Terms of Service & Privacy

Terms of service

Last Updated: February 2022

General

These General Terms apply generally to the use of the service Poised (the "Service" or “Poised”), and constitute a contract between you and the company Poised ("The Company"). These terms govern your access to and use of the Poised application and website (the "Service"), and any video, sound, text, graphics, or other materials sent, received, stored or otherwise appearing in the Service (collectively referred to as "Content"). Parts of the Service may display Content that is not Poised's (“User Content”). Such content is the sole responsibility of the person or entity that has made it available. When "Content" is used in this document, it refers to both content provided by Poised and User Content collectively, unless otherwise specified.

Where applicable, "The Company" shall also be understood as a reference to affiliates, suppliers, partners and other third parties Poised may engage or otherwise cooperate with in connection with the Service.

By using Poised you agree to these General Terms and the Privacy Policy (collectively referred to as "Terms"). Please read them carefully. If you don’t agree to the Terms, you can’t use Poised.

We may change these Terms at any time. If a change is material, we’ll let you know before it takes effect provided that we have your correct email address. By using Poised on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the Service and Content will be subject to the new Terms.

Age limitation

Poised is only for people 21 or older if they are residing in the United States, and 18 or older if they are residing anywhere else. By using Poised, you affirm that you are over the age limit effective for your country of residence. If we learn that someone under the minimum allowed age is using Poised, we’ll terminate their account. For use in educational or other settings, contact us.

Restrictions on Content and Use of the Service

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.

We reserve the right to report illegal activity to applicable local authorities.

Prohibited User Content includes, without limitation, content which:

is offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
displays or links to pornographic, sexually explicit or any other indecent material;
promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's copyrighted work;
infringes on other’s trademarks, copyright or legal rights
contains restricted or password only access pages or hidden pages or images;
solicits passwords or personal data from other users; or
violates the rights of or harms or threatens the safety of other users or the Service.
shares Personal information about others, without their consent

Any use or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that have been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content generated or made available via the Service.

We give you a personal, limited, worldwide, royalty-free, non-assignable, non-sublicensable and non-exclusive license to use the software that is provided to you by us as part of the Service for your personal or business use. This license is for the sole purpose of enabling you to use the Service as provided by us, subject to these Terms.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Service, our internal computer systems including technical delivery systems of our subcontractors used to provide the Service; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service or its users.

The Service may contain cryptographic functionality where the export of such could be restricted under applicable export control laws. You shall not export or re-export the Service or parts of it in violation of such laws or regulations.

Service Fees

Payment processing services for Poised, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) and are subject to the Stripe Services Agreement — United States (“Stripe Services Agreement”). By agreeing to these terms and continuing to use Poised you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Poised enabling payment processing services through Stripe, you agree to provide Poised accurate and complete information about you, and you authorize Poised to share with Stripe Inc. this information and transaction information related to your use of the payment processing services provided by Stripe.

You are responsible for paying any Service Fees that you owe to Poised. The applicable Service Fees (including any applicable Taxes) are collected by Stripe on behalf of Poised. Except as otherwise provided on the Poised platform, Service Fees are non-refundable.

Privacy and Personal Data

When delivering the Service, Poised will collect and process personal data about you and your use of the Service. By using the Service, you agree that Poised can use your personal data in accordance with our Privacy Policy and in accordance with the consents you have given us. The Privacy Policy is available on this page.

Poised will comply with US privacy regulations.

Termination

You may stop using our Service, by contacting Poised at poisedvip2020@gmail.com, and requesting account deletion. You may terminate your subscription at any time. The Company reserves the right to terminate the Service and the agreement with you with immediate effect upon written notice to you. No users are entitled to refunds upon termination due to breach of these Terms.

Miscellaneous

Disclaimer of warranty. Poised provides the Service to you "as is". You acknowledge that the Service is not error-free. You use it at your own risk and discretion. That means the Service doesn’t come with any warranty. None express, none implied. The service will be continually developed, and you acknowledge that changes to functionality and layout may be carried out without advance notice. Poised makes no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of the Service. Poised will from time to time have to carry out updates and maintenance of the Service, due to technical, security or operational reasons, during which time the Service might be unavailable. Poised will make reasonable efforts to arrange updates and maintenance outside of peak usage hours.

Limitation of Liability. Poised shall not be liable for any damages, whether arising under law, contract, warranty, indemnification, tort or otherwise, including, without limitation, incidental and consequential damages, loss of profits or business opportunities, or damages resulting from loss of data or loss of access to the Service.

Indemnity. You agree to indemnify, defend and hold harmless Poised and its partners from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in breach of the Terms or applicable laws. Poised reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall cooperate in good faith with Poised in asserting any available defenses.

