1(self.webpackChunk_N_E=self.webpackChunk_N_E||[]).push([[3914],{31172:(e,t,n)=>{"use strict";n.d(t,{V:()=>a});var i=n(37876),r=n(14232),s=n(76816);let a=r.forwardRef(({toc:e=!0,children:t},n)=>(0,i.jsx)(i.Fragment,{children:(0,i.jsx)("div",{className:"mx-auto px-4 lg:px-8 max-w-[1400px]",children:(0,i.jsxs)("div",{className:"flex justify-center flex-col md:flex-row-reverse md:gap-12 lg:gap-16",children:[e&&(0,i.jsx)("aside",{className:"hidden md:block md:w-48 lg:w-56 flex-shrink-0 md:pr-4 lg:pr-8",children:(0,i.jsx)("div",{className:"sticky top-[120px]",children:(0,i.jsx)("div",{className:"overflow-y-auto max-h-[calc(100vh-160px)] pr-2",children:(0,i.jsx)("div",{className:"text-sm",children:(0,i.jsx)(s.D,{})})})})}),(0,i.jsx)("div",{ref:n,className:"flex-1 min-w-0",children:(0,i.jsx)("article",{className:"prose prose-invert container pt-24 pb-8",children:t})})]})})}));a.displayName="BlogPostLayout"},61138:(e,t,n)=>{"use strict";n.r(t),n.d(t,{default:()=>l});var i=n(37876),r=n(91668),s=n(88610);let a=({children:e})=>(0,i.jsx)(s.b,{children:e});function o(e){let t={a:"a",em:"em",h1:"h1",h2:"h2",h3:"h3",li:"li",p:"p",span:"span",strong:"strong",ul:"ul",...(0,r.R)(),...e.components};return(0,i.jsxs)(i.Fragment,{children:[(0,i.jsxs)(t.h1,{id:"terms-of-service",children:["Terms of Service",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#terms-of-service",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:(0,i.jsx)(t.em,{children:"Last Revised: March 24, 2026"})}),"\n",(0,i.jsxs)(t.h2,{id:"1-introduction",children:["1. Introduction",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#1-introduction",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsxs)(t.p,{children:["These Terms of Service, together with Currentsâs Privacy Policy (as\ndefined below) (collectively, âTOSâ), govern Customerâs access to,\nand use of Currentsâs (i) website available at ",(0,i.jsx)(t.a,{href:"https://currents.dev",children:"https://currents.dev"}),"\nand its subdomains (âWebsiteâ), and (ii) Services (defined below)."]}),"\n",(0,i.jsxs)(t.p,{children:[(0,i.jsx)(t.strong,{children:'"Currents"'})," means the entity specified in the applicable Order (as\nsuch term is defined below), or otherwise Currents Software Inc.\nand/or any of Currents Software Inc.âs affiliates."]}),"\n",(0,i.jsxs)(t.p,{children:[(0,i.jsx)(t.strong,{children:'"Customer"'})," means, as applicable, you, the entity on whose behalf you\nare agreeing to the TOS, or the entity identified in the applicable\nOrder (as such term is defined below). You represent and warrant\nthat you have the full legal authority to bind Customer to the TOS."]}),"\n",(0,i.jsxs)(t.h2,{id:"2-acceptance",children:["2. Acceptance",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#2-acceptance",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"BY ACCESSING AND USING THE WEBSITE AND/OR ANY SERVICES (AS SUCH TERM\nIS DEFINED BELOW) AND/OR BY ENTERING INTO AN ORDER (AS SUCH TERM IS\nDEFINED BELOW), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND\nUNDERSTOOD THESE TOS, INCLUDING THE TERMS OF THE PRIVACY POLICY, AND\nEXPRESSLY AGREES TO BE LEGALLY BOUND BY THESE TOS. IF CUSTOMER DOES\nNOT AGREE TO THESE TOS, CUSTOMER SHALL NOT VISIT THE WEBSITE, SHALL\nNOT ENTER INTO AN ORDER, AND SHALL NOT USE ANY SERVICES. CUSTOMER\nACKNOWLEDGES THAT THESE TOS CONSTITUTE A BINDING AND ENFORCEABLE\nLEGAL CONTRACT BETWEEN CURRENTS AND CUSTOMER."}),"\n",(0,i.jsx)(t.p,{children:"The TOS takes effect on the earlier of: (i) Customerâs visit to the\nWebsite, (ii) Customerâs sign-up to the Services, or (iii) the\neffective date stipulated on a written order or quote for the\nServices executed between the Customer and Currents (âOrderâ). All\nOrders form part of these TOS. Where there is a conflict between the\ndocuments forming the TOS, the precedence of the documents with\nrespect to that conflict shall be: the Privacy Policy, the\napplicable Order, and these TOS."}),"\n",(0,i.jsx)(t.p,{children:"The website and services are available only to individuals who (a)\nare at least sixteen (16) years old; and (b) possess the legal\ncapacity to enter into these TOS (on behalf of themselves and their\norganization) and to form a binding agreement under any applicable\nlaw. The Customer hereby represents that the Customer possesses the\nlegal authority to enter into the TOS."}),"\n",(0,i.jsx)(t.p,{children:"Customer may access and use the Services and the Website solely\nsubject to and in accordance with the TOS, unless Customer and\nCurrents have executed a separate agreement in writing, signed by\nboth parties which expressly supersedes these TOS. To avoid\ndoubt, any terms added by the Customer to an order\nform or quote after signing an agreement do not constitute part of\nan Order, unless mutually agreed between the parties. Customer will\ncomply with all applicable laws, rules, and regulations in connection with\nCustomerâs use of the Services and the Website."}),"\n",(0,i.jsx)(t.p,{children:"Although the Website and the Services may be accessible worldwide, Currents makes no\nrepresentation that materials contained therein are appropriate or\navailable for use in any particular jurisdiction and accessing them\nfrom jurisdictions where their contents are illegal is prohibited."}),"\n",(0,i.jsx)(t.p,{children:"To the extent that the Order sets forth a right to use the Services\nby the Customerâs Affiliates, Customer shall: (i) provide each such\nAffiliate with a copy of these TOS; (ii) ensure that each such\nAffiliate complies with the terms and conditions therein; and (iii)\nbe responsible for any breach of these TOS by any such Affiliate.\nFor purposes of this Agreement, âAffiliateâ means any entity that\nControl
1s, is Controlled by, or is under common Control with you,\nwhereas âControlâ means ownership, directly or indirectly, of 50% or\nmore of the voting interest."}),"\n",(0,i.jsxs)(t.h2,{id:"3-the-services",children:["3. The Services",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#3-the-services",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"The âServicesâ include Currentsâs automated platform for\ncoordinating and recording of software quality tests, and any other\nproducts or services provided by Currents from time to time through\nthe Website or otherwise, and all updates, upgrades and enhancements\nthereto (collectively, the âPlatformâ). To use the Services,\nCustomer must maintain a proper, high-speed internet connection to\nconnect Customerâs network to the Services using secure, encrypted and recent network protocols,\nand may be required to install a complimentary software and a command line interface tool\n(âCLIâ)."}),"\n",(0,i.jsx)(t.p,{children:"Use of the Services is restricted to such specific user(s) (each, a\nâPermitted Userâ) and to the number of total Runs or Test\nRecordings per month or day (the âRuns Limitationâ or âTest\nRecordings Limitationâ ), as set forth in the applicable Order."}),"\n",(0,i.jsx)(t.p,{children:"âRunâ means a single request to create tests, coordination requests and\nrecording tasks using Currentsâs Platform or CLI."}),"\n",(0,i.jsx)(t.p,{children:"âTest Recordingâ\nmeans a record of the execution of a single testing activity together\nwith the associated data and artifacts."