Privacy, Mobile App Privacy and Terms of Service

Effective May 24, 2018

Purpose

Premium Quality Consulting, LLC (collectively, “PQC”, “we” or “us”) respects the privacy of its customers, business partners, and visitors to its Website (as defined below). The PQC Privacy Statement (the “Privacy Statement”) describes the information that we collect, how we obtain the information, and how we may use or disclose that information. This Privacy Statement also describes the measures we take to protect the security of the information and how individuals can contact us about our privacy practices and exercise their privacy rights. Please take the time to read this Privacy Statement and the related statements in their entirety to ensure you are fully informed. If you have any questions or concerns about our use of your personal information, please contact PQC using the contact details provided at the bottom of this Privacy Statement.

Scope

This Privacy Statement only covers our privacy practices with respect to the collection, use, and disclosure of information obtained: (i) through the PQC websites at www.pqc.coffee and www.cya.coffee (collectively, our “Website”); (ii) in connection with the use of applications downloaded to a User’s mobile device (“Mobile Applications”); and (iii) in connection with the use of our hosted software applications (the “Subscription Service”) including but not limited to Cover Your Assets (“CYA”) and related support services (“Support Services”), as well as expert services, including professional services and training (the “Expert Services”) that we provide to Customers. In this Privacy Statement, the Subscription Service, Support Services and the Expert Services are collectively referred to as the “Service.”

For the purposes of this Privacy Statement: “Customer” means any entity that purchases the Service.

“Customer Data” means the electronic data uploaded into the Subscription Service by or for Customer or its Users.

“Visitor” means a visitor of the Website.

“User” means an individual authorized by Customer to access and use the Subscription Service.

Website

How We Obtain Information

As further described below, we collect several types of information from and about our Visitors.

Information you voluntarily provide to us

• When filling out forms on our Website we collect personal information, including without limitation, name, mailing address, email address and telephone number.
• When you request further information or services from us.
• When you register to use a trial instance of the Subscription Service.
• When you report a problem with our Website.
• When you contact us.
• When you complete our surveys.
• Other information you may submit to us related to your use of our Website.

Information from third parties

PQC may collect and use information we receive from third parties in connection with your use of the Website. For instance, PQC uses a third party for reporting and analytics to measure the effectiveness of our Website and marketing efforts, and to identify areas for improvement.

Information we collect as you navigate through the Website

As you navigate through the Website, we may also collect details about your visits to our Website including, but not limited to, your IP address, usage patterns, traffic data, location data, logs and other communication data and the resources that you access, as well as information about your computer and internet connection, including your operating system and browser type.

Cookies and Other Forms of Automated Collection

We use “cookies” to help us improve our Website. A cookie is a small file stored on the hard drive of your computer. We may use cookies to obtain information about your general Internet usage and to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website.
• Speed up your searches.
• Authenticate your access to various areas of our Website.
• Recognize you when you return to our Website.
• Track when you respond to surveys.

PQC’s third parties may use JavaScript to collect IP addresses from our Visitors and our hosting provider may also collect server logs. Information gathered through these automated means may be associated with the personal information you previously submitted on our Website.

Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. You may refuse to accept cookies by activating the appropriate setting on your browser. You may also set your browser to alert you when cookies are being sent. However, if you do so, please note that some parts of our Website may then be inaccessible or function improperly.

How We Use Information Collected

We may use information that we collect about Visitors for the following purposes:

• To operate, maintain and improve our Website.
• To provide you with information, products or services that you request from us.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including without limitation, our Website Terms of Use.
• To notify you about changes to our Website or obtain any required consent.
• To allow you to participate in interactive features of our Website, when you choose to do so.
• For industry analysis, benchmarking, analytics, marketing, and other business purposes.
• To track your browsing behavior, such as the pages you visited over time.
• To contact you for marketing purposes, in accordance with your marketing preferences (for example, we may use your information to contact you to further discuss your interests in our services and products).

