Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT DOWNLOAD OR USE THIS APP.

The following terms of use (the “Terms of Use”) governs your (collectively, “you”, “your”) use of the Blitz sales commission and tracking app (the “App”) provided by Sieena, Inc., dba Blitz , a Delaware Corporation (collectively referred to as the “Company, “we,” or “us”). Your use of the App is subject to and governed by that certain Sales Commission Management and Tracking ASP Agreement (“ASP Agreement” by and between Company and your employer (or if you are an independent contractor, the entity that has engaged you as a contractor (the “Customer”). Capitalized terms contained in these Terms of Use that are not otherwise defined shall have the same meanings ascribed to them in the ASP Agreement. To the extent that these Terms of use are inconsistent with the terms of the ASP Agreement, the terms of the ASP Agreement shall control.

You are considered one of the Users under the ASP Agreement. By accessing or using the App, you acknowledge your agreement to be bound by these Terms of Use.

We reserve the right to update or modify these Terms of Use at any time, and without prior notice to you. Your use of the App following such modification or update constitutes your acceptance to be bound by these Terms of Use as changed or modified. We encourage you to read through and review these Terms of Use each time you use the App.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE THE APP.

1. Definitions

“Account” means your account profile and associated Log-in Credentials.

“Admin” means the Customer designated representative who administers access to the Services for Customer’s Sales Agents and Sales Managers.

“Log-In Credentials” means user identification and password for an Account holder which is assigned by the Customer’s Admin.

“Reports” means any of the reporting and presentation features available through our App.

“App” means the iOS App access point to the Services.

“Sales Agent” means an individual sales representative who accesses the App to obtain Reports on such person’s commissions and is considered a Basic User under the ASP Agreement.

“Sales Manager” means an individual sales manager representative who accesses the App to obtain Reports on such person’s commissions as well as track commissions on all Sales Agents that work for him or her.

2. Access to Services

(a) Any User may access the Services through the App if they have valid Log-In Credentials.

(b) Our App contains a variety of commission reporting and tracking tools and Apps for Users. We make no warranty regarding the quality or availability of the App, and we reserve the right to suspend, modify or terminate access to the App at any time and without notice. You agree that Company will not be liable to you or any third party for any modification, suspension or termination of the App, including, without limitation, loss of data, commission information, personal settings or other foreseeable or unforeseeable damages related thereto.

(c) We are not responsible for any errors to commission data as all data related to your commissions is based upon data imported by the Customer’s Admin. If there are any discrepancies in commission calculations, you should consult with the appropriate Customer representative.

(d) You shall not share your Log-In Credentials with anyone. If you learn that your Log-In Credentials have been comprised, please contact your Admin immediately to reset your Log-In Credentials. Company shall not have any responsibility for lost or stolen Log-In Credentials.

3. Content

(a) You acknowledge that you are solely responsible for any Content contained in any Report you access through the App. If you are accessing any Content of a third party (i.e. Sales Managers accessing the commission reports of their Sales Agents), you shall maintain the confidentiality of such Content in accordance with the Customer’s policies. Company shall not have any obligation or duty to police your use or dissemination of Content supplied by Customer.

(b) If you are an Admin, you warrant that you are solely responsible for all Content you upload into the Service for access by Users. Company does not validate nor check any Content supplied by you.

(c) As a condition of using the App, you hereby license to us a non-exclusive, irrevocable, worldwide, royalty-free right and license to use such Content solely to render the Service. Your access and use of this App shall be construed as sufficient consideration for such license.

(d) You shall not input or use any Content through this App which violates or infringes upon any third party Intellectual Property Rights or privacy rights.

4. License

For valid Users only, we hereby grant you the limited right to use this App in accordance with these Terms of Use.

You may use the App and access the Reports lawfully and only for Permitted Uses. No other use of the Content or App is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).

5. Representations and Warranties

(a) You represent and warrant to us that:

(i) you have read or otherwise accept the conditions of our Privacy Policy, as modified from time to time by us in our sole discretion.

(ii) the Reports generated by you will be used only by you, and that no part of any Report is or will be used by any third party.

(b) You agree that you will provide accurate and complete information when prompted to do so, and that you will maintain and update such information so it remains accurate and complete.

(c) You agree that we may use the e-mail address on your Account to send you notices concerning the App and your use thereof. These notices may include information on updates to the App that may be made available from time to time on the App or information pertaining to your Account. You agree to accept all electronic communications from us at the e-mail address you provide in your Account. If your e-mail address changes, you are solely responsible for updating your Account information.

(d) You are at least the age of majority in your jurisdiction and that you possess the legal right and ability to agree to these Terms of Use.