}),"\n",(0,i.jsx)(t.p,{children:"The calculation of the Run\nLimitation or Test Recordings limitation entitled to a Permitted\nUser will be made in the aggregate with respect to all Runs or Test Recordings licensed\nto Customer."}),"\n",(0,i.jsx)(t.p,{children:"For instance, if Customer has licensed four Runs, then\na single Permitted User may use all four Runs, provided that no Runs\nare being used by any other Customer Permitted User."}),"\n",(0,i.jsx)(t.p,{children:"If Customer exceeds the Runs or Test Recordings Limitation, Customer will be required to upgrade\nits license to cover the extra Runs or Test Recordings and/or will\nbe charged overage fees as specified in the relevant Order."}),"\n",(0,i.jsx)(t.p,{children:"The âWebsiteâ provides comprehensive information regarding Currents\nand enables Customers to log-in to the Services."}),"\n",(0,i.jsx)(t.p,{children:"The Website and/or Services also provide resources such as\nwhitepapers, and may include any other content related thereto such\nas contact information, videos, text, logos, button icons, images,\ndata compilations, links, other specialized content, technical data,\ndocumentation, know-how, specifications materials, designs, data,\nthe âlook and feelâ of the Website and/or Services, algorithms,\nsource and object code, interface, GUI, interactive features related\ngraphics, illustrations, drawings, animations, and other features\nobtained from or through the Website and/or Services (collectively,\nthe âContentâ)."}),"\n",(0,i.jsx)(t.p,{children:"ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE WEBSITE AND/OR\nSERVICES ARE RESERVED TO CURRENTS. TO THE EXTENT LEGALLY\nPERMISSIBLE, THE WEBSITE AND/OR PLATFORM AND THE CONTENT AVAILABLE\nTHEREIN ARE PROVIDED ON AN âAS ISâ BASIS."}),"\n",(0,i.jsx)(t.p,{children:"CURRENTS WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS, INCURRED BY YOU\nOR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF\nTHE WEBSITE AND/OR SERVICES AND/OR THE CONTENT AVAILABLE THEREIN.\nYOUR USE OF THE WEBSITE AND/OR PLATFORM AND/OR THE CONTENT IS\nENTIRELY AT YOUR OWN RISK."}),"\n",(0,i.jsxs)(t.h2,{id:"4-customer-responsibility",children:["4. Customer Responsibility",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#4-customer-responsibility",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"To access and use the Services, Customer and/or Permitted Users must\ncomplete the registration process within the Website which requires\nPermitted Users to share with us certain User Data (as defined\nbelow), including their name, email address and password, or\notherwise provide such details of existing third party services\naccounts (e.g., Github, Google, etc.) through which Permitted Users\ncan login to the Services, all as further detailed in our Privacy\nPolicy (âAccountâ). Customers and/or Permitted Users must provide\naccurate and complete information when creating an Account and agree\nto not misrepresent their identity or Account information."}),"\n",(0,i.jsx)(t.p,{children:"At all times Customer shall be solely responsible for: (i) the\nactivities and compliance by its Permitted Users with these TOS, (ii) the activities of Permitted Users or unauthorized\nusers that access the Services by way of Customerâs Account\ncredentials, while engaged by Customer, and/or while using\nCustomerâs premises or equipment, (iii) the accuracy of User Data,\nand (iv) for Customer Content (defined below), including without\nlimitation the legality, accuracy and security of Customer Content."}),"\n",(0,i.jsx)(t.p,{children:"Customer must keep Account details, including Account access\ndetails, safe, secure and confidential at all times and shall\nimmediately notify Currents in the event that Customer becomes aware\nof any unauthorized access to the Account or any violation of the\nTOS. Customer hereby releases Currents from any and all liability,\nlosses and damages in connection with any unauthorized access or use\nof Customerâs Account and/or Customer Content."}),"\n",(0,i.jsx)(t.p,{children:"Customer must inform Currents immediately upon discovery of security vulnerability or any circumstance that may allow misuse of the System, for example gaining access to other System's tenants (customers) data,\nimpersonating other users or bypassing authentication, authorization and usage limiting mechanism of the Services."}),"\n",(0,i.jsx)(t.p,{children:"The Customer shall have sole responsibility for the accuracy,\nquality and legality of the Customer Content and the means by which\nthe Customer acquired the Customer Content. The Customer warrants\nand undertakes that the Customer Content has been collected,\nprocessed and transferred in accordance with the laws applicable to\nthe Customer, including, if required by applicable law, that the\nCustomer has received all required consents from the applicable data\nsubjects."}),"\n",(0,i.jsx)(t.p,{children:"âUser Dataâ means any information relating to an identified or\nidentifiable Customer (solely where the Customer is a natural\nperson) and/or Permitted Users, such as name and email address,\nfurnished to Currents solely in connection with access and use of\nthe Website and/or the Services."}),"\n",(0,i.jsx)(t.p,{children:"âCustomer Contentâ means collectively (i) User Data, (ii) code and\nother content uploaded or otherwise provided by Customer and\nRepresentatives in connection with the Services, and (iii) the\nresults and outputs of the Services."}),"\n",(0,i.jsxs)(t.h2,{id:"5-customer-content",children:["5. Customer Content",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#5-customer-content",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsxs)(t.p,{children:["As between the parties, Customer or its licensors own all right,\ntitle and interest in and to the Customer Content. Customer consents\nto the access and use of Customer Content by Currents and its\nthird-party service providers to provide the Services and the\nWebsite, all in accordance with the TOS. The data accessed\nby Currents to facilitate its services is based on but not limited to the list available at ",(0,i.jsx)(t.a,{href:"https://currents.dev/readme/data-privacy/access-to-customer-data",children:"https://currents.dev/readme/data-privacy/access-to-customer-data"}),"."]}),"\n",(0,i.jsxs)(t.p,{children:["The company will hold Customer Data for the default retention period outlined in the table at ",(0,i.jsx)(t.a,{href:"https://currents.dev/readme/data-privacy/data-retention",children:"https://currents.dev/readme/data-privacy/data-retention"}),", which may be updated periodically. Alternative retention period can be negotiated and detailed within an Order. Should an Order not specify a particular duration, data will be deleted following the default retention schedule as stated in the most current version of the table."]}),"\n",(0,i.jsx)(t.p,{children:"In addition, Currents may only use the Customerâs name, mark,\nand logo on the Website, in sales presentations, at trade shows,\nand in other marketing materials with the Customerâs prior written approval.\nCurrents may ask Customer to participate in\nmarketing activities such as testimonials and webinars."}),"\n",(0,i.jsx)(t.p,{children:"Customer is solely responsible for the legality and appropriateness\nof all Customer Content and for compliance with all laws and\nregulations applicable to Customer Content, including without\nlimitation all applicable import and export, intellectual property,\nand privacy and data protection laws and regulations. Without\nderogating from the generality of the foregoing, Customer shall\nensure that Customer Content: (i) is not defamatory, misleading,\nfraudulent, does not promote or facilitate illegal activity, and\ndoes not contain illegal content, (ii) does not distribute viruses,\nworms, Trojan horses, corrupted files, time bombs, hoaxes, or other\nitems of a disabling, destructive, damaging, or deceptive nature,\nand (iii) does not disable, interfere with, or circumvent any part\n
