By using the SonicAgile.com web site (“Service”), or any services of Superexpert (“Superexpert”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

Superexpert reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: sonicagile.com/sonic-agile-terms-of-service/

Violation of any of the terms below will result in the termination of your Account. While Sonic Agile prohibits such conduct and Content on the Service, you understand and agree that Sonic Agile cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 
A. Account Terms

1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
5. You are responsible for maintaining the security of your account and password. Sonic Agile cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
7. One person or legal entity may not maintain more than one free account.
8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. API Terms

Customers may access their Sonic Agile account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Sonic Agile, is bound by these Terms of Service plus the following specific terms:

1. You expressly understand and agree that Sonic Agile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sonic Agile has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to Sonic Agile via the API may result in the temporary or permanent suspension of your account’s access to the API. Sonic Agile, in its sole discretion, will determine abuse or excessive usage of the API. Sonic Agile will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Sonic Agile reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

C. Payment, Refunds, Upgrading and Downgrading Terms

1. All paid plans must enter a valid credit card. Free accounts are not required to provide a credit card number.
2. An upgrade from the free plan to any paying plan will immediately bill you.
3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
5. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Sonic Agile does not accept any liability for such loss.

D. Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. Sonic Agile, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Sonic Agile service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Sonic Agile reserves the right to refuse service to anyone for any reason at any time.

E. Modifications to the Service and Prices

1. Sonic Agile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Sonic Agile Site (www.sonicagile.com) or the Service itself.
3. Sonic Agile shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

F. Copyright and Content Ownership

1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed, you agree to allow others to view your Content. By setting your repositories to be viewed, you agree to allow others to view your Backlog Items, User Stories, Tasks,Activity Pages, Email Discussions, Forums and Help Requests, and Repositories.
2. Superexpert and Sonic Agile do not pre-screen Content, but Sonic Agile and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. You shall defend Superexpert and Sonic Agile against any claim, demand, suit or proceeding made or brought against Sonic Agile by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Sonic Agile for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Sonic Agile in connection with any such claim, demand, suit or proceeding; provided, that Sonic Agile (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Sonic Agile of all liability); and (c) provides to You all reasonable assistance, at Your expense.
4. The look and feel of the Service is copyright ©2012 Superexpert All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Sonic Agile.

G. General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2. Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
3. You understand that Sonic Agile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Sonic Agile, or any other Sonic Agile service.
5. You may use Sonic Agile subdomains (e.g., yourname.SonicAgile.com) solely as permitted and intended by the Sonic Agile Pages tool to host your company pages, personal pages, or open source project pages, and for no other purpose. You may not use Sonic Agile subdomains in violation of Superexpert or Sonic Agile trademarks or other rights or in violation of applicable law. Sonic Agile reserves the right at all times to reclaim any Sonic Agile subdomain without liability to you.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Superexpert.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Sonic Agile or Superexpert customer, employee, member, or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Sonic Agile) of other Sonic Agile customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
13. Sonic Agile does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
14. You expressly understand and agree that Sonic Agile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sonic Agile has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
15. The failure of Sonic Agile to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sonic Agile and govern your use of the Service, superseding any prior agreements between you and Sonic Agile (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under California law.
16. Questions about the Terms of Service should be sent to support@Sonic Agile.com.

 
Privacy Notice

We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:

• It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
• We transfer information about you if Sonic Agile or Superexpert is acquired by or merged with another company. In this event, Sonic Agile will notify you before information about you is transferred and becomes subject to a different privacy policy.

Information Gathering and Usage

• When you register for Sonic Agile we ask for information such as your name, email address, billing address, credit card information. Members who sign up for the free account are not required to enter a credit card.
• Sonic Agile uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research.

Cookies

• A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.
• Cookies are required to use the Sonic Agile service.
• We use cookies to record current session information, but do not use permanent cookies. You are required to re-login to your Sonic Agile account after a certain period of time has elapsed to protect you against others accidentally accessing your account contents.

Data Storage

Superexpert uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Sonic Agile. Although Superexpert owns the code, databases, and all rights to the Sonic Agile application, you retain all rights to your data.

Disclosure

Superexpert or Sonic Agile may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service.

Changes

Superexpert or Sonic Agile may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Sonic Agile primary account holder account or by placing a prominent notice on our site.

Questions

Any questions about this Privacy Policy should be addressed to support@sonicagile.com.

You can ask us what we know about you

According to the laws of your country, you have the right to contact us and to ask us what we know about you or to stop using your information by sending a message to OnlineFamilyPrivacy@Superexpert.com or to privacy@Superexpert.com, or by writing to Superexpert Corporation – ######## U.S.A or calling our customer support at ######

Scope

This Privacy Notice applies to the Sonic Agile service, which includes this website and the related Safety Minder client software, which must be installed on your computers in order to use the service.
For the privacy notice that applies to other Superexpert’s public websites, please click here

Information Collection

Information about you

In order to use Sonic Agile you must first create an Account on this web site. In order to create an Account you are required to provide your name, your email address and choose a password to protect your account.

