Cursor Privacy Policy

Last modified: March 1, 2018

Introduction  

   Cursor Data, Inc. (“ Company ”) respects your privacy and are committed to protecting it through our compliance with this policy.

   This policy describes the types of information we may collect from you or that you may provide when you visit our website at www.cursor.com and related subdomains (the “ Website ”) and when you acquire, download, install, access or use Company’s service (the “ Company Service ” and, together with the Website, the “ Services ”).  This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing such information.

   This policy applies to information we collect:

  • On the Website.
  • In email and other electronic messages between you and this Website.
  • Through applications you download from this Website and cloud software you access as part of the Company Service.

  It does not apply to information collected by:

  • Us outside of our Services or through any other means, including on any other website operated by any third party; or
  • Any third party, including through any application or content that may link to or be accessible from or on the Website.

   Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using the Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

What information do we collect from users of the Services, and how do we use it?

Registration

Before you can use the Services, we will ask that you set up an account by providing us with your email address, name, and password. Your email address is used to verify the Organization (users with the same root email domain) you work for and identification purposes. It will also be used to communicate with you regarding your account, updates to the Services, and activity within the Services. If you would prefer not to be notified about any of the items in the previous sentence, please email us at registration@cursor.com .  We may keep all of this information indefinitely.

The Services enable individuals (“ Users ”) of an organization (each, an “ Organization ”) to share queries and associated data analyses with other authorized Users of the same Organization, and to access, manipulate and collaborate on the queries and data analyses shared by such other Users of such Organization.

Your Profile

When available, you may also set up your profile on the Services and submit certain information to be displayed on your profile. This may include a photo of you, a short bio, and other information that you think other Users might want to know about you. Please keep in mind that all information that you submit for display in your profile, including any personal information, will be viewable by other Users of the Services. We may use this information to facilitate the Services, such as to suggest that other users follow you on the Services based on the information you provide. You can add or remove personal information from your profile on the Services in the “Settings” section of your dashboard. We may keep this information indefinitely.

Your Data Postings, Comments and Other Work

If you access or use the Services, you may upload data to the Services or post various queries, comments, analyses and other content on the data or work made available on the Services by other users. Please keep in mind that all such content that you provide to the Services (“ User Content ”), including any personal or otherwise sensitive or confidential information about you or others included in User Content, will be viewable by other registered Users of the Company Service. We use User Content and any personal information contained in it to facilitate the Services.

Usage Data and Cookies

We collect certain statistical data, analytics, trends and usage information derived from your use of the Services. We collect some of this information through the use of cookies.  A “cookie” is a small piece of data that a website stores on a visitor's computer, and then the visitor's browser provides to the website each time the visitor returns. Cookies are intended to make using the Services easier by, among other things, saving your preferences for you. We use cookies to record information about your session which may include your IP address, browser and device type, and which pages you access on the Website. You may be able to change the preferences in your browser or device to prevent or limit your device's acceptance of cookies, but this may prevent you from taking advantage of some of our features. We may use this data in aggregate form to help diagnose problems with the Website and Services, and to improve and personalize the Services. For example, we may use cookies to deliver content tailored to your interests.

Third-Party Integrated Services

We may implement certain third-party offerings in the Services, enabling such third parties to collect information about you or your online activities across different websites and over time through your use of the Services. Please note that any information collected through such integrated technologies is collected directly by these third parties for use (in part) by such third parties, subject to their own privacy practices and policies.

Third parties may collect personally identifiable information about your online activities over time and across different Internet services when you use the Services.

Correspondence

If you correspond with us via email, we may gather in a file specific to you the information that you submit. This includes information provided for support purposes. We may keep this information indefinitely.

To whom does Company disclose information about you that we collect through the Services?

We may disclose personal or other information collected about you through the Services either (i) when we have your permission or (ii) in any of the following situations without your permission:

  • In furtherance of providing the Services, Company may disclose certain information collected about you through the Services to other users of the Services authorized to receive such information.
  • We may disclose information that we collect about you to our affiliates, and to third-party contractors who perform services for Company in connection with the Services or to complete or confirm a transaction that you conduct with us.
  • As noted, information about you collected by third-party services integrated with the Services will be disclosed to such third parties.
  • We may disclose aggregated data or anonymized data about you and other users without restriction. In these situations, we do not disclose to these entities any information that could be used to personally identify you.
  • We may disclose information about you as part of a merger, acquisition or other sale or transfer of all or substantially all of Company's assets or business. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all terms of this Privacy Policy.
  • We may disclose information about you to the government or to third parties under certain circumstances when legally obligated to do so, such as in connection with suspected illegal activity in connection with the Services, or to respond to a subpoena, court order or other legal process. We reserve the right to release information collected through the Services to law enforcement, public authorities or other government officials, as we, in our sole discretion, deem necessary or appropriate, including to meet national security requirements.
  • We may disclose any information that we believe is necessary to enforce or apply our Terms of Services and other agreements; or to protect the rights, property, or safety of Company, our employees, our users, or others.