1of the Website or Services. Currents may, but is not obligated to,\nmonitor Customer Content, and it is Customerâs sole responsibility\nto monitor all Customer Content to ensure that it complies with the\nTOS and applicable law, and Customer is solely responsible for\nproperly handling and processing any communications sent to Customer\nalleging that Customer Content violates rights or otherwise is in\nbreach of applicable law."}),"\n",(0,i.jsxs)(t.h2,{id:"6-currentss-ownership-and-license",children:["6. Currentsâs Ownership and License",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#6-currentss-ownership-and-license",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Currents and its licensors own and reserve all rights, title and\ninterest in and to the Services, the Website and all of the content\nincluded therein, including without limitation to all of Currentsâs\ncopyrights, trademarks, service marks, and logos, all enhancements,\nmodifications and derivatives thereto, and all related worldwide\nintellectual property rights, whether registered or not and whether\nregistrable or not evidenced by or embodied in and/or\nattached/connected/related to the Website and/or Services. Nothing\nin the TOS grants Customer any right to use any of Currentsâs\nintellectual property, including without limitation any of its\ncopyrights, trademarks, service marks, or logos."}),"\n",(0,i.jsx)(t.p,{children:"The Customer hereby acknowledges that Currents is the sole owner of,\nand may collect, disclose, publish and use in any other manner for\nany legitimate business purpose, anonymous information which is\nderived from the Customerâs use of the Services (i.e.,\nnon-identifiable information, aggregated and analytics information)."}),"\n",(0,i.jsx)(t.p,{children:"In consideration for Customerâs ongoing compliance with the TOS and\nfull and punctual payment of the Subscription fees (to the extent\napplicable), Currents hereby grants Customer (i) a limited,\nnon-exclusive, non-transferable, non-sublicensable and revocable\nlicense to access and use the Services, solely for Customerâs\ninternal business purposes; and (b) a limited, non-exclusive,\nnon-transferable, non-sublicensable and revocable license to\ninstall, use and operate software issued by Currents in regards to\nthe Service, solely for Customerâs internal business purposes and\nsolely for the purpose of using the Services (collectively, the\nâLicenseâ)."}),"\n",(0,i.jsxs)(t.h2,{id:"7-personal-data",children:["7. Personal Data",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#7-personal-data",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Currents respects its Website usersâ and Permitted Usersâ privacy\nand the privacy of all data subjects whose personal data may be\nincluded in the User Data, and is committed to protect their\npersonal data shared with us, as further detailed in our Privacy\nPolicy:"}),"\n",(0,i.jsxs)(t.ul,{children:["\n",(0,i.jsxs)(t.li,{children:["\n",(0,i.jsxs)(t.p,{children:["Our policy and practices and the type of information collected with\nrespect to personal data collected from, and processed with respect\nto, Website Users are described in detail in our Privacy Policy at\n",(0,i.jsx)(t.a,{href:"https://currents.dev/privacy-policy",children:"https://currents.dev/privacy-policy"}),"."]}),"\n"]}),"\n",(0,i.jsxs)(t.li,{children:["\n",(0,i.jsxs)(t.p,{children:["Our policy and practices and the type of information collected with\nrespect to personal data collected from, and processed with respect\nto, Permitted Usersâ and Customer Content are described in detail\nin our Privacy Policy at ",(0,i.jsx)(t.a,{href:"https://currents.dev/privacy-policy",children:"https://currents.dev/privacy-policy"}),"."]}),"\n"]}),"\n"]}),"\n",(0,i.jsxs)(t.p,{children:["In addition, when using our Website and Services, we may use\nâcookiesâ and other similar tracking technologies, as detailed in\nour Cookie Policy at ",(0,i.jsx)(t.a,{href:"https://currents.dev/cookies-policy",children:"https://currents.dev/cookies-policy"}),"\n(collectively, the âPrivacy Policyâ)."]}),"\n",(0,i.jsx)(t.p,{children:"All of the above-mentioned policies are incorporated herein by\nreference. Customers, Website users, and Permitted Usersâ that\nintend to access or use the Website or Services must first read and\nagree to the applicable Privacy Policy."}),"\n",(0,i.jsx)(t.p,{children:"Customers hereby agrees, acknowledges and represents that: (a) it is\nprohibited from uploading to the Services or otherwise transferring the\nCompany or exposing the Company to any personal data relating to\nchildren under the age of 16 and/or âspecial categories of personal\ndataâ (as defined under applicable data protection laws) without the\nCompanyâs written prior approval; (b) to the extent that per the\nCompanyâs approval, the Customer transfers or exposes such data to\nthe Company, then it is the Customerâs responsibility to ensure that\nsuch transfer is done in accordance with applicable privacy laws,\nincluding the GDPR, and where required, the Customer shall notify\nthe Company prior to any such processing activities regarding any\nadditional obligations that may impose on the Company with respect\nto such processing, if any; and (c) if required by applicable\nprivacy laws, it was granted all applicable consents to process such\ndata."}),"\n",(0,i.jsxs)(t.p,{children:["These TOS incorporate Currentsâs GDPR Data Processing Addendum,\navailable at: ",(0,i.jsx)(t.a,{href:"https://currents.dev/dpa",children:"https://currents.dev/dpa"})," (âDPAâ), when the GDPR\napplies to your use of the Services to process Customer Content.\nWhere the Customer intends to upload Customer Content which is\nsubject to the GDPR, the Customer must notify Currents of such, by\ninforming Currentsâs representative team via ",(0,i.jsx)(t.a,{href:"mailto:[email protected]",children:"[email protected]"}),"."]}),"\n",(0,i.jsxs)(t.h2,{id:"8-fees-and-interest",children:["8. Fees and Interest",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#8-fees-and-interest",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsxs)(t.p,{children:["Access to the Services is subject to a subscription to a payment\nplan, in accordance with the payment model specified in our pricing\npage at ",(0,i.jsx)(t.a,{href:"https://currents.dev/#pricing",children:"https://currents.dev/#pricing"}),", or as otherwise provided to\nthe Customer in an Order (âSubscriptionâ and âPricing Pageâ,\nrespectively)."]}),"\n",(0,i.jsx)(t.p,{children:"To the extent that a Customer has not executed a signed written\nOrder (which stipulates the Subscription terms and other use\nlimitations) with Currents, the Customerâs use of the Services shall\nbe subject to the âCommunityâ free plan and its terms and use\nlimitations stipulated in the Pricing Page."}),"\n",(0,i.jsx)(t.p,{children:"Customer shall pay Currents the fees as set forth in the relevant\nOrder (âFeesâ) within thirty (30) days of the invoice date, unless\nother payment terms are specified in such Order, in which case those\nterms shall prevail."}),"\n",(0,i.jsx)(t.p,{children:"All Fees are non-cancellable and non-refundable, except as expressly\nspecified in these TOS. Currents may voluntarily, but not obligated to,\nrefund a Customer as a form of goodwill."}),"\n",(0,i.jsx)(t.p,{children:"Accordingly, Customer is responsible for\npaying the full amount of the Fees for each Invoice Period, whether\n
