Terms and Conditions

Last updated: June 07, 2020

Please read these terms and conditions carefully before using Companion.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device, named C9 Companion

  • Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to P.D.R. VC LIMITED LIABILITY COMPANY, 427 N Tatnall St #92059, Wilmington, Delaware 19801-2230.

  • Country refers to: Delaware, United States

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

  • Service refers to the Application.

  • Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

  • Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • You (referred to as either "you", "your", "user" or "You" in this Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

  • User Content means inputs, User Data, or other types of information provided/entered/added by the user

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

The Company collects Personal Information from Users. "Personal Information" means information that is used to identify an individual. You may be entitled under data protection laws to access and review Personal Information the Company holds related to you if you provide the necessary consent and background Information and pay any mandated fee. All such communications regarding access to Personal Information should be addressed to business@pdrvc.com.

Such inquiries should be clearly marked as "data protection queries," and you should indicate that your request is time-sensitive.

Consent and Modification

By using the Application, you agree to the terms of the Policy and our processing of Personal Information in the manner and for the purposes set forth herein. The Company reserves the right, at its sole option, to change the Policy at any time. Your continued use of the Application means you accept those changes.

By using C9, Companion or Dictation, you agree and consent to Company and its subsidiaries' and agents' transmission, collection, maintenance, processing, and use of this information, including your input data and Companion Data, to provide and improve C9.

If the Company makes any change in how Personal Information will be used, the Company will notify you by email (at the email address specified in your account), or using a notice on the Application when the change becoming effective.

Information We Collect

The Company gathers information directly provided by Users as part of using the Application, such as information provided as part of setting up an account.

Use of Information

The Company and its subsidiaries' and agents' may use Information from Users to operate and enhance the Application and its other products. These uses include providing the You with more effective customer service; making the Application easier to use by eliminating the need for You to repeat enter the same information; performing research and analysis aimed at improving the Application and other products, services and technologies of the The Company and its subsidiaries'; automatically updating the Application; diagnosing or fixing problems with the Application ; and displaying content and advertising customized to You interests and preferences.

The Company also uses Information from Users to communicate with Users. The Company may send specific mandatory service announcements, such as welcome letters, information on technical service issues, and security announcements, or notifications. Company may also contact Users to inform them of other products or services available from the Company. In order to allow user to use The Company Services, The Company may be required to verify user identity. The Company may, directly or through third parties, use information you provide to get a credit report or to verify information you provide through certain sources or third party databases. The Company may also use user information to verify user identity in the event user contact us for assistance with the Site or Services.

Personal information collected by the Application may be stored and processed in the United States or any other country in which the Company or its affiliates, subsidiaries, or agents maintain facilities. By using the Application, you consent to any such transfer of information outside of your country. The Company may transfer your Personal Information to affiliated companies to store or process such data, and information on its behalf. Such information may be transferred to other countries around the world. The Company requires that these parties agree to process such information in compliance with the Policy. In particular, if you provide Personal Information, it may be transferred to and processed on computers in the U.S. and other countries.

Company does not collect any information submitted via the Application but may disclose your Personal Information or any information submitted via the Application if the Company has a good faith belief that disclosure of such information is helpful or reasonably necessary to (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce any applicable terms of service, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of the Company, our Users, yourself or the public. The P.D.R. VC LIMITED LIABILITY COMPANY may be required to uncover Personal Information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements.

Sharing of Information

The Company does not sell, rent,disclose or lease your Personal Information.

Affiliates

Company may share User Content and Information collected by the Application with businesses that are legally part of the same group as the Company, or that become part of that group ("Affiliates").

Third Party Service Providers

Company hires other companies to provide limited services on its behalf, such as providing customer support, hosting websites, processing transactions, or performing statistical analysis of its services. Those companies will be permitted to obtain only the Personal Information they need to deliver the service. They will be required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

No guarantees

While this Privacy Plicy and Terms of Condition expresses the Company's standards for protection of personally identifiable information, the Company is not in a position to guarantee that the standards will always be met. There may be factors beyond the Company control that may result in unintentional disclosure of data. the Company follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while the Company strive to use commercially acceptable means to protect user personal information, the Company cannot guarantee its absolute security and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that user "personally identifiable information" (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, the Company may notify user by email (at our sole and absolute discretion) to the last email address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigations.

Copyright

Trademarked names appear throughout this Application. Rather than use a trademark symbol with every occurrence of a trademarked name, names are used in an editorial fashion, with no intention of infringement of the respective owner's trademark. The information in this Application is distributed on an "as is" basis, without warranty. Although every precaution has been taken in the preparation of this work,neither the Application nor the Company shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the information contained in this Application.

Use of the Application

You may use the Application only on or through available devices, and you may only make personal and non-commercial use of Companion.

Uninvited Behaviors

User Content is prohibited if it

Is illegal

Is voluntary or involuntary pornography

Is sexual or suggestive content involving minors

Encourages or incites violence

Threatens, harasses, or bullies or encourages others to do so

Is personal and confidential information

Impersonates an individual or entity in a misleading or deceptive manner

Uses Hate speech that expresses hate, insult, or promotes violence towards a person or group based on something such as race, religion, sex, or sexual orientation.

Is spam

Termination

The user's rights under this Agreement will automatically terminate without notice if user fail to comply with any of its terms. In case of such termination, the Company may immediately revoke user access to Companion without refund of any fees. The Company's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

Requests for User Information

Requests for user information must be directed to P.D.R. VC LIMITED LIABILITY COMPANY, 427 N Tatnall St #92059, Wilmington, Delaware 19801-2230. The Company reviews all legal processes to ensure validity and legal sufficiency under applicable laws and regulations. This includes (but isn't limited to) the federal Stored Communications Act, 18 U.S.C. §2701, et seq. ("S.C.A.") and the California Electronic Communications Privacy Act, Cal. Penal Code § 1546, et seq. ("CalECPA").

The Company also reviews all legal processes and requests to ensure they are not objectionable for other reasons, such as requests that seek confidential or proprietary information, privileged information, or information protected from disclosure under the First Amendment to the U.S. Constitution.

All requests for user information must be tailored and accurately identify the account(s) at and the information sought. The Company cannot respond to invalid, overbroad, or vague requests.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and licence to use, reproduce, disclose, sub-licence, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: business@pdrvc.com

© P.D.R VC Limited Liability Company 2020