Partial invalidity. If any provision of the Terms is declared invalid or unenforceable by a court or other binding authority, the remaining terms (or parts), conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Force majeure. Force Majeure means any circumstances beyond the reasonable control of either party, including, without limitation, fire, explosion, strikes or other labor disputes, riots or other civil disturbances, voluntary or involuntary compliance with any law, order regulation, recommendation or request of any governmental authority, and errors or downtime in networks, power supply, gateway or similar failures of communication. Neither party will have any liability, other than for the payment of money owing, for their failure to perform any of their contractual obligations arising out of or in connection with events of force majeure.

Assignment. Poised is entitled, in whole or in part, to assign its rights and obligations under the Terms to a third party at its own discretion.

Choice of Law and Dispute Resolution. The Terms shall be governed by and interpreted in accordance with United States law. Any dispute, controversy or claim arising out of or in connection with the Terms shall be subject to the jurisdiction of the United States courts.

Introduction

This policy describes what information we collect when you use Poised's sites, services, mobile applications, products, and content (“Services”). It also provides information about how we store, transfer, use, and delete that information, and what choices you have with respect to the information.

This policy applies where we are acting as a Data Controller with respect to the personal data of Users of our Services; in other words, where we determine the purposes and means of the processing of that personal data. For content and data that you upload to or make available through the Service (“User Content”), you are responsible for ensuring this content is in accordance with our Terms of Service, and that the content is not violating other Users’ privacy.

How we collect, process and store information

At Poised, we are committed to safeguarding the privacy of our Users. We will only collect and process information that we need to deliver the service to you, and to continue to maintain and develop the service.

Poised may collect, store and process various kinds of data, with different legal grounds, as listed below. For the categories of data that require your consent, we will actively ask you for consent before collecting any data.

The following is a list of data we collect, process or store:

User account information. To use Poised Service, Users might have to provide a valid email address, full name, and country of residence.
Transaction information. Users of the Services might have to provide credit card information, billing email, banking information, location at the time of transaction and/or a billing address in order to complete a booking transaction.
The transaction data may be processed for the purpose of supplying the purchased services and keeping proper records of those transactions. This data may be used for the purpose of delivering the Services to you. Processing this information is required for fulfilling the contract we entered into with you, at your request (our Terms of Service). Additionally, this information needs to be retained in order to comply with accounting and tax regulation.
Usage information. When you interact with the Services, we collect and process metadata to provide additional context about the way the Service is being used. The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our server software and our analytics tracking system.

Product Analytics data. Poised logs activities by you as you interact with our websites or apps, when a page or a room is visited or where there is an conversation. We will never collect or record the content in conversations.
Technical log data. Like most digital services, our servers automatically collect information when Websites or Services are accessed or used and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited within the Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data.
Device information. Poised may collect and process information about devices used to access the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and crash data. Whether we collect and process some or all of this information depends on the type of device used and its settings.
Location information. We receive information from you and other third-parties that helps us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. Poised may also collect location information from devices in accordance with the consent process provided by your device.
The legal basis for this processing is our legitimate interests, namely using this data for the purpose of ensuring the proper administration of our website and business, analyzing the use of the website and services, monitoring and improving our website and services, improving the user experience, preventing abuse, and assisting Users with support inquiries. For information about cookies and how to opt out of cookies, see our Cookie Policy.

Customer Support Information. We may process information that you send to us, should you choose to submit a ticket to our support email. If you contact us, we may use your Account, Transaction or Usage Information to respond.
Processing this information it is required for performing the contract we entered into with you, at your request (our Terms of Service), as well as our legitimate interest of handling your requests.
Service and transactional notifications. Sometimes we’ll send you emails about your account, service changes or new policies. You can’t opt out of this type of “service or transactional” emails (unless you delete your account) as they are necessary information for the Services.
The legal grounds for processing this information is that it is required for performing our commitment about communicating changes in plans and pricing to you in the contract we entered into with you, at your request (our Terms of Service).
Correspondence information. We may process information that you choose to share with us if you participate in a focus group, contest, activity or event, apply for a job, interact with our social media accounts or otherwise communicate with Poised.
The correspondence data may be processed for the purposes of communicating with you and record-keeping.

Security and Privacy

Users can choose to use Zoom Video Communications. Video services provided by Zoom Video Communications Inc. (“Zoom”) and are subject to the Privacy and Security for Zoom Video Communications“ and "Zoom Privacy Policy". By agreeing to these terms and continuing to use Poised you agree to be bound by the Zoom Privacy Policy, as the same may be modified by Zoom from time to time.

Your rights

As an individual you are granted rights according to the applicable data protection law:

The right to access to your personal data
The right to rectification of your personal data
The right to object to and restriction of our processing of your personal data
The right to data portability.

To exercise your rights or if you otherwise have any questions regarding our processing of your personal data, we encourage you to contact us as described below. However, we also notify you that you may raise complaint to a data protection authority.

For any questions about this privacy policy, please contact poisedvip2020@gmail.com.