Is information transferred internationally?

We are a business based in the United States, and we may transfer data globally to be processed by us or our service providers in order to provide the Services to you or for such other purposes as set forth in this policy. If you are not a resident of the U.S., you hereby consent and agree that we may collect, process, use, and store your information, as discussed in this policy, outside your resident jurisdiction. Please be aware that United States law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country.

What security measures do we employ for information about you collected through the Services or this Website?

To help protect the privacy of data we collect through the Services, we employ measures intended to be consistent with industry standards for security and encryption in data transmission and storage. However, you should keep in mind that the Services are run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control.

We process payments securely using an industry-accepted payment gateway, and do not store any billing information on our own servers.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

How can you correct, update or make choices regarding the information about you that is stored by Company?

You may correct or update information that we collect about you by managing your account on the Services in the Settings section. This includes the addition or removal of personal information (except your name, email address, username and password, which we require of all users to maintain their accounts), as well as preferences for the types of communications you receive from us. You may also access the information Company holds on you by contacting us at support@cursor.com .

For our records, we may retain original and updated information for reasons such as technical constraints, dispute resolution, compliance with laws, fraud prevention, troubleshooting and agreement enforcement. In addition, we are not responsible for updating or removing any information about you collected through the Website or the Services already disclosed to third parties who have been provided information as described in this Privacy Policy.

At this time, Company does not support “Do Not Track” preferences that may be available in your browser for letting websites know that you do not want them collecting certain kinds of information. Specifically, if you turn on the Do Not Track setting on your browser, the Services are not currently capable of following whatever Do Not Track preferences you set. For more information about Do Not Track, visit donottrack.us.

What are the policies of linked websites and other third parties?

This Privacy Policy only addresses the use and disclosure of information collected from you by Company through the Services. You should be aware that when you are using the Services, you may be directed to other websites that are beyond our control or be interfacing with third-party integrated services. We would expect most, if not all, of these third parties will collect information about you when you use their offerings. However, Company is not responsible for the privacy practices of third parties, regardless whether they are linked or otherwise connected to the Services. We encourage you to read the posted privacy policy whenever interacting with any third-party website or other offering.

What is our policy on children users of the Services?

The Services are offered and available to users who are 18 years of age or older.  The Services are not directed to children under 13. If you learn that your minor child has provided us with personal information without your consent, please contact us as support@cursor.com .

Your California Privacy Rights  

California Civil Code Section § 1798.83 permits users of our Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@cursor.com .

What law governs my use of the Services?

By choosing to use the Services or otherwise provide information to Company, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of Delaware. You also agree to abide by any limitation on damages contained in our Terms of Services or other agreement that we have with you. This does not prevent consumers in the European Union from bringing a claim to enforce their consumer rights in relation to this Policy in their local courts.

What are the terms regarding any future changes to this Privacy Policy?

Company reserves the right to update or modify this Privacy Policy from time to time, with any such changes to be effective prospectively. Please visit this page periodically so that you will be apprised of any such changes. Your continued use of the Services after any modification to this Privacy Policy will constitute your acceptance of such modification.

How can you contact us with any questions or concerns?

If you have any concerns or complaints about this Privacy Policy or our privacy practices, please contact us at Cursor Data, Inc., 33 New Montgomery Street, Suite 1500, San Francisco, California 94105 and we will work with you towards a resolution. If you have any questions or need to reach us for any other reason, you may contact us by e-mail at support@cursor.com .

Cursor Terms of Use

Last Modified: March 1, 2018

Acceptance of these Terms of Use  

   These terms of use are entered into by and between you and Cursor Data, Inc. (“ Company ”, “ we ”, or “ us ”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “ Terms of Use ”), govern your interaction with Company when you visit our website (and related subdomains) at www.cursor.com as a guest or a registered user (the “ Website ”) and when you acquire, download, install, access or use Company’s service (the “ Company Service ” and, together with the Website, the “ Services ”) made available by Company.  Company may from time to time offer other services for a fee, with additional features and functionality, that will be on separate terms and conditions.

