1. Acceptance of Terms
1.1 Overview
This User Agreement ("Agreement") constitutes a binding legal contract between you, the user, and Cerific, the service provider. This Agreement governs your use of all services, features, technologies, and functionalities provided by Cerific. These services include, but are not limited to, user registration and profile management, professional networking, job searching and posting, credential verification, social media functionalities, and any other features or services offered by Cerific through its website, mobile application, or other platforms.
The use of Cerific's services extends to all interactions and transactions facilitated through our platform, encompassing communications with other users, organizations, and any engagement with content or services provided by Cerific or its partners.
1.2 Acceptance
- Agreement to Terms: By registering for an account, accessing, or using any part of Cerific's services, you agree to be legally bound by this Agreement. If you are using Cerific on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to this Agreement. In that case, "you" and "your" will refer to that entity.
- Age Requirement: You affirm that you are at least the minimum age required to enter into a legal agreement in your jurisdiction. If you do not meet this age requirement, you must not access or use Cerific.
- Continued Acceptance: Your continued use of Cerific after any modifications to this Agreement indicates your acceptance of the revised terms. If you do not agree to the new terms, you should stop using Cerific.
- Electronic Agreement: This Agreement is a digital contract that sets forth the legally binding terms of your use of Cerific. By registering for an account, you consent to enter into agreements electronically.
- Supplemental Policies and Agreements: Your use of Cerific is also governed by additional policies, guidelines, and agreements relevant to specific services or features offered by Cerific, such as privacy policies, community guidelines, and others. You agree to comply with these supplemental policies and agreements as they are integral parts of this Agreement.
2. Modification of Terms
2.1 Updates to Agreement
- Right to Modify: Cerific reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes.
- Notice of Changes: Whenever significant changes are made to this Agreement, we will make reasonable efforts to notify you via email, in-app notifications, or through a prominent notice on our service. However, it is your responsibility to review the Agreement regularly to be aware of any modifications.
- Effective Date: Changes to the Agreement will become effective immediately upon being posted on the Cerific platform unless we specify a later effective date. The most current version of the Agreement will supersede all previous versions.
- Acceptance of Changes: Your continued use of the Cerific platform following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the amended terms, you must stop using the services provided by Cerific.
- Documentation of Changes: We will archive prior versions of this Agreement for your review upon request.
- Your Responsibility: It is important that you review the Agreement whenever it is modified. If you do not have the legal authority to bind yourself or the company you represent to these terms, you must not accept this Agreement and may not use the services provided by Cerific.
- Consultation Suggestion: We encourage you to consult with a legal advisor if you have any questions about the changes or if any of the terms or conditions are unclear to you.
3. Account Registration and Use
3.1 Account Creation
- Accuracy of Information: Users are required to provide true, accurate, current, and complete information during the registration process. This includes but is not limited to your name, date of birth, email address, and mobile number. For business accounts, additional information such as company details, official email, and website may be required.
- Updating Information: It is the user's responsibility to keep their registration data up to date and accurate. If any information provided by the user is found to be false, misleading, outdated, or incomplete, Cerific reserves the right to suspend or terminate the user's account and refuse any current or future use of the services.
- Account Approval: Registration does not guarantee access to the service. Cerific reserves the right to approve or reject account registrations at its discretion.
3.2 Account Security
- Responsibility for Account: Users are responsible for maintaining the confidentiality of their account credentials, including passwords. All activities under your account are deemed to be carried out by the account owner.
- Unauthorized Use: In the event of any unauthorized use of your account or other security breaches, users must immediately inform Cerific. Cerific will not be liable for any loss or damage arising from failure to comply with this clause.
- Security Measures: Users are encouraged to use “strong” passwords (a combination of upper and lower case letters, numbers, and symbols) and to employ appropriate security measures to protect their account information.
3.3 Account Types
- Personal Accounts: Personal accounts are intended for individual use. Only verified personal account holders are eligible to create a business profile on behalf of a company or organization.