1or not Customer actually uses the Services during all or part of\nsuch Invoice Period. Accruing from the due date of payment, Currents\nis entitled to charge interest at the lower of: (i) 1% compounded\ninterest per month, and (ii) the maximum interest rate permitted by\napplicable law."}),"\n",(0,i.jsx)(t.p,{children:"Taxes. Fees do not include taxes, levies or duties of any nature."}),"\n",(0,i.jsx)(t.p,{children:"Customer is responsible for all applicable taxes (including without\nlimitation all sales, use, shipment, value-added and other taxes),\nlevies or duties arising in connection with the Services (except\nthose assessable against Currents based on its income) when invoiced\nby Currents or will supply appropriate tax exemption certificates to\nCurrents in a form satisfactory to Currents."}),"\n",(0,i.jsx)(t.p,{children:"Currents may voluntarily, but not obligated to, include taxes, levies or duties in Fees."}),"\n",(0,i.jsx)(t.p,{children:"Currents reserves the right to modify the fees and prices for its\nServices at any time and at its sole discretion. Such pricing\nchanges will NOT affect the Customerâs remaining period of the then\nin-effect Term."}),"\n",(0,i.jsx)(t.p,{children:"Payments of Subscription fees may be processed via certain online\npayment service providers, such as Stripe (âOnline Payment\nProcessorsâ). Currents may add or change the Online Payment\nProcessors at its sole discretion. The Online Payment Processors\nenable Customer to send payments securely online using a credit\ncard, debit card or bank account."}),"\n",(0,i.jsx)(t.p,{children:"Currents does not control and is not affiliated with such Online Payment Processors. These Online\nPayment Processors are independent contractors and have no employment\nor agency relationship with Currents. Currents is not responsible in\nany way for the actions or performance (or lack thereof) of the\nOnline Payment Processors."}),"\n",(0,i.jsx)(t.p,{children:"The use of the Online Payment Processors\nis at Customerâs own risk. It is the Customerâs responsibility to abide\nby all the terms specified by the Online Payment Processors in their\nterms of use and privacy policies. Customer acknowledges that it is\nfully assuming the risks of conducting any transactions via the\nOnline Payment Processors."}),"\n",(0,i.jsxs)(t.h2,{id:"9-third-party-services",children:["9. Third-Party Services",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#9-third-party-services",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Certain parts of the Services may be provided by third-party service\nproviders (âThird Party Servicesâ). Subject to applicable law,\nCurrents may, in Currentsâs sole discretion, retain and replace\nThird Party Services and third-party service providers from time to\ntime."}),"\n",(0,i.jsxs)(t.h2,{id:"10-term",children:["10. Term",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#10-term",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"The License for the paid Services shall commence as of the starting\ndate detailed in the applicable Order and will be in effect for the\nterm specified in the Order (âTermâ). At the end of each Term, the\nServices shall be automatically renewed for an additional Term,\nunless either party requests otherwise in writing, such request shall\nbe furnished no later than 30 days prior to the end of the\nrespective Term. The Term for non-payment Services signed up for on\nthe Website and not through an Order shall commence when Customer\nfirst accesses the Services via the Website, and shall continue\nuntil terminated by either Party in accordance with Section 11\nbelow."}),"\n",(0,i.jsxs)(t.h2,{id:"11-termination-of-the-services",children:["11. Termination of the Services",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#11-termination-of-the-services",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsxs)(t.p,{children:["Customer may terminate the Services by providing written notice to\nCurrents at ",(0,i.jsx)(t.a,{href:"mailto:[email protected]",children:"[email protected]"}),"."]}),"\n",(0,i.jsx)(t.p,{children:"Once written notice is received,\nthe termination will take effect upon the last day of the Term, unless\nprovided otherwise in the applicable Order in which case such\nprovisions will prevail."}),"\n",(0,i.jsx)(t.p,{children:"Notwithstanding any other term in the TOS,\nCurrents may terminate non-payment Services at any time and for any\nreason."}),"\n",(0,i.jsx)(t.p,{children:"In addition, Currents may terminate provision of the Website\nand/or Services immediately and without liability upon providing\nnotice to Customer: (i) if Currents believes that Customer has\nviolated any provision of the TOS or applicable law, (ii) if\nCurrents is threatened with a legal claim related to the provision\nof the Website and/or Services, (iii) if Currentsâs relationship\nwith a third party service provider terminates or requires Currents\nto modify, suspend or terminate the Website and/or Services, (iv) if\nCurrents believes providing the Website and/or Services could create\na substantial or unreasonable economic or technical burden or\nsecurity risk, (v) in order to comply with applicable law or\nrequests of governmental or administrative entities, or (vi) if\nCurrents determines that the use of the Website and/or Services by\nCustomer or Currentsâs provision of any of the Services has become\nimpractical or unfeasible."}),"\n",(0,i.jsx)(t.p,{children:"Without limiting the foregoing, Currents\nreserves the right, at its sole discretion, at any time to modify,\nimprove, correct or discontinue, temporarily or permanently, the\nServices or any part thereof, with or without notice."}),"\n",(0,i.jsx)(t.p,{children:"If Currents at its discretion chooses to cease providing the current version of the\nWebsite and/or Services or any of its features and/or specific\nfunctions, whether through discontinuation of the Website and/or\nServices or by upgrading or downgrading the Website and/or Services\nto a newer version, Customer may not be able to continue using the\nprevious version of the Website and/or Services."}),"\n",(0,i.jsx)(t.p,{children:"Customer understands and agrees that features and/or functions of previous\nServices versions might be removed in future versions thereof, and\nthat Currents shall not be liable to Customer or to any third party\nfor any modification, suspension or discontinuance of the Services."}),"\n",(0,i.jsx)(t.p,{children:"The sole remedy of Customer in the event of termination by Currents\nin accordance with this Section 11 is to receive a pro-rated refund\nof any pre-paid Fees for the remainder of the applicable Term."