We may collect information about whether installation of our software on your computer was successfully completed or not. We may use this for the purpose of evaluating and improving Superexpert’s product installation success rate. This information will not be correlated with any personally identifiable information.

Cookies

Like most modern websites, we use cookies. A cookie is a unique text file that a Web site can send to your browser software. Cookies enable a Web site to tailor information presented to you based on your browsing preferences and activities.

We use a “session” cookie to identify a particular visit by you to our site – without this; every single page would ask you to provide your login name and password. Session cookies expire after a short time or when you close your web browser. If your browser settings do not allow cookies, you will not be able to use our website.

We may also use cookies to track your visit to our Web site. We may collect information, including your IP address, in a form that may be personally identifiable. However, this information will only be used for analytical purposes and will be limited to the minimum necessary to perform the analysis. As well, if IP address information that can be used to identify you is collected, it will be retained for the limited period of time required for analysis, and then it will be anonymized and discarded.

Web Site Traffic

Through the tracking methods discussed above, we may track domain names, IP addresses, and browser types from people who visit our site. We use this information to track aggregate traffic patterns throughout Sonic Agile Web site. Such information is not correlated with any personal information.

Information Use

The personally identifiable information you choose to provide to us is used to identify you to our service.

We will communicate with you using the email addresses you provide to us and by notices posted on our website.

We may also from time to time send you promotional information, in accordance with your permission, as required by applicable law.

While using the Sonic Agile service, you may access web sites that have their own policies concerning the collection and use of personal information. Superexpert is not responsible for the privacy practices of these third parties.

Information Sharing

We will never sell, rent, or otherwise provide your children’s personally identifiable information to any third parties for marketing purposes except Superexpert may use this information to provide information to you about services and products we offer.

Superexpert retains the services of outside contractors to provide services for us. They may be used to ship products, provide technical support, or handle order processing. We require that these contractors keep the personal information of customers secure and confidential. We also require that these contractors use personal information only on behalf of Superexpert. However, Sonic Agile has no liability for any misuse of your information by any employee or contractor.

Please be advised that in certain instances, it may be necessary for Superexpert to disclose your personal information to government officials or otherwise as required by our legal obligations.

General

Privacy Notice Changes

In the event there is a major change to our privacy practices, a notice will be sent to the email address on file. If the change involves the use of your personally identifiable information, the notice will contain instructions on how you can opt-out of such use. If you continue to use the Sonic Agile service after notice of changes have been sent to you or published on our site, you hereby provide your consent to the changed practices.

Refer-A-Friend

If you choose to use our referral service to tell a friend about the Sonic Agile service, we will ask you for your friend’s name and email address for the purpose of enabling a referral email to be sent to your friend. Superexpert does not store your friend’s name and email address after the referral email is sent.

Communication Choices

Superexpert provides a number of ways for you to choose to receive additional communications from us. We may offer you these choices at the time you give us your information. If you are on an Sonic Agile service web page that requires personal information to be submitted but does not offer communication choices, or would like to change your preferences for information that you have previously provided, please use one of the other communication channels listed below.

Contacting Superexpert; Updating, Correcting or Deleting Your Personal Information or the Personal Information of Your Children

The applicable laws of your country may give you the right to contact us to update, correct and delete your personal information. You can review the personal information you provided us and make any desired changes to the information, or to the settings for your Sonic Agile account, at any time by logging in to your account on the Sonic Agile website and editing the information on your profile page.

If you close your Sonic Agile account, we will remove your name and other personally identifiable information from our database. We may retain certain data contributed by you if it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, account recovery, or if required by law.

If you have any questions or comments concerning this Privacy Notice, or if you would like to change your communication preferences, update, review or delete the personal information we have about you, please contact us using one of the options below:

1. Submit a request by email to: privacy@SonicAgile.com
2. Write to Superexpert Corporation –

Sharing your information

We do not sell, rent, lease, give away or disseminate your information to any third party, except to provide the service. The purpose of our service is to share your message information with other Sonic Agile subscribers. Superexpert is a global organization and we may store and process your information in other countries, including countries that may have less protective data protection laws than the country in which you are located.

Security of your information

We have taken appropriate administrative, technical, physical and procedural security measures, consistent with international information practices, [including encrypting your information], to protect your personal information.

Contact us

If you have questions, please contact us at:

1. Superexpert’s Privacy Program Office:
   Superexpert Corporation – Privacy Program Office
   Email: privacy@Superexpert.com