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Terms and Conditions

Sessions

Sessions

1 months ago
updated

Last updated on: 7 December 2022

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE


 

 

Welcome to Sessions, the platform that helps teams drive better customer engagement through video collaboration. Sessions is provided by Sessions Technologies Inc, and its affiliates

These terms & conditions (the “Terms”), serve as a legal binding agreement between the User (as defined below)  and Sessions which govern the User’s and its Affiliates’ license to access and use our website: sessions.us and our platform at https://app.sessions.us Sessions ( the „Platform”) and any other associated services provided by us directly (collectively, the “Services”). These terms apply regardless of the pricing plan you choose BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE SESSIONS WEBSITE OR BY UTILIZING THE PLATFORM AND ANY OTHER RELATED SERVICES YOU AGREE/ACCEPT TO BE BOUND BY THESE TERMS AND CONDITIONS AND INCORPORATED POLICIES. 

By accepting these Terms, You: (1) agree to this Terms on behalf of the organization, business, or other legal entity for which you act (“User,” “you,” or “your”); and (2) represent and warrant that you have the authority to bind User to this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services. You will be considered a User even if you access the Services for personal use only, (i.e. not in connection with an organization, business, or other legal entity). If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

If you are accessing or using the Services on behalf of an organization, then your organization is legally and financially responsible for your access to and use of the Service as well as for the use of your Sessions account by others affiliated with the organization, including any employees, agents or contractors. For the avoidance of doubt, the organization, company, or other legal entity for which you act will be considered the “User” under this Terms. 
 

As part of these Terms, you agree to comply with the most recent version of our Acceptable Use Policy and our Privacy Policy, which is incorporated by reference into these Terms. If you access or use the Services, or continue accessing or using the Services after being notified of a change to the Terms, Privacy Policy or the Acceptable Use Policy, you confirm that you have read, understand and agree to be bound by the Terms, Privacy Policy and the Acceptable Use Policy. 

If you do not agree with these Terms, the Acceptable Use Policy, the Privacy Policy or any other policy referred to herein, do not access or use the Services. For the use of the Services, it is necessary to read and accept these terms and conditions in full. We will provide the Services, and you may access and use the Services in accordance with these Terms.

We do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

1.Definitions

In these Terms the following terms will be used for references:

  • ”we”, ”us”, ”Sessions”, will refer collectively to Sessions Technologies Inc and our existing Affiliates
  • an “Affiliate” in these Terms, means any entity that directly or indirectly controls or is controlled by, or is under common control with, the party specified. For purposes of this definition, “control” means direct or indirect ownership of more than fifty percent (50%) of the voting interests of the subject entity.
  • ”you”, ”your” will refer to the User acting either on behalf of an organization or on behalf of yourself . A User can be an Admin, Contributor, Member, Moderator and/or an Attendee who uses the Services. Details about these roles can be found in the Help center section Roles
  • ”Session” will refer to the specific meeting organized and hosted using Our Platform. 
  • ”Workspace” means a digital storage area created with your account on our Platform from where you can invite members, create and share agendas and resources with the members; 

2.General Rules

2.1. System requirements.

Use of the Services requires one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, Your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are Your responsibility.

2.2. No relationship between the Platform and the Users. 

There is no connection between the Platform and the Users and no affiliation herein. The Users  are solely responsible for the content and activities they perform on the Platform. Any kind of disputes will be settled between the Users, without the Platform’s interference.

5. Subscriptions 

5.1. We recently launched our pricing plans. A “Subscription Plan” means the applicable subscription level of packaged functionality and services as detailed on Session’s website. 

5.2. All the existing and registered users will by default be considered the owners of a Pro subscription for a free trial period of 60 days. The trial period can be modified unilaterally by Sessions  You can choose to upgrade your Subscription plan any time. If after trial period you do not wish to continue with the Pro subscription you will be downgraded to free subscription, except for the Lifetime deal Users which will by default be considered the owners of a free Pro subscription for life.The level of packaged functionality and services for each subscription plan can be changed any time and unilaterally by Sessions.  

5.3. Our pricing plans are released as a beta version. This means that for now, all the subscription plans are free. We will charge you nothing and we will not request you any payment details. You will be informed when the access to the Subscription plan becomes conditional on making a payment. This section and these Terms will be updated with relevant payment details/information once the payment option is implemented. 

5.4. We will do our best to provide the level of packaged functionality and services described in each Subscription plan. However, since pricing plans are released as a beta version you might experience certain limitations and interruptions. This will all be fixed once the payment option is implemented.