}),"\n",(0,i.jsxs)(t.h2,{id:"12-effect-of-termination",children:["12. Effect of Termination",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#12-effect-of-termination",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Upon termination of the Term or the provision of the Website and/or\nServices, Customerâs License will end, all of Customerâs rights to\nuse the Website and/or Services shall terminate, and Customer will\nno longer have access to any Customer Content and/or evaluations,\ntests, test results, electronic communications and/or data that were\nposted, uploaded or otherwise transmitted to the Services."}),"\n",(0,i.jsxs)(t.p,{children:["Currents shall maintain Customer Content for up to 30 days, during which it will allow the Customer limited access to the Platform solely for downloading and deleting any Customer Content. It's important to note that content may be deleted earlier than 30 days if its retention period, as specified in the updated table at ",(0,i.jsx)(t.a,{href:"https://currents.dev/readme/data-privacy/data-retention",children:"https://currents.dev/readme/data-privacy/data-retention"}),", dictates a shorter duration."]}),"\n",(0,i.jsx)(t.p,{children:"Thereafter, Currents may delete any applicable Customer Content. The provisions of these\nTOS that, by their nature and content, must survive the termination\nof these TOS in order to achieve the fundamental purposes of these\nTOS shall so survive."}),"\n",(0,i.jsx)(t.p,{children:"Without limiting the generality of the\nforegoing, the provisions of Customer Responsibility, Customer\nContent, Currentsâs Ownership, Responsibility for Customer Content,\nFees and Interest, Termination of the Services, Representations and\nWarranties, Open Source Software, Use Restrictions, Suggestions,\nThird Party Links, Confidentiality, Disclaimer of Warranties,\nLimitation of Liability and Indemnification shall survive\ntermination of the provision of the Website and/or Services for any\nreason."}),"\n",(0,i.jsx)(t.p,{children:"CANCELLING OR TERMINATING THE ACCOUNT MAY CAUSE THE LOSS OF CERTAIN\nINFORMATION YOU PROVIDED TO CURRENTS (INCLUDING THE CUSTOMER\nCONTENT) AND/OR THE CAPACITY OF THE ACCOUNT. CURRENTS DOES NOT\nACCEPT ANY LIABILITY FOR SUCH LOSS."}),"\n",(0,i.jsxs)(t.h2,{id:"13-representations-and-warranties",children:["13. Representations and Warranties",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#13-representations-and-warranties",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Customer represents and warrants to Currents that: (i) Customer has\nthe requisite power and authority to enter into the TOS and to\nperform all of its obligations under the TOS, (ii) all Account\ninformation Customer has provided Currents for the purpose of\nreceiving the Services is complete and accurate, and Customer shall\nupdate its Account information to maintain the completeness and\naccuracy thereof throughout the Term, (iii) if Customer makes use of\nsoftware not provided by Currents, Customer has a valid written\nlicense agreement permitting Customer to use such software in\nconnection with the Services and Customer shall bear all liability\nfor all damage in connection with Customerâs use of any such\nsoftware, including damage to the Services, (iv) Customer is and\nwill remain throughout the Term in compliance with all applicable\nlaw, including without limitation all applicable data protection,\nprivacy, and intellectual property laws, relating to its use of the\nCustomer Content, Services and Website, and (v) Customer shall not\nallow the use of and/or access to the Services by third parties or\nanyone other than
1its employees whose duties require such access or\nuse and its authorized consultants and subcontractors (excluding any\nCurrents Competitors (as defined below)), while such access will be permitted\nonly where such use is required as part of their performance of\nservices on the Customerâs behalf; and (iv) Customer shall bear full\nresponsibility for any harm caused to Currents for breach of the\nterms of the license by Customerâs Permitted Users."}),"\n",(0,i.jsx)(t.p,{children:"Currents represents and warrants to Customer that Currents has the\nrequisite power and authority to enter into the TOS and to perform\nall of its obligations under the TOS."}),"\n",(0,i.jsxs)(t.h2,{id:"14-use-restrictions",children:["14. Use Restrictions",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#14-use-restrictions",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Customer may use the Website or Services solely for its own\ninternal use and as expressly permitted by the TOS. Customer shall\nnot, will not attempt to, and will not allow third parties to:"}),"\n",(0,i.jsxs)(t.ul,{children:["\n",(0,i.jsx)(t.li,{children:"(i) modify, alter, tamper with, repair, or create derivative works of\nany part of the Website and/or Services,"}),"\n",(0,i.jsx)(t.li,{children:"(ii) reverse engineer, disassemble, decompile, or translate the Website and/or Services or\napply any other process or procedure including for the purpose of\nderiving or attempting to derive the source code of any software\nincluded in the Website and/or Services"}),"\n",(0,i.jsx)(t.li,{children:"(iii) create multiple Accounts to simulate or act as a single Account or otherwise access\nthe Services in a manner intended to avoid incurring Fees or\notherwise breach the TOS"}),"\n",(0,i.jsx)(t.li,{children:"(iv) resell, sublicense, rent, lend, lease, distribute, or otherwise allow a third party access to the Services"}),"\n",(0,i.jsx)(t.li,{children:"(v) copy any ideas, features, functions or Content of the Website and/or Services, or\nuse the Website and/or Services to create a competitive product or\nservice"}),"\n",(0,i.jsx)(t.li,{children:"(vi) remove, alter or obscure any identification,\nattribution, or other proprietary notices contained on or within the\nServices or the Website"}),"\n",(0,i.jsx)(t.li,{children:"(vii) monitor the Website and/or Services\nfor any purpose, including without limitation its availability,\nperformance or functionality"}),"\n",(0,i.jsx)(t.li,{children:"(viii) gain or attempt to gain unauthorized access to Currentsâs systems or network,"}),"\n",(0,i.jsx)(t.li,{children:"(ix) publish, post, upload or otherwise transmit to the Website and/or Services\nany viruses, Trojan horses, worms, time bombs, corrupted files or\nother computer programming routines intended to damage,\ndetrimentally interfere with, surreptitiously intercept, or\nexpropriate any systems, data, personal information or property, or"}),"\n",(0,i.jsx)(t.li,{children:"(x) publish or disclose to any third party any reviews, testing\ninformation or comparisons with respect to the Service without the\nCompanyâs prior written consent."