- Business Profiles: A business profile can be created by a verified personal user who has authorization from the respective company or organization. This business profile is managed exclusively through the personal account of the user who created it. The creator of the business profile will be designated as the admin for that profile.
- Role of Admin in Business Profiles: The admin of a business profile has the authority to manage the profile, including updating company information, responding to verification requests, and managing job postings. The admin role is tied to the personal account that created the business profile.
- Multiple Business Profiles: A verified personal user can create and manage multiple business profiles, provided they have the necessary authorization for each company or organization.
- Business Profile Deletion: The admin can delete the business profile at any time. However, this action is irreversible and will result in the loss of all data associated with the business profile.
4. User Conduct and Responsibilities
4.1 Legal Compliance
- Compliance with Laws: You agree to use Cerific in compliance with all local, state, national, and international laws and regulations applicable to your use of the platform.
- Respect for Regulations: This includes, but is not limited to, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
4.2 Prohibited Activities
- Fraudulent Activities: Engaging in fraud, misrepresentation, or false pretenses is strictly prohibited. This includes providing false information during registration, in your profile, or when posting content.
- Harassment and Abuse: You must not engage in harassment, bullying, stalking, or any other form of intimidation or abuse towards other users. This includes posting defamatory, offensive, or threatening material.
- Infringement of Rights: You must not infringe on the rights of others, including privacy rights and intellectual property rights. This includes unauthorized use or sharing of copyrighted material.
- Illegal Content: Posting or sharing content that is illegal, including content that promotes illegal activities, is strictly forbidden.
- Manipulation and Interference: Attempting to manipulate Cerific services, including creating fake profiles, artificially inflating network connections or content engagement, or interfering with other users' experiences, is prohibited.
- Exploitation and Harmful Conduct: You must not post or share content that exploits or harms minors in any way. This includes posting child pornography or content that sexually exploits children.
- Hate Speech and Discrimination: Content that promotes hate, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age is not allowed.
- Spam and Malware: Distributing spam, viruses, or other malicious software through Cerific is prohibited. This includes using Cerific to send unsolicited commercial messages.
- Illegal or Unauthorized Access: Accessing or attempting to access Cerific or other users' accounts without authorization, including through hacking or use of automated tools, is prohibited.
- Violence and Threats: Content that contains threats of violence or promotes violence, including terrorism, is forbidden.
4.3 Reporting and Enforcement
- Reporting Misconduct: Users are encouraged to report any violations of these conduct guidelines to Cerific.
- Enforcement Actions: Cerific reserves the right to take appropriate action against any user who violates these rules, which may include removing content, suspending account access, or terminating the account.
- Responsibility for Conduct: You are solely responsible for your conduct while using Cerific and for any consequences thereof.
4.4 Compliance with Professional Standards
- Users agree to comply with the ethical guidelines and professional standards of their respective fields, especially when providing or verifying professional information and credentials.
4.5 Responsibilities of Admins
- Users who create and manage business profiles are responsible for the accuracy of the information provided and for ensuring compliance with Cerific’s policies and applicable laws. Misuse of the business profile or provision of inaccurate information may result in suspension or termination of both the business and personal user accounts.
5. Content and Intellectual Property
5.1 User Content
- Ownership and Rights: You retain ownership of all intellectual property rights of the content you post on Cerific. This includes, but is not limited to, text, photos, videos, and personal information.
- License to Cerific: By posting content on Cerific, you grant the platform a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the service and Cerific's (and its successors' and affiliates') business. This includes, without limitation, for promoting and redistributing part or all of the Cerific services (and derivative works thereof) in any media formats and through any media channels.
- License Termination: This license ends when you delete your content or your account unless your content has been shared with others and they have not deleted it.
5.2 Content Standards
- Prohibited Content: You agree not to post or transmit any unlawful, infringing, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially or ethnically offensive, or otherwise objectionable material of any kind, including material that encourages criminal behavior or conduct that would give rise to civil liability, violates the rights of others, or otherwise violates any applicable local, state, national, or international law.