If you ask us to contact you about goods and services that may be of interest to you, we may use your personal information or permit selected third parties to use your personal information to contact you about such goods and services. Visitors may withdraw consent at a later time by sending us an email notice to privacy@pqc.coffee.

How We Share Information Collected

We may disclose personal information that you provide to us via this Website, to the following third parties:

• Contractors, business partners and service providers we use to support our business or who provide services on our behalf.
• In the event of merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case personal information held by us about our Visitors will be among the assets transferred to the buyer or acquirer.

We may also disclose your personal information to third parties to:

• Comply with any court order or other legal obligation.
• Enforce or apply our Website Terms of Use or terms of any other agreement.
• Protect the rights, property, or safety of PQC or others.

We do not sell, rent or trade information collected through the Website with third parties for their promotional purposes.

Legal Basis for Processing

If you are from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.

However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided in the “Contact Information” section below.

International Transfer of Data

PQC may store and process any information collected in connection with the Website in any country where we have facilities or in which we engage service providers.

If you are a visitor from the European Economic Area (“EEA”), we will protect your personal information when it is transferred outside of the EEA by:

Processing it in a territory which the European Commission has determined provides an adequate level of protection for personal information; or
Otherwise implementing appropriate safeguards to protect your personal information, including through the use of Standard Contractual Clauses or another lawful transfer mechanism approved by the European Commission.

If you require further information about our international transfers of personal information, please contact us using the contact details in the “Contact Information” section further below.

Do Not Track

While PQC attempts to honor do not track (“DNT”) instructions we receive from a Visitor’s browser, we cannot guarantee that PQC will always respond to such signals, in part, because of the lack of common industry standard for DNT technology. We continue to monitor developments in DNT technology and stay apprised of DNT industry standards as they evolve.

Your Privacy Rights

We provide you with certain choices regarding the information you provide to us. In particular:

If you wish to access, correct, update, or request deletion of your personal information, you can send us an e‑mail at privacy@pqc.coffee.

Certain jurisdictions, for example the European Economic Area, provide their residents specific privacy rights under applicable law. We will process your requests to exercise such rights, including if you object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information, in accordance with applicable data protection laws. You may send us an e‑mail at privacy@pqc.coffee or using the contact details under the “Contact Us” heading below.

In addition, if we process your personal information in reliance upon your consent, you can contact us at any time to withdraw your consent.

We will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfill your request, we may need you to provide certain information to verify your identity.

Services

How We Obtain Information

As further described below, we collect several types of information from and about our Customers and Partners in the course of providing and supporting our Service.

Customers process Customer Data in the normal course of using our Service. Our use and access of Customer Data processed is limited to providing and supporting the Service and in accordance with the definitive agreement between each Customer and PQC pursuant to which the Customer purchased access to the Subscription Service (the “Customer Agreement”).

We host and process Customer Data at the direction of and pursuant to the instructions of our Customers. We also collect several types of information from our Customers, including:

• Information and correspondence our Customers and Users submit to us in connection with Expert Services or other requests related to our Service.
• Information we receive from our business partners in connection with our Customers and Users use of the Service or in connection with services provided by our business partners on their behalf, including configuration of the Subscription Service.
• Server logs in support of the Subscription Service.

We also collect several types of information from our Customers and partners as a data controller, including:

• General information, including a Customer or Partner’s company name and address, credit card information, and the Customer or Partner representative’s contact information (“General Information”).

Quantitative data derived from our Customers and Users use of the Subscription Service, for example and without limitation, the number of active roles within a Customer’s instance. All data collected, used, and disclosed will be in aggregate form only and will not identify Customer or its Users.

Cookies

When you use the Subscription Service, we use cookies to:

• Track session state in the Subscription Service.
• Route a browser request to a specific node when multiple nodes are assigned;
• Authenticate your access to the Subscription Service.
• Recognize you when you return to the Subscription Service.