}),"\n",(0,i.jsx)(t.li,{children:"(xi) access the Services for purposes of competitive analysis, benchmarking,\nor building a competing product or service, whether directly or through\nthird parties,"}),"\n",(0,i.jsx)(t.li,{children:"(xii) systematically extract, scrape, harvest, or collect data, features,\nfunctionality, user interface elements, or other information from the\nServices, whether manually or through automated means,"}),"\n",(0,i.jsx)(t.li,{children:"(xiii) use any robot, spider, crawler, scraper, LLM/AI agent or other automated means\nto access the Services without Currentsâs prior written consent,"}),"\n",(0,i.jsx)(t.li,{children:"(xiv) access the Website and/or Services to monitor pricing, features, performance, or\nany other aspect of the Website and/or Services for competitive purposes,"}),"\n",(0,i.jsx)(t.li,{children:"(xv) perform any vulnerability, penetration or similar testing of the Services, or"}),"\n",(0,i.jsxs)(t.li,{children:["(xvi) use, download, or access the Services:","\n",(0,i.jsxs)(t.ul,{children:["\n",(0,i.jsx)(t.li,{children:"(a) in violation of applicable law or intellectual property rights;"}),"\n",(0,i.jsx)(t.li,{children:"(b) in a manner that threatens the security of functionality of the Services; or"}),"\n",(0,i.jsx)(t.li,{children:"(c) for any purpose or in any manner not expressly permitted by these TOS."}),"\n"]}),"\n"]}),"\n"]}),"\n",(0,i.jsx)(t.p,{children:"THE SERVICES MAY NOT BE ACCESSED FOR PURPOSES OF MONITORING ITS AVAILABILITY,\nPERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES."}),"\n",(0,i.jsx)(t.p,{children:"CURRENTS COMPETITORS ARE PROHIBITED FROM ACCESSING THE SERVICES,\nEXCEPT WITH CURRENTâS PRIOR WRITTEN CONSENT."}),"\n",(0,i.jsxs)(t.h3,{id:"141-competitor-access-prohibition",children:["14.1. Competitor Access Prohibition.",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#141-competitor-access-prohibition",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Customer represents and warrants that Customer is not a Currents Competitor of Currents."}),"\n",(0,i.jsx)(t.p,{children:'"Currents Competitor" means any person or entity that develops, markets, sells, or provides products\nor services that are substantially similar to, or competitive with, the\nServices, including without limitation software testing platforms, test\norchestration services, test recording services, or CI/CD analytics tools.\nCustomer shall not access or use the Services if Customer is a Currents\nCompet
1itor, or if Customer is employed by, affiliated with, or acting on\nbehalf of a Currents Competitor, except with Currentsâs prior written consent.\nCustomer shall not permit any Currents Competitor, or any person employed by,\naffiliated with, or acting on behalf of a Currents Competitor, to access or\nuse the Services through Customerâs Account.'}),"\n",(0,i.jsxs)(t.h3,{id:"142-disclosure-of-affiliation",children:["14.2. Disclosure of Affiliation.",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#142-disclosure-of-affiliation",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Customer represents and warrants that all\ninformation provided during Account registration is accurate and complete,\nincluding without limitation Customerâs identity, employer, and any\naffiliation with a Currents Competitor. Customer shall not create an Account\nusing false, misleading, or incomplete information, or use personal\ncredentials, alternate identities, or third-party intermediaries to\nconceal any affiliation with a Currents Competitor. Any such concealment\nconstitutes fraud and a material breach of these TOS. Customer shall\npromptly notify Currents if Customer becomes employed by, affiliated with,\nor engaged by a Currents Competitor during the Term."}),"\n",(0,i.jsxs)(t.h3,{id:"143-liquidated-damages-for-competitive-misuse",children:["14.3. Liquidated Damages for Competitive Misuse.",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#143-liquidated-damages-for-competitive-misuse",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"The parties acknowledge that\nbreach of Sections 14, 14.1, 14.2 cause harm to Currents that is difficult to quantify, including but\nnot limited to: loss of competitive advantage, disclosure of proprietary\nmethodologies, and diversion of resources.\nAccordingly, Customer agrees that Currents may elect to recover\nliquidated damages in the amount of ten thousand US dollars (USD $10,000), per breach."}),"\n",(0,i.jsx)(t.p,{children:"The parties agree this amount represents a reasonable estimate of minimum harm\nand is not intended as a penalty."}),"\n",(0,i.jsx)(t.p,{children:"This provision does not limit Currentsâs right to seek actual damages as an alternative\nto the liquidated damages amount. This provision does not limit Currentsâs right to seek or obtain injunctive relief, or any other remedy available at law or in equity."}),"\n",(0,i.jsxs)(t.h3,{id:"144-immediate-termination",children:["14.4. Immediate Termination.",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#144-immediate-termination",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Any access to or use of the Services in violation\nof this Section 14 constitutes a material breach of these TOS and shall\nentitle Currents to immediately terminate Customerâs access without notice\nor liability, and without refund of any pre-paid Fees, in addition to any\nother remedies available at law or in equity."}),"\n",(0,i.jsx)(t.p,{children:"As a condition to making the Services available to Customer,\nCustomer undertakes that it will not assert, authorize, assist\nor encourage any third party to assert against Currents or its licensors,\naffiliates or users, any infringement or other claim in connection with\nthe Website and/or Services."}),"\n",(0,i.jsx)(t.p,{children:"Except for the express rights granted herein,\nCurrents does not grant, and Customer does not receive, any other rights, express or implied."}),"\n",(0,i.jsxs)(t.h2,{id:"15-suggestions",children:["15. Suggestions",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#15-suggestions",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Should Customer provide Currents with any ideas, feedback or\nsuggestions regarding the Services and/or the Website\n(âSuggestionsâ), including without limitation in connection with bug\nfixes or improvements, Currents will irrevocably own all right,\ntitle and interest in and to the Suggestions and will be free to use\nthe Suggestions without any liability or payment to Customer,\nwithout notifying Customer, and without Customerâs prior written\nconsent. Customer hereby irrevocably assigns to Currents all right,\ntitle and interest in and to all Suggestions and agrees to provide\nCurrents with such reasonable assistance required in order to\ndocument, perfect and maintain Currentsâs rights in and to the\nSuggestions, at Currentsâs cost."}),"\n",(0,i.jsxs)(t.h2,{id:"16-third-party-links",children:["16. Third Party Links",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#16-third-party-links",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"The Website may include references and/or hyperlinks to\ninformation, websites, documents, software, materials, products,\npromotions and/or services provided by third parties (âThirdâParty\nLinksâ). Currents has no control over, makes no effort to review the\ncontent of, and assumes no responsibility for, the content, privacy\npolicies, terms of use, or practices of any third parties or\nThird-Party Links. Any Third-Party Link that Customer acquires,\nuses, or accesses, and any exchange of data between Customer and\nsuch third party, is solely between Customer and the third party."}),"\n",(0,i.jsxs)(t.h2,{id:"17-confidentiality",children:["17. Confidentiality",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#17-confidentiality",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Each party agrees to keep confidential and to use only for purposes\nof performing its obligation under the TOS, any proprietary or\nconfidential information of the other party disclosed pursuant to\nthe TOS which is marked as confidential or is identified at the time\nof disclosure as confidential or which would reasonably be\nconsidered confidential or proprietary in nature. The obligation of\nconfidentiality shall not apply to information which is publicly\navailable through authorized disclosure or which is required by law,\ngovernment order or request to be disclosed (provided that the\nreceiving party shall give written notice to the other party prior\nto such disclosure and an opportunity, at the objecting partyâs\nexpense, to take legal steps to resist or narrow such request).\nCustomer acknowledges that the Fees, the Services, the softw