   Please read these Terms of Use carefully before you start to use the Services. By accessing the Website or by clicking to accept or agree to the Terms of Use when accessing the Company Service, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.cursor.com/legal , incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

   The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Binding Arbitration

  These Terms of Use provide that all disputes between you and Company will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Arbitration for the details regarding your agreement to arbitrate any disputes with Company.

Changes to these Terms of Use and Services

   We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.

   Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  Company reserves the right at any time or periodically to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Fees for the Services, if applicable, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Website.  Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

Overview of the Services

  Individuals who sign up to access to the Company Service are referred to herein as “ Users .”  Users that have verified email addresses on the same root email domain, such as user1@example.com and user2@example.com, are known to be part of the same organization (each, an “ Organization ”).  The Company Services enable Users of an Organization to (a) share queries and associated data analyses with other authorized users of the same Organization, and (b) to access, manipulate and collaborate on the queries and data analyses shared by such other users of such Organization.  All data, queries, comments, analyses or other content uploaded or created by Users is collectively referred to in these Terms of Use as “ User Content .”

  The “ Company Service ” is available for demonstration and internal business use and allows you to access Company’s desktop and cloud software components (collectively, the “ Software ”), add and access your User Content, and view User Content from other Users in the same Organization. When you sign up to access to the Company Service, you may disclose or upload your User Content using only the base functionality. You may also perform analysis on your User Content or on User Content uploaded by other Users in the same Organization.

Accessing the Services and Account Security  

   We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to Users.

   You are responsible for making all arrangements necessary for you to have access to the Services.

IF YOU SUBSCRIBE TO THE COMPANY SERVICES, YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF USE AND ACCESS THE SOFTWARE ON BEHALF OF YOUR ORGANIZATION; AND (B) YOU ARE AUTHORIZED BY YOUR ORGANIZATION TO CAPTURE AND SHARE USER CONTENT IN ORDER TO FACILITATE COLLABORATION WITH OTHER USERS FROM YOUR ORGANIZATION.

   Before you can use the Services, we will ask that you set up an account by providing us with your email address, name, and password. Your email address is used to verify the Organization (users with the same root email domain) you work for and identification purposes. It will also be used to communicate with you regarding your account, updates to the Services, and activity within the Services. If you would prefer not to be notified about any of the items in the previous sentence, please email us at support@cursor.com .  We may keep all of this information indefinitely. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy at https://www.cursor.com/legal , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

   If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 If applicable, the credentials used to access databases within your Organization (your “ Private Credentials ”) are separate and independent from the login credentials used to access the Company Service.  Your Private Credentials are kept encrypted locally on your computer and not stored or made visible to anyone else.  You agree to protect the confidentiality of your Private Credentials, and not to share or disclose your Private Credentials to any third party. You agree that your Organization is fully responsible for all activity occurring under your Private Credentials. You agree to defend, indemnify and hold Company harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Company arising out of your violation of this paragraph, or access by anyone accessing the Company Service using your Private Credentials.

   Company has the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights  

   The Services and their contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  You own your User Content.  Company has no ownership rights in or to your User Content.  You shall be responsible for your User Content as set forth in these Terms of Use. You grant Company a worldwide, royalty-free, non-exclusive, sub-licensable, transferable, perpetual and irrevocable license to use, host, store, reproduce, modify, create derivative works of, distribute, display and perform your User Content for the purpose of operating and maintaining the Services and, subject to the Privacy Policy, otherwise in connection with Company’s business, including to promote and improve the Services and develop new products and services , in each case without any compensation or obligation to you.   You also grant each User within your Organization a non-exclusive license to access your User Content through the Company Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the then-current functionality of the Company Service.   

   These Terms of Use permit you to use the Website for your personal, non-commercial use only, or, if you are a User of the Company Service, you may use the Company Service for demonstration purposes or your internal business purposes only, as applicable.  For purposes of clarity, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material or software on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own internal business use, provided you agree to be bound by our end user license agreement for such applications.
  • If you are a User of the Company Service, you may download one copy of the desktop component of the Software and you may access the cloud component of the Software.

   You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials displayed on the Services.