Cookies must be enabled in order to use the Subscription Service. A User may however, refuse to accept the “remember me” cookie, which will then require a User to provide their username and password to log into the Subscription Service.

How We Share Information Collected

We may disclose personal information that our Customers and Users provide to our Service, to the following third parties:

• Contractors, business partners and service providers we use to support our Service and business partners who provide services on behalf of our Customers.
• In the event of merger, acquisition, or any form of sale or transfer of some or all of our assets (including in the event of a reorganization, dissolution or liquidation), in which case personal information held by us about our Customers will be among the assets transferred to the buyer or acquirer.

We may also disclose your personal information to third parties to:

• Comply with any court order or other legal obligation.
• Enforce or apply the terms of the definitive agreement between Customer and PQC pursuant to which the Customer purchased access to the Subscription Service (the “Customer Agreement”).
• Protect the rights, property, or safety of PQC, our Customers, Users or others.

We do not share, sell, rent or trade information collected through the Service with third parties for their promotional purposes.

Customer Data

We may use Customer Data to provide the Service, including updating and maintaining the Subscription Service and providing Support and Expert Services. Notwithstanding anything else to the contrary in this Privacy Statement, we will not use, disclose, review, share, distribute, transfer or reference any Customer Data except as permitted in the Customer Agreement or as required by law.

We may use information we collect about our Customers and Partners for billing and contracting purposes.

International Transfers

PQC stores and processes Customer Data in: (i) any country where we have facilities, and (ii) any country in which we engage service providers.

For Customer Data transferred to us in the United States of America, PQC- complies with the EU‑U.S. Privacy Shield Framework and the Swiss – U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Economic Area and Switzerland to the United States. You can view a description of how we comply with the Privacy Shield Principles in our Privacy Shield Policy. To learn more about the Privacy Shield Framework, please visit the Department of Commerce’s website.

For other international transfers of personal information from the EEA, we will implement such measures as are necessary to ensure we provide appropriate safeguards for the transferred Customer Data, as agreed with our Customers.

Your Privacy Rights

Since each Customer is in control of what information, including any personal information, it collects from its Users, how that information is used and disclosed, and how that information can be changed, Users of the Subscription Service must contact the applicable Customer administrator with any inquiries about how the Customer uses and discloses personal information and how to access, rectify, correct, delete, and port personal information contained in Customer Data as well as object to or restrict the processing of personal information contained in Customer Data.

We provide you with certain choices regarding the General Information you provide to us. In particular:

To access, correct, update, or request deletion of any personal information Customer or Partner provided us as part of the General Information, please contact your account representative or PQC relationship manager to carry out these requests.

Certain jurisdictions, for example the European Economic Area, provide their residents specific privacy rights under applicable law. We will process requests to exercise such rights, including objection to and restriction of processing and requests for portability of personal information contained in General Information, in accordance with applicable data protection laws. You may send us an e‑mail at privacy@pqc.coffee or using the contact details under the “Contact Information” heading below.

We will respond to such requests in accordance with the requirements of applicable data protection laws. Please note that in order to fulfil your request, we may need you to provide certain information to verify your identity.

Mobile Applications

Without limiting the generality of this Policy, in addition to the information collected through the Website and the Service, PQC may obtain additional information through Mobile Applications that Customer or their Users download to their mobile devices (“Devices”). Mobile Applications provided by PQC may obtain or collect information from Users’ Devices in connection with the Service and are designed to interoperate with the Subscription Service; for instance, to provide a User with access to information within the Subscription Service or to provide information from a User’s Device to the Subscription Service.

Mobile Applications may access the geographic location of a User’s Device. Mobile Applications may also provide PQC with information related to Users’ use of the Mobile Applications, including information regarding Users’ Devices and OS identification, login credentials, language and time zone. Mobile Applications may also collect information regarding Users’ interaction with Mobile Applications, which PQC may use to provide and improve the Mobile Application services.

For detailed information regarding our use of Mobile Application data, please see our Mobile Applications Privacy Page.

