you to review that website or app’s privacy policy. We are not responsible for the policies or practices of third parties.

Non-PII is information that identifies your computer or mobile device and its navigational patterns through the Services (but does not identify a specific user). We may automatically collect Non-PII information when you visit the Services, through the use of a variety of tools including cookies (small text files that are stored on a user’s computer for record-keeping purposes and which contain information about that user’s computer), or other available data analysis or collection technologies.

3. How We Use and Share Information

We may use the information we collect to (a) provide the Services you request, including location-based services, that rely on, use or incorporate the location of a device to provide or enhance the Service; (b) notify you of promotions, special events, new Services and special offers; (c) improve our product offerings, customer service and overall user experience; (d) improve the content, operation, appearance and utility of the Services; (e) conduct surveys, research and evaluations; (f) troubleshoot and resolve disputes; (g) gather demographic data; and (h) accomplish other administrative tasks. We may permit users to link their Facebook and Twitter accounts to the Services, so that users can post their recent activity on our Services to their accounts on those third party services and otherwise coordinate the Services with such other accounts.

We may share your information collected on the Services with our subsidiaries and other affiliated companies, and with other vendors and business partners, including marketing partners, with whom we work (collectively, “Our Affiliates”). Such business partners include companies who provide business services to us or on our behalf such as to market products or services to you, monitor Services activity, serve Services content, help to maintain our customer database, and administer emails, surveys or other contests. We also reserve the right to disclose your information in good faith as required by law, in response to legal process including law enforcement requests; with any person or entity that has acquired all or any part of our business or assets; and where needed to prevent fraud and to protect the safety, property, or legal rights of users of the Services or Our Affiliates.

4. Unsubscribe or Opt Out

If you decide that you are no longer interested in receiving recommendations or communications from us, you may follow the instructions in our emails to unsubscribe from our email list or support@utilizecore.zendesk.com.

5. Editing and Deleting Your Information

You may revoke consent at any time for any use of PII, including user location information, collected from you under this Privacy Policy. To revoke consent and re-set your privacy settings, indicate by checking the “I revoke” box at the end of this Privacy Policy. Even after you revoke consent or remove your information from your profile, copies of your information may remain viewable elsewhere to the extent it has been shared with others or it was copied or stored by other users. We may also be required to retain your information by law or for legitimate business purposes, such as to prevent identity theft or other misconduct.

You may request a copy of your PII, or correct factual inaccuracies it may contain, by contacting our privacy manager at support@utilizecore.zendesk.com.

6. Storage and Security

We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse and alteration of your information under our control. Notwithstanding such measures, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of any information transmitted to or from the Services. We also are not responsible for the actions of any third parties that may receive any such information.

We may transfer your information to, or maintain it on, computers located outside of your state or country, in a location having laws that are less protective of your privacy. If you are located outside the United States and choose to provide information to us, be advised that Core International LLC is located in the United States and processes your information in the United States. By using the Services under this Privacy Policy and the Terms of Use, you consent to the transfer of your information to the United States.
We will retain PII only as long as our business needs require. We will then destroy or render unreadable any such information upon disposal.

7. User Age and Privacy

We do not collect or maintain information from anyone known by us to be under the age of 13, and no part of the Services is designed to attract anyone under the age of 18. Users under the age of 18 may only use the Services under the supervision and direction of a parent or legal guardian. Such parent or legal guardian covenants and agrees to cause said minor to adhere to all of the provisions of this Privacy Policy and shall indemnify Core International LLC and our respective successors and assigns, from and against any and all liability arising out of the use by said minor under his or her supervision and direction.

8. Changes to Privacy Policy

We may change this Privacy Policy at any time. The revised Privacy Policy will be effective immediately when posted on the Services. It is the responsibility of each user to review the Services and the Privacy Policy periodically to learn of any revisions to this Privacy Policy. Your continued use of the Services after such revisions take effect will constitute your acknowledgment and acceptance of the terms of the revised Privacy Policy, provided that it does not authorize the use of your PII for a new or materially different purpose.
If you have any comments or questions regarding our Privacy Policy, or to report abuse of any PII collected under this Privacy Policy, please email us at support@utilizecore.zendesk.com or contact us atCore International LLC, +1 (917) 310-5422. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.