(e) COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE APP, SERVICES, TECHNOLOGY OR CONTENT PROVIDED BY COMPANY HEREUNDER, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR ANY IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, COMPANY MAKES NO REPRESENTATION THAT THE OPERATION OR USE OF THE APP, SERVICES, TECHNOLOGY OR CONTENT PROVIDED BY COMPANY HEREUNDER WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, AND COMPANY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS, ERRORS, OR BREACHES OF SECURITY. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY THIRD PARTY SOFTWARE, TOOLS, HARDWARE, OR OTHER MATERIALS OR CONTENT WHICH MAY BE USED OR PROVIDED BY COMPANY IN THE PERFORMANCE OF SERVICES HEREUNDER, INCLUDING, WITHOUT LIMITATION THE DYNAMICS CRM LICENSE.

6. Trademarks

All of the Trademarks are Company’s registered and unregistered trademarks, its affiliates, or third parties. Nothing in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Company Marks without our express written permission or the express written permission of the applicable third party.

7. Usage Rules

We reserve the right to deny you access to any and all parts of this App and suspend or terminate your Account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the App.

(a) Unlawful Purposes. As a condition of your use of the App, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms of Use.

(b) Unsolicited Information. Our App may provide opportunities to provide us feedback regarding the App and our various offerings and other unsolicited submissions (collectively “Unsolicited Information”). You may only provide Unsolicited Information that conforms to these Terms of Use. We welcome your comments and feedback concerning the App, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information.

(c) Unauthorized access. You shall not permit any other person (other than persons otherwise authorized under these Terms of Use) to access the App using your Account for any purpose.

(d) Interference with Other’s Use. You shall not interfere with other person’s use of the App, including, without limitation, disrupting, spamming or otherwise using abusive tactics to deter others from using the App or any of its features.

(e) Harmful Code. You may not post or transmit any file to this App or the Service or to any other User which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.

(f) Content You shall not upload, enter or use any Content that would violate or infringe upon any third party’s Proprietary Rights or privacy rights, unless you have the permission of the owner of such rights.

(g) Other Prohibited Activities. You agree not to use the App (or assist or encourage others to use the App) in order to:

  1. Solicit personal information from any other person;
  2. Solicit passwords or personal identifying information for commercial or unlawful purposes from others;
  3. Impersonate another person or entity, whether or not a User of the App;
  4. Upload, post, email, transmit or otherwise make available restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  5. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels stating the origin or source of software or other Content contained on the App;
  6. vi. Attempt to sell, modify, reverse engineer, disassemble, decompile, frame, decrypt, decompile, create derivative works of or otherwise exploit for any commercial purpose the App or Service, any portions thereof (including the Content), or any of our or our affiliated organizations without our prior written consent;
  7. Do anything that may interfere with the operation of the App, including, but not limited to, hacking, spamming and flood attacking;
  8. Remove any copyright, Company Marks or other proprietary rights notices contained in or on the App;
  9. Interfere with or disrupt the App, the App or servers or networks connected to either, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
  10. Attempt to harvest, scrape, copy or otherwise collect information, or Content from the App, to retrieve or index any portion of the App or collect information about other users for any purpose not expressly authorized by Company, including, without limitation, republishing the same on a third party web sites, either manually or through any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, search/retrieval application, intelligent agents or other device);
  11. Access Content or data not intended for you, or log onto a server or Account that you are not authorized to access;
  12. Create Accounts by automated means, or under false or fraudulent pretenses; or provide false, misleading or inaccurate information to Company or any other user;
  13. Impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
  14. Harvest or otherwise collect information about Users including email addresses, Log-In Credentials, or any other information; or
  15. xv. Use the App or App to solicit or recruit other persons to another product or service.

Any violation of this section may subject you to civil and/or criminal liability. Additionally, if you commit any of the above, Company may, in its sole discretion, and without limiting any of their other remedies, terminate your Account and ability to access and/or use the App and/or Service.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or to or from your country of residence and expressly consent to and acknowledge that by using the App they may be transferring personal data to the United States without any liability or obligation on the part of Company except as set forth in these Terms of Use and in Company's Privacy Policy.

Although Company cannot monitor the conduct of its users off the App, it is also a violation of these rules to use any information obtained from the App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.

8. Disclaimers

(a) Geographic Disclaimer. The App is administered by the Company from the State of California and is intended solely for users who are US residents. Access to the App and the Service as well as the terms of our Privacy Policy (incorporated by this reference), may not be legal for some persons or in some countries outside the United States. Additionally, if you elect to access and use the App and/or Service from outside of the United States, you do so at your own risk and are solely responsible for complying with all applicable laws and regulations.