- Responsibility for Content: You are solely responsible for the content you post and the consequences of posting or publishing it. Cerific does not endorse any content or any opinion, recommendation, or advice expressed therein, and Cerific expressly disclaims any and all liability in connection with user content.
- Accurate Representation: You agree to provide accurate, complete, and non-misleading information in your content, particularly when relating to credentials, work history, skills, or services offered.
- Prohibition of Misinformation: Users must not post content that intentionally misrepresents credentials, work history, or professional qualifications. This includes fabricating, altering, or exaggerating such information to mislead others or enhance personal standing.
5.3 Content Removal
- Right to Remove or Restrict: Cerific reserves the right, but is not obligated, to remove or restrict access to content that we deem, in our sole discretion, to be violating the terms of this Agreement, including the Content Standards.
- Notification of Removal: When feasible, Cerific will attempt to notify you about the content removal, unless it would violate the law or a legal enforcement authority's order or directive.
- Appeals Process: If you believe that your content was removed in error, you will have the opportunity to request a review. Cerific will provide a mechanism for appealing content removal decisions.
- Emergency Situations: In situations where content poses an immediate threat or risk of harm, Cerific may remove or restrict access to such content without prior notice.
5.4 Reporting Infringements
- Reporting Mechanism: Cerific provides a process for reporting content that violates another party's intellectual property rights or other rights.
- Response to Infringement Claims: Upon receiving a valid infringement claim, Cerific will act expeditiously to remove or disable access to the allegedly infringing material and notify the user who posted it.
6. Privacy and Data Protection
6.1 Data Collection
- Types of Data Collected: Cerific collects various types of user data, including, but not limited to, personal information (e.g., name, email address, date of birth), professional information (e.g., job history, credentials), and usage data (e.g., user interactions, IP address).
- Methods of Data Collection: Data is collected through user-provided information during registration and profile updates, automatically through use of the service (e.g., cookies, analytics tools), and through third-party integrations (e.g., social media platforms).
- User Consent: By using Cerific, you consent to the collection of data as outlined in our Privacy Policy and this Agreement.
6.2 Data Use
- Service Provision: Data is used to provide and personalize the Cerific experience, including profile setup, credential verification, job searching, and network building.
- Service Improvement: Data is analyzed to understand user behavior, improve functionalities, develop new features, and enhance user satisfaction.
- Communication: User data may be used to send updates, security alerts, support messages, and marketing communications, consistent with user preferences.
6.3 Data Sharing and Disclosure
- Data Sharing: While maintaining user privacy, Cerific may share data with third parties for business or legal purposes. Such sharing will occur only with user consent, in compliance with privacy laws, or as necessary to provide our services effectively.
- For Service Operations: We may share data with service providers and partners who assist in operating the Cerific platform and performing functions on our behalf.
- Legal Compliance and Safety: Data may be disclosed if required by law or if necessary to protect the rights, property, or safety of Cerific, our users, or others.
6.4 Data Storage and Security
- Storage Locations: User data is stored on secure servers and may be transferred across national borders for processing and storage.
- Security Measures: We implement a variety of security measures, including encryption and access controls, to protect user data against unauthorized access, alteration, disclosure, or destruction.
- User Responsibility: Users are responsible for maintaining the confidentiality of their account information and should take care to protect their personal data.
6.5 User Rights and Choices
- Access and Correction: Users have the right to access, update, or correct their personal information at any time through their account settings.
- Opt-Out and Withdrawal of Consent: Users may opt-out of certain data uses, such as marketing communications, and may withdraw consent for data processing subject to applicable laws.
- Account Deletion: Users may request deletion of their account, which will result in the removal of their personal information from our active databases, subject to legal retention requirements.
6.6 Data Retention
- Retention Period: Cerific retains personal data as long as necessary to provide its services, comply with legal obligations, resolve disputes, and enforce our agreements.
- Anonymization and Aggregation: In some cases, data may be anonymized and aggregated for statistical analysis and business planning.
6.7 Changes to Privacy Practices
- Notification of Changes: If we make significant changes to our data handling practices, we will notify users through our services or other means, such as email.