Service level agreement (SLA)

GUARANTEED UPTIME: UPTIME LEVELS 99.9%

Exclusions: This SLA is written in good faith. Vendor will always do everything possible to rectify every issue in a timely manner.
However, there are exclusions. This SLA does not apply to:
  • Any equipment, software, services, third party or otherwise, or any other parts of the System not listed above.
  • Software, equipment or services not purchased via and managed by Vendor.
Additionally, this SLA does not apply when:
  • The problem has been caused by using equipment, software or service(s) in a way that is not recommended.
  • The client has made unauthorized changes to the configuration or set up of affected equipment, software or services.
  • The client has prevented Vendor from performing required maintenance and update tasks.
  • The issue has been caused by unsupported mobile devices, equipment, software or other services. This SLA does not apply in circumstances that could be reasonably said to be beyond Vendor’s control. For instance: floods, war, acts of god, civil unrest and so on. This SLA also does not apply if the client is in breach of its contract with Vendor for any reason (e.g. late payment of fees, improper use, violation of terms, etc.).
Vendor responsibilities
  • Vendor will provide and maintain the System used by the client.
  • Vendor will make available the System through internet, iOS and Android stores and proprietary client applications.
Additionally, Vendor will:
  • Ensure relevant software, services and equipment are available to the client where necessary.
  • Respond to support requests within a reasonable timeframe.
  • Take steps to escalate and resolve issues in an appropriate, timely manner.
  • Maintain good communication with the client at all times. Client responsibilities The client will use Vendor-provided system as intended. [The client will be responsible for, and obtain, all consents required under any law or regulation in any jurisdiction, relating to the use of the System on the telephone system, including but not limited to the Telephone Consumer Protection Act (“TCPA”).] [The client will insure, indemnify, and hold harmless Vendor for any violations, real or alleged, of any laws or regulations, relating to the use of the System with the client’s consumers and clients. In other words, the client represents that it has the right to send text messages or SMS messages to its clients using the System and promises to indemnify Vendor if it does not.] [The client will provide Vendor with the use of the client’s business phone number for purposes of receiving incoming SMS or text messages.]
Additionally, the client will:
  • Notify the client of issues or problems in a timely manner.
  • Provide Vendor with access to equipment, software and services for the purposes of maintenance, updates and fault prevention.
  • Maintain good communication with Vendor at all times.
Guaranteed uptime: Uptime levels 99.9%
  • In order to enable the client to do business effectively, Vendor guarantees that certain items will be available for a certain percentage of time.
    • The UtilizeCore Service Business Automation System is guaranteed to have a 99.9% uptime.
    • The Weather Monitoring System is guaranteed to have a 99.9% uptime.
    • The Field Tech Mobile app is guaranteed to have a 99.9% uptime.
  • Back-off Requirements" means, when an error occurs, the devices are responsible for waiting for a period of time before issuing another request. This means that after the first error, there is a minimum back-off interval of 30 seconds and for each consecutive error, the back-off interval increases exponentially up to 5 mins.
  • "Downtime" means more than a 15% Error Rate for the UtilizeCore Service Business Automation component, Weather Monitoring Module component and Field Tech Connect mobile application component. Downtime is measured based on server-side Error Rate.
  • "Downtime Period" means a period of 30 mins or more consecutive minutes of Downtime. Partial minutes will not be counted towards any Downtime Periods.
  • "Error Rate" means: for the UtilizeCore Website (HTTP) component, the number of Valid Requests that result in a response with HTTP Status 50x and Code "Internal Error" divided by the total number of Valid Requests during that period; and for the UtilizeCore, the number of Valid Requests that result in device disconnections as reported in UtilizeCore Stackdriver metrics (or other similar metrics made available to Client), divided by the total number of Valid Requests during that period. Repeated identical requests do not count toward the Error Rate unless they conform to the Back-off Requirements.
Measurement and penalties
  • Uptime is measured over each calendar month. It is calculated to the nearest minute, based on the number of minutes in the given month (for instance, a 31-day month contains 44,640 minutes).
  • If uptime for any item drops below the relevant threshold, a penalty will be applied in the form of a credit for the client.
  • This means the following month’s fee payable by the client will be reduced on a sliding scale.
The level of penalty will be calculated depending on the number of hours for which the service was unavailable,
minus the downtime permitted by the SLA:
Important notes:
  • Uptime penalties in any month are capped at 25% of the total monthly fee.
  • Uptime measurements exclude periods of routine maintenance. These must be agreed between Vendor and client in advance.
  • Uptime measurements will start in 180 days after agreement signing, as the road map has heavy development early in product deployment.
  • Uptime measurements are excluded for 24 hours after a planned production release of the clients development requirements.
Financial Credit
  • Client Must Request: To receive any of the Financial Credits described above, Client must notify UtilizeCore technical support within 15 days from the time Client becomes eligible to receive a Financial Credit. Client must also provide UtilizeCore with identifying information (e.g., project ID and device registry IDs) and the date and time those errors occurred. If Client does not comply with these requirements, Client will forfeit its right to receive a Financial Credit. If a dispute arises with respect to this SLA, UtilizeCore will make a determination in good faith based on its system logs, monitoring reports, configuration records, and other available information, which UtilizeCore will make available to Client at Client's request.
  • Maximum Financial Credit: The total maximum number of Financial Credits to be issued by UtilizeCore to Client for any and all Downtime Periods that occur in a single billing month will not exceed 25% of the amount due by Client for the Covered Service for the applicable month. Financial Credits will be made in the form of a monetary credit applied to future use of the Service and will be applied within 60 days after the Financial Credit was requested.
Guaranteed response times
  • When the client raises a support issue with Vendor, Vendor promises to respond in a timely fashion.
Response times
  • The response time measures how long it takes Vendor to respond to a support request raised via Vendor’s support system. Vendor is deemed to have responded when it has replied to the client’s initial request. This may be in the form of an email or telephone call, to either provide a solution or request further information. Response times are measured from the moment the client submits a support request via Vendor’s online support system.
  • Response times apply during standard working hours (9am — 5.30pm) only, unless the contract between the client and supplier specifically includes provisions for out of hours support.
  • Subject to the above limitations, Vendor promises to respond to support requests within forty-eight (48) hours.
Resolution times
  • Vendor will always endeavor to resolve problems as swiftly as possible. It recognizes that the client’s use of the System is key to its business and that any downtime can cost money. However, Vendor is unable to provide guaranteed resolution times. This is because the nature and causes of problems can vary enormously. For instance, it may be possible to resolve a fatal server issue in minutes, simply by restarting the server. But if a server fails due to disk error or a hardware fault (also classed as a fatal issue) it may take much longer to get back up and running. In all cases, Vendor will make its best efforts to resolve problems as quickly as possible. It will also provide frequent progress reports to the client.
SLA Exclusions
  • The SLA does not apply to any: (a) features or services designated Alpha or Beta (unless otherwise stated in the associated Documentation), (b) features or services excluded from the SLA (in the associated Documentation), or (c) errors: (i) caused by factors outside of UtilizeCore's reasonable control; (ii) that resulted from Client's software or hardware or third party software or hardware, or both; (iii) that resulted from abuses or other behaviors that violate the Agreement; (iv) that resulted from quotas applied by the system or listed in the Admin Console; or (v) that resulted from Client use of the Covered Service in a way which is inconsistent with the Documentation, including invalid request fields, unauthorized users, or inaccessible data.