Information accessed or obtained by the Mobile Application on a User’s Device may be accessible to the Customer and its organization, depending on the intended functionality of the Mobile Application.

Contractual terms related to a particular Mobile Application may be found in the relevant Terms of Use for that application.

General

Security Statement

PQC maintains reasonable and appropriate measures to protect the personal information obtained through the Website and in connection with the Service and Mobile Applications from loss, misuse and unauthorized access, disclosure, alteration and destruction.

The Subscription Service allows Customers to implement and configure their use of the platform and enforce their security requirements, including user access controls.

Retention

We will retain your personal information if we have a business need to do so or for as long as is needed to fulfill the purposes outlined in this Privacy Statement, unless a longer retention period is required by law (for example, to comply with applicable legal, tax or accounting requirements) or by the timeframes dictated by the Customer Agreement.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

What PQC Does About Children Visiting This Website

This website is not intended for children under the age of 13. We will not knowingly collect information from website visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online.

Third Party Websites and Applications

This Website may link to websites that are not owned or controlled by PQC. As such, this Privacy Statement does not apply to information collected on any third‑party site or by any third‑party application that may link to or be accessible from the Website. In addition, Customers and other third parties, including our business partners and consultants, may develop applications (including Mobile Applications) or provide services to you or other third parties using our Service. This Privacy Statement does not apply to information collected by Customers, our business partners and other third parties or third‑party applications (including Mobile Applications) or services, even if this information is collected using our Website or Service. This Privacy Statement also does not cover the use or disclosure of any information stored in the Subscription Service when hosted by the Customer.

Changes to Our Privacy Statement

PQC reserves the right to update or change this Privacy Statement from time to time. If we make material changes to this Privacy Statement, we will notify you through an appropriate online notice (and obtain your consent where required by applicable law). Your continued use of the Website or Service is deemed to be acceptance of any updates or changes we make to this Privacy Statement and as such, we ask that you review the Privacy Statement periodically for any updates or changes that we may have made.

Contact Information

To ask questions or comment about this Privacy Statement and our privacy practices or if you need to update, change or remove your information, contact us at: privacy@pqc.coffee.

or

PQC
Attn: Privacy
PO Box 156
Cold Spring, NY 10516

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@pqc.coffee.

This website is operated by Premium Quality Consulting., a Delaware LLC, located in Cold Spring, NY.

CYA Cover Your Assets Mobile App Privacy

Your privacy is important to Premium Quality Consulting, LLC. This document outlines the information we require to provide you with ongoing services through CYA Cover Your Assets.

What information we use and how we use it:

1. Read phone status and identity – CYA does not access or collect this information.
2. Read your text messages (SMS or MMS) – CYA does not access or collect this information.
3. Take pictures and videos – CYA allows a user to assign an image to an asset or location. Images can be captured with the device camera or uploaded from existing images.
4. Location information – CYA utilizes the GPS position of the mobile device to record where barcode scans are performed.
5. Read calendar events – CYA does not access or collect this information.
6. Find additional user accounts, such as Facebook or Google, on the devices – CYA does not access or collect this information.
7. Read Google or ICIS service configuration – CYA does not access or collect this information.
8. Change network connectivity – CYA does not access or collect this information.
9. Connect and disconnect from Wi-Fi – CYA does not access or collect this information.
10. Full network access – CYA requires access to the internet to display and update data stored in the cloud. Data will be transmitted via the current user established Wi-Fi connection or the default mobile device data plan.
11. View network connections – CYA does not access or collect this information.
12. View Wi-Fi connections – CYA does not access or collect this information.
13. Access Bluetooth settings – CYA does not access or collect this information.
14. Close other apps – CYA does not access or collect this information.
15. Retrieve running apps – CYA does not access or collect this information.
16. Draw over other apps – CYA does not access or collect this information.
17. Control vibration – CYA does not access or collect this information.
18. Measure app storage space – CYA does not access or collect this information.
19. Modify system settings – CYA will initially request access to the device location and camera service settings.
20. Read Home settings and shortcuts – CYA does not access or collect this information.
21. Device & app history – CYA does not access or collect this information.