- Continued Use: Continued use of Cerific after changes to our privacy practices indicates your acceptance of the updated terms.
7. Credential Verification and User Profiles
7.1 Verification Process
- Responsibility for Accuracy: Users are responsible for providing accurate and truthful information for credential verification. This includes, but is not limited to, degrees, certifications, licenses, and awards.
- Submission Process: Information submitted for verification must be complete and accompanied by necessary supporting documents or references as required by Cerific.
- Verification by Issuing Organizations: Credentials will be verified by the respective issuing organizations or authorized entities. Cerific may facilitate this process but does not directly verify the authenticity of the credentials.
- Timeframe and Notifications: The verification process may vary in duration. Users will be notified of the status of their verification requests through their Cerific account.
- Changes and Updates: Users must promptly update their credential information in the event of any changes or renewals to maintain the accuracy of their profiles.
- Accuracy and Truthfulness: Users are responsible for ensuring the accuracy and truthfulness of information submitted for verification. This includes personal credentials, work history, and any related documentation. By submitting this information, users declare it is correct and complete to the best of their knowledge, understanding that misrepresentation may lead to account suspension or termination.
7.2 Consequences of Misrepresentation
- Consequences of Misrepresentation: Providing misleading, false, or inaccurate information, especially in credential verification, will result in immediate account suspension or termination. Repeated violations may lead to a permanent ban from the platform.
- Investigation of Misrepresentation: In cases where misrepresentation is reported or suspected, Cerific reserves the right to conduct an investigation, which may involve contacting issuing organizations or authorities.
- Opportunity to Rectify: In certain cases, users may be given the opportunity to rectify incorrect information before any action is taken. This is at the sole discretion of Cerific and depends on the nature of the misinformation.
- Impact on Connected Users and Organizations: Misrepresentation by one user can impact the credibility of connected users and organizations. Therefore, users are encouraged to report any discrepancies they observe in other users' credentials.
- Legal Consequences: Beyond platform-specific repercussions, users should be aware that falsifying credentials can have legal implications under applicable laws, especially in professions where such misrepresentation poses a public safety risk.
- Record of Misconduct: Instances of misrepresentation will be recorded. A history of such instances may affect the user’s ability to utilize Cerific and its services in the future.
- Appeals Process: Users who believe their account was suspended or terminated unjustly may appeal the decision by contacting Cerific. The appeal must include relevant information and evidence to support their case.
7.3 Role of Cerific
- Facilitation and Oversight: While Cerific facilitates the credential verification process, it does not bear responsibility for the actions of issuing organizations.
- Updates to Verification Procedures: Cerific may update its verification procedures and requirements as needed to improve accuracy and efficiency, and will communicate these changes to its users.
- Dispute Resolution in Credential Verification: Disputes related to credential verification will be handled through a structured process involving the user and issuing organization. Users must provide sufficient evidence to support their claims, and organizations are required to verify credentials in good faith.
- Changes in Verification Processes: Cerific reserves the right to modify verification and credentialing procedures to enhance accuracy and efficiency. Users will be notified of significant changes through email or platform notifications.
8. Job Postings and Applications
8.1 Job Listing Standards
- Accuracy of Information: Organizations are required to ensure that all job listings posted on Cerific are accurate, complete, and up-to-date. This includes providing a truthful representation of the role, responsibilities, and qualifications required.
- Lawful Content: Job listings must comply with all applicable laws and regulations, including labor and employment laws. This includes non-discrimination in hiring practices and adherence to equal opportunity employment.
- Prohibited Content: Job listings must not contain any content that is illegal, offensive, or discriminatory. This includes but is not limited to content that promotes hate speech, harassment, or exploitation.
- Updates and Corrections: Organizations are responsible for promptly updating their job listings to reflect any changes in the job description, requirements, or application process. Inaccurate or outdated listings should be corrected or removed immediately.
- Representation and Warranties: Organizations warrant that they have the right and authority to post job listings and that the postings do not infringe upon the intellectual property rights, privacy rights, or other legal rights of any third party.