GDPR SECURITY

INTRODUCTION

The General Data Protection Regulation (the “GDPR”) went into effect on May 25, 2018. The regulation harmonizes the patchwork of privacy regulations currently in effect around Europe. The regulations help people stay in control of their information, and UtilizeCore agrees with this principle. UtilizeCore does not sell customer data or use it for anything other than helping Service Managers. GDPR requires that companies take security and privacy seriously. It also requires transparency about how data is stored, moved, and processed. Companies must allow data subjects to control their data, and EU residents can ask for their data to be corrected, deleted, or exported. Companies need to document how they bulk process their customers’ information. They must enforce policies to protect that data, and for larger data processing operations, they need to have a Data Protection Officer with the power to control how data is processed and protected. Like the laws currently in effect, the GDPR defines when it is okay for companies to move data out of the EU.

UtilizeCore has worked with world-class legal, privacy, and cybersecurity consultants to audit its products and processes for GDPR compliance. In accordance with the regulation, we have balanced the need for security and data privacy protection with the legal, contractual, and commercial requirements of service managers.

CONTRACT UPDATES

The GDPR requires that data controllers define how data processors use the data they get from controllers. UtilizeCore has updated its Master SaaS Agreement, which provides the necessary information and includes the required components for GDPR, including standard contractual clauses for international data transfers.

WHAT IS THE GDPR STATUS OF OUR PRODUCTS?

(i) UtilizeCore is GDPR ready. UtilizeCore has a privacy policy located at  click here.

The UtilizeCore Privacy Policy is located at  click here.

DISCLAIMER

We cannot cannot give you legal advice and ultimately you are responsible for your compliance to all laws. This FAQ represents a dedicated effort, working with world-class counsel and consultants, to understand GDPR and its impact on service management.