1are\ncontained in the Services including the results of any performance\ntests of the Services or software, and any third-party data or\ninformation disclosed by or on behalf of Currents to Customer in\nconnection with the Services shall be deemed to be Currentsâs confidential information."}),"\n",(0,i.jsxs)(t.h2,{id:"18-services-warranty",children:["18. Services Warranty",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#18-services-warranty",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Currents warrants throughout the Term, the Service, if operated as\ndirected by Currents in writing, shall operate substantially in\naccordance with the functionalities provided by Currents to Customer\nin writing (âServices Warrantyâ). Currentsâs sole liability for any\nbreach of the Services Warranty by Currents shall be for Currents to\nmake reasonable commercial efforts to repair the non-conforming\nfunctionality of the Services that does not meet the Services\nWarranty, within a reasonable time. The Services Warranty applies only\nwith respect to failures in the operation of the Services that are\nreproducible in standalone form, and the Services Warranty does not\napply if the failure to meet the Services warranty is caused by:"}),"\n",(0,i.jsxs)(t.ul,{children:["\n",(0,i.jsx)(t.li,{children:"(i) faulty usage or set-up,"}),"\n",(0,i.jsx)(t.li,{children:"(ii) alterations undertaken without Currentsâs prior written consent,"}),"\n",(0,i.jsx)(t.li,{children:"(iii) a version of the Services that is not the current version of the Services,"}),"\n",(0,i.jsx)(t.li,{children:"(iv) a combination, operation or use of the Services with software, hardware or other materials not licensed under the TOS,"}),"\n",(0,i.jsx)(t.li,{children:"(v) the Services being operated or used in violation of the TOS or its\ndocumentation."}),"\n"]}),"\n",(0,i.jsx)(t.p,{children:"The sole remedy of Customer in the event of failure to uphold the Services Warranty is to terminate the Services and receive a pro-rated refund of pre-paid Fees for the remainder of the applicable Term, in accordance with Section 10 above."}),"\n",(0,i.jsxs)(t.h2,{id:"19-disclaimer-of-warranties",children:["19. Disclaimer of Warranties",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#19-disclaimer-of-warranties",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"EXCEPT AS EXPRESSLY SPECIFIED IN THE TOS, THE WEBSITE AND THE\nSERVICES ARE PROVIDED âAS ISâ AND ON AN âAS AVAILABLEâ BASIS.\nCURRENTS, ITS LICENSORS, RESELLERS AND THIRD PARTY SERVICE\nPROVIDERS, MAKE NO EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES,\nREPRESENTATIONS OR GUARANTEES OF ANY KIND IN CONNECTION WITH THE\nWEBSITE OR THE SERVICES OR THE THIRD PARTY SERVICES, INCLUDING\nWITHOUT LIMITATION ANY WARRANTY, REPRESENTATION OR GUARANTEE THAT\nTHE WEBSITE OR THE SERVICES OR THE THIRD PARTY SERVICES WILL BE\nUNINTERRUPTED, ERROR FREE, FREE OF HARMFUL COMPONENTS, OR SECURE, OR\nTHAT ANY TESTING OR VERIFICATION DATA OR RESULTS WILL BE EFFECTIVE,\nACCURATE, RELIABLE, SECURE AND NOT LOST OR DAMAGED. THE WEBSITE AND\nTHE SERVICES (INCLUDING THE THIRD PARTY SERVICES) COULD INCLUDE\nTECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS,\nOR BUGS, VIRUSES, TROJAN HORSES OR THE LIKE. IN ADDITION TO OTHER\nTHIRD PARTIES PROVIDING THIRD PARTY SERVICES, CURRENTS USES, OR MAY\nUSE, THIRD PARTY VENDORS AND HOSTING PARTNERS TO PROVIDE THE\nNECESSARY HARDWARE, SOFTWARE, NETWORKING AND RELATED TECHNOLOGY\nREQUIRED TO RUN THE SERVICES AND CURRENTS ALSO MAKES NO WARRANTIES\nWITH RESPECT TO SUCH THIRD PARTY SERVICES AND CURRENTS SHALL NOT BE\nRESPONSIBLE FOR ANY FAILURES ATTRIBUTABLE TO SUCH THIRD PARTIES OR\nTHIRD PARTY SERVICES. WITHOUT DEROGATING FROM THE GENERALITY OF THE\nFOREGOING, CURRENTS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY,\nSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND\nNON-INFRINGEMENT, AN
1D ALL WARRANTIES ARISING OUT OF ANY COURSE OF\nDEALING OR USAGE OF TRADE. CUSTOMER ACKNOWLEDGES THE RISKS INHERENT\nIN INTERNET CONNECTIVITY, COMPUTER NETWORKS, AND TELECOMMUNICATIONS\nFACILITIES THAT COULD RESULT IN THE LOSS, COMPROMISE, DEGRADATION,\nINTERCEPTION, MONITORING AND/OR OTHER UNAUTHORIZED ACCESS OF\nCUSTOMERâS OR THIRD PARTIESâ PRIVACY, DATA, RESULTS, CONFIDENTIAL\nINFORMATION AND PROPERTY, AS WELL AS THE RISKS ASSOCIATED WITH\nAUTOMATED TESTING AND VERIFICATION SERVICES, INCLUDING WITHOUT\nLIMITATION THE RISK THAT RESULTS COULD BE INACCURATE OR IRRELEVANT.\nTHE USE OF THE WEBSITE AND THE SERVICES IS DONE AT CUSTOMERâS SOLE\nDISCRETION AND RISK AND WITH CUSTOMERâS AGREEMENT THAT CUSTOMER WILL\nBE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION\nTO COMPUTER SYSTEMS AND LOSSES OF DATA, THAT MAY RESULT FROM SUCH\nACTIVITIES. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT INTENDED\nFOR USE IN CONNECTION WITH THE OPERATION OF NUCLEAR FACILITIES, AIR\nTRAFFIC CONTROL OR LIFE SUPPORT SYSTEMS, WHERE THE USE OF OR FAILURE\nOF THE SERVICES COULD LEAD OR CONTRIBUTE TO DEATH, PERSONAL INJURY\nOR ENVIRONMENTAL DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE\nEXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS\nMAY NOT APPLY TO CUSTOMER."}),"\n",(0,i.jsxs)(t.h2,{id:"20-limitation-of-liability",children:["20. Limitation of Liability",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#20-limitation-of-liability",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"IN NO EVENT SHALL CURRENTS, ITS LICENSORS, OFFICERS, DIRECTORS,\nADVISORS, REPRESENTATIVES, RESELLERS OR THIRD PARTY SERVICE\nPROVIDERS, BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR THE COST\nOF PROCUREMENT OF SUBSTITUTE GOODS OR FOR ANY INDIRECT, INCIDENTAL,\nSPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF\nPROFITS, LOSS OR CORRUPTION OF DATA OR RESULTS, BUSINESS\nINTERRUPTION, LOSS OF BUSINESS OR CLAIMS OF THIRD PARTIES,\nREGARDLESS OF THE CAUSE OF ACTION (INCLUDING WITHOUT LIMITATION\nCONTRACT OR TORT), EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES AND\nEVEN IF DAMAGES ARE FORESEEABLE. NOTWITHSTANDING ANY OTHER PROVISION\nIN THE TOS, UNLESS STATED OTHERWISE IN THE ORDER FORM, THE MAXIMUM AGGREGATE LIABILITY OF CURRENTS, AND ITS\nLICENSORS, OFFICERS, DIRECTORS, ADVISORS, REPRESENTATIVES, RESELLERS\nAND THIRD PARTY SERVICE PROVIDERS, TO CUSTOMER AND ALL THIRD\nPARTIES, UNDER ANY CAUSE OF ACTION, SHALL NOT EXCEED THE FEES\nACTUALLY RECEIVED BY CURRENTS FROM CUSTOMER IN THE TWELVE (12)\nMONTHS IMMEDIATELY PRECEDING THE FIRST OCCURRENCE OF AN EVENT GIVING\nRISE TO A CLAIM. THIS IS AN AGGREGATE LIMIT AND THE EXISTENCE OF\nMORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. CUSTOMER\nACKNOWLEDGES THAT THIS FOREGOING LIMITATION OF LIABILITY IS AN\nESSENTIAL PART OF THE TOS AND ABSENT SUCH LIMITATION CURRENTS WOULD\nNOT PROVIDE THE SERVICES TO CUSTOMER OR ENTER INTO THE TOS WITH\nCUSTOMER. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF\nLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE\nLIMITATIONS MAY NOT APPLY TO CUSTOMER."}),"\n",(0,i.jsxs)(t.h2,{id:"21-indemnification",children:["21. Indemnification",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#21-indemnification",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Customer will defend, indemnify, and hold harmless Currents and its\nlicensors, officers, directors, advisors, representatives, resellers\nand Third Party Service Providers, from and against any claims,\ndamages, losses, liabilities, costs, fines and expenses (including\nattorneysâ fees) arising out of or relating to:"}),"\n",(0,i.jsxs)(t.ul,{children:["\n",(0,i.jsx)(t.li,{children:"(i) Customerâs actual or alleged breach of any provisions of the TOS or any\napplicable law,"}),"\n",(0,i.jsx)(t.li,{children:"(ii) any activity held under Customerâs Account, including by unauthorized third parties,"}),"\n",(0,i.jsx)(t.li,{children:"(iii) Customerâs use of other software or applications with the Services or Website, and"}),"\n",(0,i.jsx)(t.li,{children:"(iv) Customer Content and/or the combination of Customer Content\nwith other applications, content or processes, including any claim\ninvolving actual or alleged infringement or misappropriation of\nthird party rights arising out of or in connection with Customer\nContent and including any actual or alleged claim that appropriate\nconsents were not obtained from data subjects to the collection or\nprocessing of their personal data."}),"\n"]}),"\n",(0,i.jsx)(t.p,{children:"Currents shall notify Customer of any claim subject to indemnification, provided that Currentsâs\nfailure to do so shall not affect Customerâs obligations hereunder,\nexcept to the extent that Currentsâs failure to promptly notify\nCustomer materially delays or prejudices Customerâs ability to\ndefend the claim. At Currentsâs option, Customer will have the right\nto defend against any such claim with counsel of Customerâs choosing\n(subject to Currentsâs written consent) and to settle such claim as\nCustomer deems appropriate, provided that Customer shall not enter\ninto any settlement without Currentsâs prior written consent and\nprovided that Currents may at any time elect to take over control of\nthe defense and settlement of the claim upon written notice to\nCustomer."}),"\n",(0,i.jsx)(t.p,{children:"Currents will defend, indemnify, and hold harmless Customer and its\nsubsidiaries, licensors, officers, directors and representatives\nfrom and against any third party claims, damages, losses,\nliabilities, costs, fines and expenses (including reasonable\nattorneysâ fees) directly arising out of:"}),"\n",(0,i.jsxs)(t.ul,{children:["\n",(0,i.jsx)(t.li,{children:"(i) Currentsâs breach of any representations and warranties of the TOS or any applicable law,"}),"\n",(0,i.jsx)(t.li,{children:"(ii) a claim that the Services, Websites or performance of these Terms violate third party intellectual property rights."}),"\n"]}),"\n",(0,i.jsxs)(t.h2,{id:"22-force-majeure",children:["22. Force Majeure",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#22-force-majeure",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"In the event that either party shall be delayed or prevented from\nthe performance of any obligation hereunder by reason of str
1ike,\nlabor trouble, inability to procure materials, power failure,\ngovernment or judicial order, riot, insurrection, declared or\nundeclared war, terrorist act, weather or other Act of God, or any\nother reason beyond such partyâs control, then the performance of such\npartyâs obligations under the TOS shall be excused for the period of\nsuch delay. The party affected by Force Majeure shall provide notice\nto the other party of the commencement and termination of the Force\nMajeure."}),"\n",(0,i.jsx)(t.p,{children:"In any event, the Customer will make best effort to make payments on a timely basis to Currents, and any delay will not in any way relieve the Customer from any of its obligations with respect to the payment of Fees."}),"\n",(0,i.jsxs)(t.h2,{id:"23-no-third-party-beneficiary",children:["23. No Third-Party Beneficiary",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#23-no-third-party-beneficiary",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"The TOS does not create any third-party beneficiary rights in any individual or entity that is not a party to the TOS."}),"\n",(0,i.jsxs)(t.h2,{id:"24-changes",children:["24. Changes",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#24-changes",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"Currents may update these TOS from time to time. Currents will\nnotify Customer of material changes to these TOS by email, by\nposting notice of the update on the Website, or by any other\nreasonable means."}),"\n",(0,i.jsx)(t.p,{children:"Such material changes will take effect seven (7)\ndays after such notice was provided on our Website or sent via\nemail, whichever is earlier. Otherwise, all other changes to\nthese TOS are effective as of the stated âlast revisedâ and your\ncontinued use of the Website and/or Services on or after the last\nrevised date will constitute acceptance of, and agreement to be\nbound by, those changes. In the event that the terms should be\namended to comply with any legal requirements, the amendments may\ntake effect immediately, or as required by the law and without any\nprior notice."}),"\n",(0,i.jsxs)(t.h2,{id:"25-miscellaneous",children:["25. Miscellaneous",(0,i.jsx)(t.a,{"aria-hidden":"true",tabIndex:"-1",href:"#25-miscellaneous",children:(0,i.jsx)(t.span,{className:"icon icon-link"})})]}),"\n",(0,i.jsx)(t.p,{children:"The TOS constitutes the entire agreement between Customer and\nCurrents."}),"\n",(0,i.jsx)(t.p,{children:"This TOS and any claim related thereto will be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflicts of law principles. The parties will initiate any lawsuits in connection with this Agreement in Vancouver, British Columbia, Canada, and irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting therein. Notwithstanding the foregoing, Currents may: (i) seek remedies to collect unpaid Fees from Customer; and (ii) seek remedies with respect to a violation of Currentsâs intellectual property rights, Section 14, (Use Restrictions), or Section 17 (Confidentiality), in any appropriate jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this TOS."}),"\n",(0,i.jsx)(t.p,{children:"All rights are cumulative. The rights\nand obligations under the TOS may not be assigned by either party\nwithout the written consent of the other party, which shall not be\nunreasonably withheld, conditioned or delayed, provided however, that\nno consent shall be required for a transfer to an Affiliate of a\nparty or in connection with a change of Control of a party. No delay\nor failure to take any action with respect to any breach of the TOS\nshall constitute a waiver of such breach or any subsequent or other\nbreaches."}
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