(b) General Disclaimer. The Content on this App is presented in a summary fashion, and is intended to be used for informational purposes based upon Content uploaded by the Customer’s Admin. AS SUCH, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OF ANY COMMISSIONS GENERATED BY THE APP.

(c) WARRANTY DISCLAIMER. THIS APP, THE SERVICE AND THE CONTENT CONTAINED THEREIN ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE., TITLE, AND NON-INFRINGEMENT, WITH REGARD TO ANY REPORTS, RESULTS, COMMISSIONS, ANALYSIS, AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS APP AND/OR SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE APP AND/OR SERVICE OR ACCESS THERETO BY USERS. WE DO NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. ALTHOUGH THE CUSTOMER’S ADMIN MAY UPDATE THE CONTENT ON THIS APP AND/OR APP FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Data Back-up

We are not responsible for backing up your data, Account information or other type of data attributed to your use of the App. YOU EXPRESSLY AGREE TO ASSUME THE SOLE RISK OF BACKING UP ALL ACCOUNT INFORMATION WHEN USING THE APP AND EXPRESSLY AGREE THAT WE WILL HAVE NO LIABILITY WITH RESPECT TO LOST ACCOUNT INFORMATION EXCEPT AS OTHERWISE PRESCRIBED UNDER OUR PRIVACY POLICY.

10. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates and parent companies, and their respective officers, directors, employees, agents, information providers, partners, advertisers and suppliers (collectively, the “Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) your use of the Content, App or Service; and/or (b) your breach of the terms of these Terms of Use, (including violation of any person’s Intellectual Property or privacy rights) by you or any other person accessing the App using your Account.

11. WAIVER, RELEASE AND LIMITATION OF LIABILITY

YOU AGREE THAT NONE OF THE PROTECTED PARTIES SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE APP AND/OR APP. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE APP AND/OR THE SERVICE.

NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SUSTAINED BY YOU SHALL NOT EXCEED THE LESSER OF: (A) THE AGGREGATE OF SUBSCRIPTION FEES PAID BY CUSTOMER FOR YOUR ACCOUNT FOR THE TWO (2) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHEN LIABILITY AROSE; OR (B) ONE HUNDRED DOLLARS ($100.00) (USD). IN NO EVENT SHALL ANY OF THE PROTECTED PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THIS APP OR THE CONTENT EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NONE OF PROTECTED PARTIES WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSSES, DAMAGE OR DESTRUCTION OF DATA, THAT AND DAMAGES OR LOSSES YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS APP, THE APP OR OUR EQUIPMENT, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS APP AVAILABLE TO YOU OR COLLECTING THE DATA CONTAINED THEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO OR YOUR INABILITY TO ACCESS THE APP, OR THE CONTENT WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF ANY OF THE PROTECTED PARTIES.

SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY AS SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION DOES NOT APPLY TO BE INVALID OR UNENFORCEABLE, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE LIABILITY AND DAMAGE EXCLUSION SHALL ONLY BE RESTRICTED OR DIMINISHED TO THE EXTENT NECESSARY TO BE LEGALLY ENFORCEABLE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE; ALL LIMITATIONS OF LIABILITY, DISCLAIMERS OF LIABILITY, AND EXCLUSIONS OF LIABILITY SHALL REMAIN IN EFFECT. The limitations of damages and exclusions of liability set forth above are fundamental elements of the basis of the bargain between you and us and we would not be able to have provided you the App at the prescribed Fees without such limitations.

12. Third Party Rights

The provisions of paragraphs 10 (Indemnification) and 11 (Waiver, Release and Limitation of Liability) are for the benefit of the Protected Parties. Each of the Protected Parties shall have the right to assert and enforce those provisions directly against you on its own behalf.

13. Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regarding provisions relating to conflicts of law. You agree that any legal action or proceeding between the Company and you for any purpose concerning these Terms of Use or the parties’ obligations hereunder shall be resolved individually, without resort to any form of class action, exclusively in the state or federal courts located in San Diego, California, USA, and each of you and we both expressly consent to such jurisdiction. These Terms of Use constitute the entire Agreement between us and you with respect to your access and use of the App and/or Service. Any failure by us to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. If any provision hereof shall be held to be invalid or unenforceable, then such provision shall be reformed to the extent necessary to make such provision valid and enforceable when so applied. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.

14. Privacy Policy

For information concerning your privacy and how we use and share data, please refer to our Privacy Policy.

15. Notice

We may deliver notice to you under these Terms of Use by means of electronic mail, a general notice on the App (through a link or pop-up), or by written communication delivered by first class U. S. mail to your address on record in your account information, if any. You may give notice to us at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

Sieena, Inc.
Dba Blitz
750 B Street., Suite 3300
San Diego CA 92101


Last Updated August 21, 2017

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