8.2 Application Process
- Application Submission: Cerific provides a platform for users to submit job applications to organizations. Users are responsible for ensuring the accuracy and completeness of their applications.
- Cerific's Role: Cerific acts as a facilitator for job applications by providing a platform for submission and communication. Cerific does not participate in the decision-making process of employment and is not responsible for the outcome of job applications or hiring decisions.
- No Guarantee of Employment: The submission of a job application through Cerific does not guarantee employment or an interview. Hiring decisions are made solely by the organizations posting the job listings.
- Confidentiality of Applications: Cerific endeavors to maintain the confidentiality of job applications. However, users acknowledge that information submitted through job applications may be accessed by the organization to which they are applying.
- Non-Discrimination: Cerific is committed to promoting equal opportunity and non-discrimination. Users and organizations are expected to adhere to these principles in their job applications and hiring practices.
- Feedback and Disputes: While Cerific is not responsible for the hiring decisions, users are encouraged to provide feedback about their application experience. In cases of disputes or concerns regarding the application process, users may contact Cerific for assistance, although resolution cannot be guaranteed.
9. Interactions with Other Users
9.1 User Interactions
- Nature of Interactions: Cerific provides a platform for users to connect, communicate, and engage with each other. These interactions are solely between users, and Cerific is not a party to any such interactions.
- Responsibility: You are solely responsible for your interactions with other users. Cerific does not screen users and cannot guarantee the authenticity, intentions, or conduct of any user.
- Risk Acknowledgement: You acknowledge that there are risks, including but not limited to risk of physical harm, of dealing with strangers, underage persons, or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through Cerific.
- Dispute Resolution Among Users: Cerific encourages users to resolve disputes amongst themselves. In cases where disputes escalate or cannot be resolved, users may contact Cerific for assistance, but Cerific is under no obligation to resolve or mediate such disputes.
- Limitation of Liability: Cerific shall not be liable for any damages, claims, or losses incurred by any user as a result of any user’s interactions or encounters with other users, including any damages, claims, or losses arising out of or in connection with any disputes.
9.2 Reporting Misconduct
- Reporting Obligations: If you believe that a user has acted inappropriately, such as by violating our User Agreement or engaging in illegal activities, you should immediately report such person to the appropriate authorities and to Cerific.
- How to Report: To report a user for misconduct or policy violations, use the reporting tools available on the Cerific platform or contact our support team directly with details of the incident.
- Investigation and Enforcement: Upon receiving a report, Cerific will review the matter and may take appropriate action, including, but not limited to, issuing warnings, removing content, suspending or terminating accounts, or involving law enforcement.
- Confidentiality of Reports: While Cerific maintains confidentiality regarding the reporter’s identity, we may need to disclose certain information to the relevant parties to address the issue effectively.
- Non-Retaliation: Cerific prohibits retaliation against any user who reports misconduct or participates in an investigation regarding misconduct. Any retaliation may result in immediate termination of the responsible user’s account.
9.3 Community Standards and Conduct
- Adherence to Community Standards: Users are expected to follow Cerific’s community standards, which promote respect, safety, and a positive environment for all users.
- Prohibited Behavior: Users must refrain from engaging in harassment, abuse, or any behavior that disrupts the platform’s respectful environment. This includes avoiding hate speech, discrimination, threats, and any form of bullying.
- Enforcement of Community Standards: Violations of community standards may result in actions taken by Cerific, up to and including account suspension or termination.
- Professional Conduct and Networking: Users must conduct themselves professionally in all interactions on the platform. This includes respecting others' privacy, avoiding harassment, and adhering to ethical standards of their respective professions.
10. AI Assistance and Automated Tools
10.1 Use of AI
- Description of AI Tools: Cerific employs Artificial Intelligence (AI) and machine learning tools to provide various services including, but not limited to, personalized recommendations, automated content generation (such as cover letters), and interactive assistance.