CYA Cover Your Assets® Terms of Use

1. Acceptance of the Terms of UseThe following terms and conditions, together with any referenced documents (collectively, “Terms of Use”) form a legal agreement between you and your employer, employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively, “you” and “your”), and Premium Quality Consulting LLC (“PQC,” “we,” “us” and “our”). The Terms of Use apply to the trial services available on the CYA Cover Your Assets (“CYA”) website and/or related cellular phone application where these Terms of Use are presented, including any PQC Intellectual Property (as defined below) therein (the “Trial Website and Application”).

   By accessing or using the Trial Website and Application, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent that you have read and understood, and agree to be bound by these Terms of Use. If you do not agree to and accept these Terms of Use, you may not install or use the Trial Website and Application and must delete them from any phones or other devices.

   Personally identifiable information collected about you by this Trial Website and Application is treated in accordance with our Privacy Policy, which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must accept these Terms of Use or you may not access the Trial Website and Application.

   Access

   We reserve the right to terminate or modify the Trial Website and Application in whole or in part, in any manner in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Trial Website and Application is unavailable at any time or for any period. From time to time, we may restrict access to all or part of the Trial Website and Application to a subset of permitted users. You are solely responsible for making all arrangements necessary for you to access the Trial Website and Application.

   You shall use the Trial Website and Application exclusively to test and evaluate the CYA product and service, and you shall access it only through the registration portal, regardless of any previous registration or access. To access portions of the Trial Website, Application or certain resources, you may be asked to provide certain registration details or other information. It is a condition of your use of the Trial Website and Application, and you hereby represent and warrant, that all information you provide is correct, current and complete. You must logout from the Trial Website and Application at the end of each session. You agree that you are solely responsible to us for all activities identified with your access and registration. PQC has the absolute right to disable any user name or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

2. Prohibited Uses

   You agree not to access or use (and shall not permit others to access or use) the Trial Website and Application or PQC Intellectual Property in any manner:

   Other than for product evaluation purposes (specifically excluding product demonstration, development, or any production or commercial purposes).

   To process, use, transmit or introduce any confidential or sensitive information of any kind, including personally identifiable information, sensitive personal data, health information of any kind, or factual data regarding your employees or third data, and particularly excluding: (1) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or subject to the Health Information Technology for Economic and Clinical Health (HITECH) Act; or (2) non‑public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.

   To license, sub‑license, sell, re‑sell, rent, lease, transfer, distribute or time share or otherwise make them available for access by third parties.

   To disassemble, reverse engineer, decompile or modify them or otherwise create derivative works of them.

   To access them for the purpose of developing a product or service that competes with a PQC Product.

   To use them to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or engage in any other malicious act.

   To disrupt their security, integrity or operation.

   To remove or modify a copyright or other proprietary rights notice in them.

   To use them to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including the rights of publicity or privacy) without first obtaining the permission of the owner.

   To use them to damage the property of another.

   That violates any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.

   That temporarily or permanently alters, erases, removes, copies, modifies, halts or disables any PQC or third party data, software or network.

   That violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or PQC, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the Privacy Policy.

   To transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

   To monitor or attempt to gain unauthorized access to: (1) an account, phone or computer not belonging to you; (2) any data, information or communications on any network or system not owned by you, without authorization; (3) any system or network user accounts or passwords of other users, without authorization; or (4) e‑mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).

   That is false, deceptive, misleading or fraudulent, including but not limited to: (1) any attempt to impersonate any person or entity, including any other user, PQC or a PQC employee; (2) to misrepresent your identity or affiliation with any person or organization; and (3) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.

   To monitor or copy materials on the Trial Website and Application for any unauthorized purpose or access the Trial Website via any automatic device, process or means of access such as a robot or spider.