4. Integration with other Apps

Brief: Sessions is an all-in-all platform which allows you to have meetings and display other elements in the same working space where viewers can see them without going through the hassle of changing screen and other apps. In this section you will find how Sessions integrates with other Apps so you can deliver the most amazing sessions.

  • Sessions can embed certain link in different tabs. It does so by framing the content, which will be delivered „as it is”. Please take into consideration that certain websites or certain video can be protected by their owner and you will need to ask for their permission in order to embed the content in Sessions.
  • Sessions does not download any content from the links you provide to us and does not change any kind of privacy policies you might have in place for those links. 
  • If Sessions will allow you to login in a certain app (such as Miro), the login will be made on that app and not on Sessions. Sessions will not, at any time, see your username, password, or any other kind of personal information, nor will it save it. 

5. Recordings

Brief: Sessions can allow the recording of  the entire meeting. In this section, you will find out what does that mean and how it can impact you.

  • Only Hosts and Assistants can record a session. . Any other person does not have the right to record the meeting. By using the Services, you are giving Session consent to store recordings for any or all sessions that you join, if such recordings are stored in our systems.
  •  For more information about recording please consult the Help Center -> Using Sessions). If you choose to download the recording, you are responsible for storing and processing it according to all recording laws and data processing regulations.
  • When a Session is recorded, you will be notified of this and the ”recording” button will be visible. If you do not consent to being recorded, you can choose to leave the session.
  • The Host   is solely responsible for gathering the Attendees’s consent for recording and complying with all applicable laws and regulations.
  • Sessions is not responsible for any kind of damage, loss, intent of loss or any other prejudice that might occur from the act of recording and/or the use of recordings. You acknowledge and understand that the sole responsible for the recorded content is the Host and any kind of solicitation must be addressed to the Host  and not to Sessions. 

6. Disputes

  • We are not responsible for any kind of prejudice that might occur from the Moderators  and Attendees  interaction. 
  • In this respect, Session acts as an intermediary between the Moderators and the Attendees t. Each User is responsible for the content they will upload and present during a session or within the Workspace, as well as for any other kind of interactions that will take place between with the other Users t.
  • If you participated in a paid session, all refund requests as well as any other solicitations must be addressed to the Host. 
  • You should check all the details of a Session before attending one. In case you are not sure about specific points, you may get into contact with the Hist and ask for further details. Please be aware that We do not have any kind of responsibility for the sessions organized and hosted by the Host  or for the content made available by any User  on the Platform. 

7. How you may use the material on the Platform

  • We are the owner or the licensee of all intellectual property rights contained in the material published on our website and Platform. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
  • You may download for your personal use the information shared with you during a session or within the Workspace, according to the instructions provided by the Host/Admin and according to these Terms.  You must always keep the downloaded information safe and not share it with anybody else unless you have the express clearance from the user who uploaded such information .
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. For the content provided by the other Users during the session or within the Workspace, you must ask for their consent before modifying or altering in any way the content provided.
  • You are not allowed to record the Session you attend on your own, including using external tools (such as screen recorders). This is a violation of our copyrights, as well as the intimacy of other attendees and we reserve the right to bring a claim upon justice in order to recover our prejudice.
  • You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors.

8. Availability of the Platform

  • We may suspend or terminate access or operation of the Platform at any time as we see fit.
  • While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.

9. We are not responsible for the websites we link to

  • Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
  • We have no control over the contents of those sites or resources.

10. User-generated content is not approved by us

  • This Platform may include information and materials uploaded by other Users of the Platform. This information and these materials have not been verified or approved by Us. The views expressed by other users on our Platform do not represent our views or values.
  • The content you, as a User, share or use within the Platform  is your responsibility. We do not verify this content and cannot interfere with it. During a session, the Host is solely responsible for the content the participants are sharing. In case you consider the content to be offensive or in any other kind infringing, please contact the Host  first-hand and express the situation. If the Host  does not handle the situation in a manner you are satisfied, you may contact Us in order to further investigate the issue.
  • Any kind of content you or others share or post on the Platform, is your responsibility.

11. Your Content

  • Some of our Services are designed to let you upload, submit, store, send, receive, or sharetext, files, images, photos, video, sounds, software, works of authorship, or other materials ("Content".)
  • You have no obligation to provide any Content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share Content, please make sure you have the necessary rights to do so and that the content is lawful. For example, if you choose to use a specific logo in the Custom branding section or in My product section, you confirm that you have the right to use and upload such logo. 
  • You agree that You are solely responsible for the Content sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to Sessions and that such use does not violate or infringe on any rights of any third party.
  • Under no circumstances will We be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although we are not responsible for any Content, we may delete any Content, at any time without notice to You, if we become aware that it violates any provision of this Agreement, or any law. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.