- Scope of AI Use: The AI tools are integrated across various functionalities of the platform to enhance user experience, streamline processes, and offer predictive insights.
- User Interaction with AI: Users may interact with AI features for assistance in profile optimization, job application preparation, content creation, and other activities as available on the platform.
- Continuous Improvement: The AI tools are continually updated and improved based on user interactions, feedback, and technological advancements.
10.2 No Guarantee
- Accuracy of AI-generated Content: While Cerific strives to ensure the relevance and accuracy of AI-generated content, the platform does not guarantee that such content will always be accurate, complete, or suitable for all purposes.
- Responsibility for Use: Users are responsible for reviewing and confirming the accuracy of AI-generated content before use, especially in critical applications such as job applications or profile information.
- Limitation of Liability: Cerific is not liable for any errors, omissions, or inaccuracies in AI-generated content or for any decisions made based on such content.
- User Feedback: Users are encouraged to provide feedback on AI-generated content, which helps in enhancing the accuracy and effectiveness of AI tools.
10.3 User Consent for AI Use
- Consent to AI Processing: By using Cerific's AI features, you consent to the processing of your data by AI tools in accordance with our Privacy Policy.
- Opt-out Options: Users may opt out of certain AI features, where applicable, understanding that this may limit the functionality or personalization of the services offered.
10.4 Ethical Use of AI
- Commitment to Ethical Standards: Cerific commits to ethical standards in the development and deployment of AI tools, ensuring fairness, transparency, and respect for user privacy.
- Avoidance of Bias: Efforts are made to minimize biases in AI algorithms, and regular audits are conducted to assess and rectify any potential biases.
10.5 Changes to AI Features
- Updates to AI Services: Cerific reserves the right to modify, enhance, or discontinue AI features at any time without prior notice.
- Notification of Major Changes: Significant changes to AI functionalities that materially affect user experience will be communicated to users through appropriate channels.
11. Termination and Account Cancellation
11.1 Termination Rights
- Reasons for Termination: Cerific reserves the right to terminate or suspend your account and access to the services for reasons including, but not limited to, violations of this Agreement, abusive behavior, illegal activities, providing false or misleading information, or any other conduct deemed harmful to Cerific or its users.
- Immediate Suspension for Serious Violations: In cases of severe violations, Cerific may immediately suspend your account without prior notice. Such violations include, but are not limited to, illegal activities, harassment, threats, or severe breaches of privacy.
- Account Suspension: In less severe cases, Cerific may opt to suspend your account as a preliminary measure. During suspension, access to certain functionalities will be restricted. Cerific will communicate the reasons for suspension and steps, if any, that can be taken to restore the account.
- Notification of Termination or Suspension: When your account is terminated or suspended, Cerific will attempt to notify you through your provided contact information, detailing the reasons and any applicable appeal process.
11.2 Effect of Termination
- Cessation of Access: Upon termination, you will immediately lose access to all Cerific services. This includes, but is not limited to, user profiles, networks, messages, and any content associated with your account.
- Removal of Content: Post-termination, Cerific may, at its discretion, remove or retain any content you have posted, shared, or submitted.
- Data Retention and Deletion: For legal, regulatory, and operational reasons, Cerific may retain certain data associated with your account even after termination. However, your data will be handled in accordance with our Privacy Policy and applicable laws.
- No Refunds: If you have engaged in any form of financial transactions with Cerific, such as premium services or subscriptions, you are not entitled to any refunds or credits for any partially used periods, except as required by law.
- User Responsibility Post-Termination: You remain responsible for any activity conducted through your account prior to termination.
- Reinstatement: Reinstatement of a terminated account is at the sole discretion of Cerific. A request for reinstatement can be made, but Cerific is under no obligation to agree to such a request. The decision will be based on factors including the reason for termination, corrective actions taken by the user, and compliance with Cerific policies.
12. Disclaimers and Limitations of Liability
12.1 Service "As Is"
- No Warranties: Cerific is provided on an "as is" and "as available" basis, and we expressly disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
- No Guarantee on Service Availability: We do not guarantee that the service will always be secure, uninterrupted, timely, or error-free, or that it will meet your specific requirements or expectations.