   That may have a detrimental effect on the Trial Website and Application’s function, user interaction or security, including but not limited to: (1) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (2) attempting to intercept, redirect or otherwise interfere with communications intended for others; (3) disabling, damaging overburdening or impairing the Trial Website, Application or any server, computer, phone, or database connected to or accessed by the Trial Website and Application; (4) modifying, blocking or otherwise interfering with the display of the Trial Website and Application; (5) interfering with another user’s ability to access, use and enjoy the Trial Website and Application; (6) accessing another user’s registration information or user account without that user’s express written permission; (7) transmitting or introducing any malicious or technologically harmful element to the Trial Website and Application such as a spyware program, virus, Trojan horse, worm or logic bomb; (8) performing, without PQC’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Trial Website and Application; and (9) engaging in any activities that results in any server being the target of a denial of service attack.

   Notification of Violation

   If you become aware of any violation of these Terms of Use by any person, including other users or third parties, you shall immediately notify PQC via e‑mail to ja@pqc.coffee.

3. Intellectual Property

   As between you and PQC, all rights, title and interest in and to all the intellectual property rights in the PQC Intellectual Property are owned exclusively by PQC and its licensors, notwithstanding any other provision in these Terms of Use or any other agreement. The PQC Intellectual Property is protected by United States and international laws regarding copyrights, trademarks, trade secrets and other intellectual property or proprietary rights. As used herein, “PQC Intellectual Property” means the information, text, displays, images, video, audio, and user interfaces included in or generated by the Trial Website and Application, and the design, selection and arrangement thereof, as well as the technology that is used by PQC to deliver the Trial Website and Application, including: (a) software code (whether in source or object form) including platforms and applications, hardware, algorithms, templates, graphical user interfaces, architectures, class libraries, application programming interfaces, objects, methodologies, and documentation (both printed and electronic) in existence as of the Effective Date or otherwise acquired or developed by PQC apart from the services rendered under these Terms of Use; and (b) any derivative works, improvements, enhancements or extensions of the foregoing made by ether you or PQC. Except as expressly provided in this Agreement, PQC does not grant you (and expressly reserves) any rights, express or implied, or ownership in the PQC Intellectual Property. No right, title or interest in or to the Trial Website and Application is transferred to you. PQC reserves all rights not expressly granted to you herein. You hereby grant to PQC a royalty‑free, fully‑paid, non‑exclusive, non‑transferable, sub‑licensable, worldwide right to use: (a) electronic data uploaded or processed by you to the Trial Website and Application; and (b) any software, methodologies, templates, business processes, documentation or other material authored, invented or otherwise created by you using or for use with the PQC Intellectual Property provided by you to PQC solely to provide the Trial Website and Application. Any use of the Trial Website and Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. You are permitted to use the Trial Website and Application only for legitimate business purposes related to your role as a current or prospective customer, supplier or partner of PQC. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any PQC Intellectual Property without PQC’s express prior written consent or except as expressly provided in these Terms of Use.

   PQC Trademarks

   PQC, the “CYA” family of marks, and all related, logos, product and service names, designs and slogans are trademarks or service marks of PQC or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

4. Monitoring, Enforcement and Feedback

   PQC has the right but not the obligation to:

   Terminate your access to all or part of the Trial Website and Application for any reason or no reason, in our sole discretion, including without limitation any violation of these Terms of Use or the Privacy Policy.Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

   Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Trial Website and Application.

   Without limiting the foregoing, PQC has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone including any materials on or through the Trial Website and Application. YOU WAIVE AND HOLD PQC HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PQC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PQC OR LAW ENFORCEMENT AUTHORITIES.

   Feedback & Suggestions

   Direct feedback, comments, suggestions, requests for support and other communications relating to the Trial Website to: info@cya.coffee. PQC shall have a royalty‑free, worldwide, non‑exclusive, transferable, sub‑licensable, irrevocable, perpetual right and license to make, use, sell, offer for sale, import or otherwise incorporate for any purpose, any feedback, and suggestions for improvements or enhancements to the Trial Website and Application and PQC’s products.

