Updated February 15, 2022
This Agreement is applicable to you if you represent a business entity or other organization agreeing to these terms ("Customer").
This Business Agreement (the "Agreement") is between Get ODK Inc., and its affiliate entities ("Get ODK", "ODK", "we", "us", or "our") and the business entity or other organization agreeing to these terms ("Customer"). This Agreement governs Customer's use and access to ODK's services, client software and websites ("Services").
IF CUSTOMER DOES NOT AGREE TO BE BOUND TO THESE TERMS AND THE OTHER POLICIES, AGREEMENTS AND DOCUMENTS REFERENCED HEREIN, CUSTOMER SHOULD NOT USE USE OUR SERVICES.
Compliance: Customer and its End Users must use the Services in compliance with the Acceptable Use Policy. Customer is responsible for use of the Services by its End Users. Customer will comply with laws and regulations applicable to Customer's use of the Services, if any. Customer will obtain and maintain from End Users any consents necessary to allow Administrators to engage in the activities described in this Agreement and to allow ODK to provide the Services. Customer will not store, transmit or otherwise process any information via the Services that falls within the definition of "Protected Health Information" under the HIPAA Privacy Rule (45 C.F.R. Section 164.051), unless Customer and ODK separately enter into a HIPAA Business Associate Agreement applicable to a specific Subscription as outlined on ODK's home page.
Customer will not store, transmit or otherwise process personal data of EU subjects as defined by the General Data Protection Regulation (GDPR) unless Customer and ODK separately enter into a Data Processing Agreement.
Customer is free to stop using our Services at any time. We reserve the right to suspend or terminate Customer's access to the Services with notice to Customer if: (a) Customer violates these Terms or any other agreement between Customer and ODK (including the Acceptable Use Policy), as determined by ODK in its sole discretion, (b) Customer uses the Services in a manner that could cause risk of harm or loss to us or other ODK customers or users.
If Customer is engaged in any activities described above, we may be able to provide Customer with advance notice via the email address associated with Customer's account to remedy the activity that prompted us to contact Customer and give Customer the opportunity to export Customer's Data from our Services, but we cannot guarantee that we will provide such advance notice, as we may need to terminate Customer's access to the Services immediately under certain circumstances (including those described below). If we are able to provide Customer with such advance notice and after delivery of such notice Customer fails to cease participating in such activities, we may terminate or suspend Customer's access to the Services indefinitely. For example, we won't provide Customer with advance notice prior to termination or suspension of Customer's access to the Services where: (a) Customer is in material breach of these Terms or any other agreement between Customer and ODK (except as required by any such other agreement), (b) doing so could result in legal liability or compromise our ability to provide the Services to other users, or (c) we a're prohibited from doing so by law.
Upon termination for any reason, Customer agrees to destroy all copies of the Software in Customer's possession. Upon termination for any reason, we will use commercially reasonable efforts to make Customer's Data available to Customer for export for at least a two-week period following such termination. Upon Customer's request, we will delete all data collected through Customer's application from all servers within 30 days of receiving notice.