- No Responsibility for External Links: Cerific may contain links to external websites or resources; we are not responsible for the content, products, or services on or available from those websites or resources.
12.2 Limitation of Liability
- Exclusion of Certain Damages: To the fullest extent permitted by applicable law, Cerific shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
- Limitation on Amount: In no event shall the aggregate liability of Cerific for all claims relating to the services exceed the greater of [specific monetary amount] or the amount you paid Cerific, if any, in the last 12 months.
- Exclusion of Liability for User Content: Cerific assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content.
- Limitation on Legal Action: You agree that any claim or cause of action arising out of or related to the use of Cerific or the Terms must be filed within one (1) year after such claim or cause of action arose, otherwise such claim or cause of action is permanently barred.
12.3 User Responsibility
- Your Responsibility for Losses: You agree that you are solely responsible for your interactions with other Cerific users and that you bear all risks associated with the use of the service including, but not limited to, any reliance on the accuracy, completeness, or usefulness of user profiles or user content.
- Acknowledgment of User Control: You acknowledge that Cerific does not control or vet user-generated content and is not responsible for what users post, transmit, or share on the platform.
12.4 Disclaimer of Endorsement
- No Endorsement of User Content: Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Cerific.
- Limitation of Liability for Third-Party Content: Cerific is not responsible for the accuracy, legality, or content of third-party information, including user-submitted credentials or endorsements. Liability for any issues arising from such third-party content is expressly disclaimed.
12.5 Jurisdictional Limitations
- Variation by Jurisdiction: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you, depending on your jurisdiction.
13. Indemnification
13.1 Indemnity
- Scope of Indemnification: As a user of Cerific, you agree to indemnify, defend, and hold harmless Cerific, its subsidiaries, affiliates, partners, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or related to:
- Your Content: Any content you submit, post, transmit, or make available through the Cerific services.
- Your Use of Service: Your use of the Cerific platform and its services, including any activities conducted under your account or using your credentials.
- Violation of Agreement: Your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein.
- Violation of Rights: Your violation of any rights of another individual or entity, including intellectual property rights, privacy rights, and rights of publicity.
- Unlawful Conduct: Any unlawful or tortious behavior engaged in by you in connection with your use of the Cerific services.
- Procedure for Indemnification: In the event of a claim for which Cerific seeks indemnification from you:
- Notification: Cerific will provide you with prompt written notice of the claim.
- Cooperation: You will cooperate fully with Cerific in the defense of any claim.
- Defense and Settlement: Cerific reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cerific. You agree not to settle any matter without the prior written consent of Cerific.
- Limitation on Settlement: No settlement which affects the rights or obligations of Cerific may be made without Cerific’s prior written approval.
- Extent of Indemnity: This indemnification obligation will survive the termination or expiration of your use of Cerific's services and this Agreement.
14. Dispute Resolution
14.1 Governing Law
- Applicable Jurisdiction: This Agreement, and any dispute arising out of or related to it, shall be governed in all respects by the laws of [Jurisdiction], without regard to its conflict of law principles.
- Interpretation: The laws of [Jurisdiction] will be used to interpret this Agreement and apply to any disputes or claims associated with your use of Cerific, including but not limited to any claims involving Cerific, its affiliates, officers, directors, employees, agents, or licensors.
14.2 Arbitration Agreement
- Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [Location within Jurisdiction], before one arbitrator.
- Arbitration Rules: The arbitration shall be administered by [Name of Arbitration Institution], pursuant to its [Name of Rules and Procedures], as modified by this Agreement.
- Arbitrator Appointment: The arbitrator will be selected according to the rules of the aforementioned arbitration institution and must have experience in the field of software and internet law.
- Confidentiality: The arbitration proceedings and any resulting awards are to be kept confidential by both parties, except as required by law or for the purposes of enforcement or appeal.
