Assembly Software Terms of Service Agreement
This Terms of Service Agreement (“TOS”) is entered into by and between Assembly Software LLC dba Needles and TrialWorks (“Assembly Software” or “Company”) and the customer reflected in the Order Form or otherwise identified in the online registration associated with your account (hereinafter “you” or “Customer”).
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE BEFORE PURCHASING OR USING ANY ASSEMBLY SOFTWARE SERVICES. THIS TERMS OF SERVICE AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND ASSEMBLY SOFTWARE. BY USING THE COMPANY’S SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS WITH REGARD TO SUCH SERVICES. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SERVICES AND ON WHOSE BEHALF THE SERVICES ARE USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. OUR SOFTWARE LICENSE AGREEMENT ALSO APPLIES IF YOU ARE USING WEB-BASED SOFTWARE. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE SERVICES.
Section 10.3 includes a binding arbitration clause and waivers of the right to a jury trial or class action. This provision affects your rights to resolve disputes with Company and you should review it carefully.
Assembly Software LLC (“Assembly Software”, “we” or “us”) provides software and services to enable law firm, corporate, government, and other customers (“Customers”) to manage their cases and businesses.
In order to use our software and services, you may be required to provide certain personal and other information. We may store such information to provide you continued services. We may also store any content that you upload in order to make it available to you through our software and/or services.
The information we collect and/or store may be anonymous or information that is personally identifiable.
Anonymous Information is any information that cannot be tied back to a specific individual (including aggregated information). For instance, we may collect information about how many users access our Software per day. We may also collect aggregated statistics, such as the number of cases all of our Customers have opened over a certain time period. Like most software providers, we automatically collect certain information, such as information relating to your technology infrastructure. This information, which doesn’t identify individual users, helps us to analyze the usage of our software for purposes of improving our product or may be used to improve our software and/or service offerings. We may link some of this automatically-collected data to certain Personally Identifiable Information.
Personally Identifiable Information is information that specifically identifies who one is, such as one’s name, phone number, or address. We may collect such information in the ordinary course of our business, including to allow us to personalize our software or to perform certain services, or by virtue of you permitting access to your systems and/or databases for purposes of providing technical support.
Access to our software is limited to those users authorized by each Customer. We do not access the content you enter into the software except in the following ways: (i) to provide technical support as requested or required; (ii) as compelled by a legal or regulatory authority; or (iii) on an aggregated, non-personally identifiable basis.
Some Personally Identifiable Information may also be provided to contractors and third parties who assist us in providing our software and services, but who may make no use of any such information other than to assist us in providing our software and services. We do not rent or sell Personally Identifiable Information to third parties.
We may disclose aggregate statistics as a measure of interest in and/or use of our software and/or services, to third parties in the form of aggregate data, such as overall patterns or reports that do not describe or identify any individual Customer.
We use personal information primarily for the purposes of account set-up, monitoring, modifications, upgrades, and communications related to our software and services. We may use your email address, mailing address, and/or telephone number to contact you or to send you information regarding our software and/or services, and/or to respond to inbound inquiries from you.
We may retain an archived copy of your records as required by law or for reasonable business purposes.
We operate or lease secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our Customers. Notwithstanding such measures, Assembly Software cannot guarantee that its security measures will prevent its computers from being illegally accessed, and the individual information on them stolen or altered.
Assembly Software may also use certain third-party vendors to provide telecommunication, data hosting, data storage, or related services. Such vendors may store your Personally Identifiable Information. ASSEMBLY SOFTWARE SHALL NOT BE RESPONSIBLE OR LIABLE, AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY, FOR CULPABLE (INCLUDING WITHOUT LIMITATION NEGLIGENT) ACTS OR OMISSIONS BY ITS THIRD-PARTY SUPPLIERS/VENDORS.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computers or devices and browsers by signing off after you have finished accessing your account.
Assembly Software endeavors to provide a HIPAA-compliant solution for data storage. Our data center partner and our public cloud provider support HIPAA compliance and employ appropriate physical and technical safeguards. Neither Assembly Software nor its partners, suppliers, or vendors shall have any liability whatsoever if the data storage solution shall be deemed to be non-compliant, and no representation or warranty is made in connection therewith.
Assembly Software reserves the right to use or disclose your Personally Identifiable Information and other information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with us. Unless otherwise prohibited by law, we will notify you promptly in the event that we receive a subpoena or other legal process seeking access to your data.
Assembly Software may disclose or transfer your Personally Identifiable Information to our affiliated companies. We may also disclose and transfer your Personally Identifiable Information and other information in the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets as well as in the event of a bankruptcy, assignment for the benefit of creditors, or receivership. You may be notified thereafter via press release or prominent notice on our website(s) for 30 days of any such change in ownership or control of your personal information.
To the extent that you are accessing our software or services in the United States while domiciled outside of the United States, you acknowledge that the Personally Identifiable Information you are providing us may be collected and stored in the United States and elsewhere and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.