5. Legal Considerations

   Regional Legal Considerations

   The owner of the Trial Website and Application is based in the state of New York in the United States. The Trial Website and Application can be accessed from countries around the world. Access to the Trial Website and Application may not be legal by certain persons or in certain countries. If you access the Trial Website and Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Access to the Trial Website and Application from territories where the Trial Website and Application or any of its services or products are illegal is prohibited. You acknowledge that you remain responsible at all times for your compliance with U.S. and all applicable export and related statutes and regulations.

   Disclaimer of Warranties

   PQC cannot and does not promise or warrant that any aspect of the Trial Website and Application is free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti‑virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data or information relevant to your use of the Trial Website and Application, including keeping manual records of any input. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL‑OF‑SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR CELLULAR PHONE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE TRIAL WEBSITE AND APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TRIAL WEBSITE AND APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

   YOUR USE OF THE TRIAL WEBSITE AND APPLICATION, INCLUDING ANY WEBSITE CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH

   THE TRIAL WEBSITE AND APPLICATION, IS AT YOUR OWN RISK AND PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PQC NOR ANY PERSON ASSOCIATED WITH PQC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TRIAL WEBSITE AND APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER PQC NOR ANYONE ASSOCIATED WITH PQC REPRESENTS OR WARRANTS THAT THE TRIAL WEBSITE AND APPLICATION WILL BE ACCURATE, RELIABLE, ERROR‑FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE, APPLICATION, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE TRIAL WEBSITE AND APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE TRIAL WEBSITE AND APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

   PQC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE TRIAL WEBSITE, APPLICATION, AND THE WEBSITE AND APPLICATION CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

   THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

   Limitation of Liability

   EXCEPT TO THE EXTENT THAT A DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL PQC, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE TRIAL WEBSITE AND APPLICATION, INCLUDING ANY WEBSITE AND APPLICATION CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

   Indemnification

   You agree to defend, indemnify and hold PQC, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and other costs of defense) resulting from your violation of these Terms of Use or your use of the Trial Website and Application, including, without limitation, any use of the Trial Website and Application’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Trial Website and Application.

   Governing Law and Jurisdiction

   These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non‑contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York in the United States without giving effect to any choice or conflict of laws provision or rule (whether of the State of New York or any other jurisdiction).

   Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Trial Website and Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the State of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You hereby irrevocably waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

   Export Restrictions

   You may not access, download, use or export materials posted to the Trial Website and Application in violation of U.S. export laws or regulations, including the Export Administration Regulations (EAR), or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.

   Waiver and Severability

   No waiver of these Terms of Use by PQC shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of PQC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

   If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

   Third Party Beneficiaries

   There are no third‑party beneficiaries to this agreement.

   Term and Termination

   This Agreement shall commence on the date that you register to utilize the Trial Website and Application and, unless terminated earlier, shall automatically terminate upon the completion of the evaluation period, the length of which is thirty days. We may, in our sole discretion, extend the term of these Terms of Use by giving you written notice which permits further use of the Trial Website and Application for a period of time determined by us. PQC may terminate these Terms of Use at any time for any reason by giving you written notice, and all licenses, permissions and other rights granted to you hereunder shall immediately terminate. Notwithstanding the termination of this Agreement for any reason, Sections 3 and 5 herein shall survive.

   Entire Agreement

   The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and PQC with respect to the Trial Website and Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Trial Website and Application. For the avoidance of doubt, these Terms of Use do not supersede any Master Ordering Agreement, subscription agreement or other agreement pursuant to which you have been granted the right to use or access a PQC product or service, including the CYA Production Website and Application. If you choose to subscribe to the CYA Production Website and Application, PQC will use commercially reasonable efforts to utilize your data and information already resident in the Trial Website and Application. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Trial Website and Application following the posting of changes will mean that you accept and agree to the changes.

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