14.3 No Class Actions
- Waiver of Class Actions: You waive any right to assert any claims against Cerific as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court to be against public policy. To be clear, both you and Cerific are giving up any right to participate in a class action or representative action with respect to a claim.
14.4 Time Limitation on Claims
- Claim Time Limit: You agree that any claim you may have arising out of or related to your relationship with Cerific must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
14.5 Opt-out of Arbitration
- Arbitration Opt-out Right: You can choose to reject this Arbitration Agreement by sending a written notice of your decision to opt-out to Cerific within 30 days of the date that you first consent to this Agreement. Your notice must be sent to the address provided in the Contact Information section of this Agreement.
14.6 Alternative Dispute Resolution
- Mediation Option: Prior to arbitration, the parties may agree to attempt to resolve the dispute through confidential, non-binding mediation. The terms of such mediation will be established by mutual agreement at that time.
14.7 Jurisdiction for Legal Disputes Not Subject to Arbitration
- Court Proceedings: If for any reason a claim proceeds in court rather than in arbitration, both you and Cerific agree that the dispute will be brought exclusively in the courts located in [Jurisdiction], and both parties consent to the jurisdiction and venue of such courts.
15. Miscellaneous
15.1 Entire Agreement
- This Agreement, along with any other legal notices or terms provided in connection with the Cerific service, constitutes the entire agreement between you and Cerific regarding your use of the service.
- This Agreement supersedes any prior agreements or understandings between you and Cerific, whether written or oral, relating to its subject matter.
- Any amendments or modifications to this Agreement must be in writing and expressly acknowledged by both parties.
15.2 Severability
- If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
- In the event of the invalidity of any provision, both parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
- Cerific and the user agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
15.3 Waiver
- The failure of Cerific to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
- Any waiver of any provision of this Agreement will be effective only if in writing and signed by Cerific.
15.4 Assignment
- You may not assign or transfer this Agreement, by operation of law or otherwise, without Cerific's prior written consent.
- Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect.
- Cerific may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
15.5 Force Majeure
- Neither party shall be liable to the other for any delay or failure to perform its obligations under this Agreement if such delay or failure arises from a cause beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, war, or government regulations.
- In the event of such a force majeure, the affected party shall notify the other party and shall use reasonable efforts to resume performance as soon as possible.
15.6 Headings
- The headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
15.7 Notices
- Any notices or other communications required or permitted under this Agreement shall be in writing and given: (i) by Cerific via email (in each case to the address that you provide) or (ii) by you to Cerific via the contact information available on the Cerific platform.
- For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
16. Contact Information
For any inquiries, concerns, or questions regarding this Agreement, or any other issues related to your use of Cerific's services, please contact us using the details provided below:
16.1 Email Contact
- General Inquiries: For general questions or concerns about this Agreement or Cerific's services, please reach out to us via email at contact@cerific.com. Our support team will aim to respond to your query promptly.
16.2 Mailing Address
- Postal Correspondence: If you need to contact us by mail for legal notices or other formal communications, please use the following address:
[...]
Please note that this address is for postal communications only and may not be suitable for customer service inquiries.
16.3 Customer Support
- Online Support: For faster resolution of common issues and questions, we encourage you to visit our online Help Center at www.cerific.com/contactus. Here, you can find frequently asked questions, user guides, and additional resources to assist with your experience on Cerific.
16.4 Feedback and Suggestions
- Feedback: Your feedback is valuable to us. If you have suggestions or feedback regarding our services or your experience on Cerific, please feel free to share them with us at feedback@cerific.com.
16.5 Emergency Contact
- Urgent Matters: In case of urgent issues related to account security, privacy breaches, or other critical concerns, please contact us immediately at emergency@cerific.com. Our dedicated team will prioritize these matters to address them as swiftly as possible.
16.6 Social Media Channels
- Social Media: You can also reach out to us and stay updated with the latest news and updates from Cerific through our official social media channels:
16.7 Feedback for Improvement
- Cerific values user feedback for continuous improvement of the platform. Users are encouraged to provide constructive feedback and suggestions via feedback@cerific.com.