12. Ownership, use and intellectual property rights

  • The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform are owned by us and our licensors.
  • We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
  • Nothing in these Terms grants you any legal rights in the Platform or the other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform.
  • The content provided by any User  during a session or within  the Workspace, including the material and information posted in the Resources area are subject to the such User's intellectual property rights. If you would like to use, alter, modify and further amend those materials, you should first get in contact with the user r  and ask for specific permission.
  • Our permission to use your Content. Your content remains yours, which means that you retain any intellectual property rights that you have in your Content. However, some Sessions functionalities imply the use of your content. Therefore, by accepting these Terms you give us the permission to use your content through a worldwide, royalty-free, sublicensable, perpetual, license to use, modify, publicly perform, publicly display, reproduce, and distribute your Content for the limited purpose of providing the services. This license: (a) only covers your intellectual property rights and shall not apply to any publicly-available factual information, (b) allows us to host, reproduce, distribute, communicate, and use your content according to these Terms and other applicable policies — for example, to save your content in Session’s memory, (c) allows Us to publish Your Content if you made it available to others. If you remove your protected Content from our Services, we will stop making it available to the public provided that you did not already share your content with other users before removing it (in this case, even though we remove the content from your account, we can't control how the other user uses/used your content).

12.1. Prohibited Use

  • You agree that You will not use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts our networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties or Flow; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Flow or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Flow's security systems. (ix) use the Services in violation of any Flow policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations. 

12.2. Limitations on Use. 

  • You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with us. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

12.3. COPYRIGHT

  • You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. We may deny access to the Services to any Customer who is alleged to infringe Session  or another party's copyright. 
  • We retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names  associated or displayed with the Services. 

13. We are not responsible for loss or damage suffered by you

  • Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • We exclude all implied conditions, warranties, representations, or other terms that may apply to our Platform or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

14. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy 

15. Uploading content to our Platform

  • Whenever you make use of a feature that allows you to upload content to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our Acceptable Use Policy .
  • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
  • Any content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Platform, as the case may be, a limited license to use, store and copy that content and to distribute and make it available to third parties according to the Terms.
  • We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
  • You are solely responsible for securing and backing up your content.
  • We do not store terrorist content.

16. We are not responsible for viruses and you must not introduce them

  • We do not guarantee that our Platform will be secure or free from bugs or viruses.
  • You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
  • You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 17. We are not responsible for events outside our control

  • If the provisioning of the Services is delayed by an event outside our control, we will contact you as soon as reasonably possible to let you know and we will take steps to minimize the effect of the delay. Provided we have acted reasonably in letting you know about the delay where it is possible for us to do so, we will not be liable for delays caused by the event.

18. We are not responsible for third party websites and services

  • The Services may contain links or referrals to third party and other independent websites and services which are not provided by us. Such websites and services are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgment about whether to use them, including whether to buy any products or services offered by them

19. Rules about linking to our Platform

  • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
  • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • You must not establish a link to our Platform in any website that is not owned by you.
  • Our Platform must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
  • We reserve the right to withdraw linking permission without notice.
  • The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy .
  • If you wish to link to or make any use of content on our site other than that set out above, please contact Us.

20. Other Terms

20.1. Governing Law & Jurisdiction. All matters arising out of or relating to these Terms, are governed by, and construed in accordance with, the laws of the State of New York, United States of America, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New York.

Requirement to File Within One Year. Notwithstanding any other statute of limitations, a claim or dispute under these Terms must be filled within one year of when it could first be filed, or such claim will be permanently barred.

20.2. Open Source. The Platform may include open source software, which is bound by its own licensing. Please refer to the software for further information.

20.3. Other Software. In order to deliver the Services, the Platform may use other software that will be incorporated in the Platform. Please refer to the specific software for further information about licensing and other specifications.

20.4. Security. You are responsible for configuring your devices for Platform access. You should use your own virus protection software.

20.5. Entire Agreement. These Terms constitute the whole legal agreement between you and Flow and replace any prior applicable Terms and Conditions that governed the service prior to the Last Updated date specified above.

21. Changes to the Terms

  • We may amend these Terms from time to time, for instance when we update the functionality of our Services.
  • We will use commercially reasonable efforts to generally notify all users of any changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. 
  • We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. 
  • If you continue to access or use of the Services after the date of the new Terms this constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

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