   If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks  

   Company name, Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

Prohibited Uses  

   You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or other identifiers associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services or expose them to liability.

   Additionally, you agree not to:

  • Disassemble, decompile or reverse engineer the Software, or permit any attempt to do the same whether undertaken by you or knowingly permitted by you.
  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

User Content

In addition to the limitations described above in “Prohibited Uses,” you agree not to upload to or otherwise make available through the Company Service any of the following:

  • Any User Content subject to copyright that is not your original work, unless you have permission from the rightful owner to post such Content and to grant Company all of the rights granted herein.
  • Any confidential or private information of any third party.
  • Any User Content that infringes or misappropriates third-party intellectual property rights, or is invasive of privacy or publicity rights.

You also agree not to do any of the following:

  • Represent or imply that you are a representative of Company or that any of your User Content is endorsed by Company.
  • Impersonate any other person or entity in your Organization, or falsely state or otherwise misrepresent yourself or your affiliation with any other person or entity in your Organization.
  • Use or attempt to use another User’s account.
  • Intimidate or harass another User of the Services.
  • Modify another online offering or service so as to suggest that it is affiliated with the Services.
  • Use the Services in a way that is not in compliance with any applicable law, rule or regulation.

User Contributions  

   The Website may contain a fully interactive demonstration component and other interactive features (collectively, “ Interactive Services ”) that allow users to post, submit, publish, or display (hereinafter, “ post ”) content or materials (collectively, “ User Contributions ”) on or through the Services.

   Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

   You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

   You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

   We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination  

   We have the right to:

  • Remove or refuse to post any User Content or User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Content or User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content or User Contribution violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Company.
  • Disclose your identity or other information about you 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 Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

You may discontinue your use of the Services at any time. In addition, you agree that Company may, without notice, at any time and for any reason terminate or suspend your access to the Company Service.  Termination of your account may further include deletion of any password and all related information, files, User Content and other content associated with or inside your account (or any part thereof).  Any suspension or termination shall be made in Company’s sole discretion and Company shall not be liable to you or any third party for any suspension or termination of your account or your access to the Company Service.  All provisions of these Terms of Use that expressly or by their nature survive termination of this Agreement will survive any termination of these Terms of Use.

   Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

   However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards  

   These content standards apply to any and all (a) User Content and use of the Company Service; and (b) User Contributions and use of Interactive Services. User Content and User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content and User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy at https://www.cursor.com/legal .
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement  

   The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded or otherwise made available on the Services infringes upon any copyright which you own or control, you may so notify us in accordance with our DMCA process at copyright@cursor.com .

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users of the Service who are deemed to be repeat infringers. Cursor may also at its sole discretion limit access to the Service or terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.

Reliance on Information Posted  

  The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

   The Services include content provided by third parties, including materials provided by other users, Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or User Content provided by any third parties.

Changes to the Website

   We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Services  

   All information we collect on the Services is subject to our Privacy Policy https://www.cursor.com/legal . By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

   If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions  

   Company is based in the state of California in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. The following provisions apply to users outside the United States: You consent to having your User Content transferred to and processed in the United States. You access the Services on your own initiative and are responsible for compliance with local laws.   If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities using the Services.

Disclaimer of Warranties  

   You understand that we cannot and do not guarantee or warrant that the Website and/or the Software will be 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR TO YOUR DOWNLOADING OF OR ACCESS TO ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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

   TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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

Limitation on Liability  

   TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR 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 SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, 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.

   THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification  

   You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use, (b) a breach of your representation and warranty regarding authority to enter into these Terms of Use on behalf of your Organization; or (c) your use of the Services, including, but not limited to, your User Content and User Contributions, any use of the Website’s Software, content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Governing Law and Jurisdiction  

   All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (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 Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

   Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, 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 waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration  

We will try work in good faith to resolve any issue you have with the Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

 Any dispute, claim or controversy arising out of or relating to the Services or these Terms of Use, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware before a panel of three neutral arbitrators, unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude Company or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

  YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

  If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Delaware.

Limitation on Time to File Claims  

   ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability  

   No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company 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 or other tribunal 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.

Entire Agreement  

   These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cursor Data, Inc. regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Your Comments and Concerns  

   This website is operated by Cursor Data, Inc., located at 33 New Montgomery St., Suite 1500, San Francisco, California 94105.

   All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: legal@cursor.com