These TERMS & CONDITIONS (“Terms & Conditions”) are a legal agreement between you and Pattage, Inc., a California corporation doing business as Pattage (“Company,” “we,” “us,” or “our”), that governs (A) your online use of our websites, including http://www.pattage.com, and our mobile or standalone applications (collectively, our “Online Platforms”) and (B) your general access to and use of our peer-to-peer employee recognition and other award-based services available through the Online Platforms (our “Employee Recognition Services”) if you or your organization have not executed a separate MSA with us. By accessing or using our Online Platforms or Employee Recognition Services, you agree to these Terms & Conditions, including the Privacy Policy linked below, and confirm that you are of legal age and capacity to enter into a binding agreement with the Company.

PLEASE REVIEW THESE TERMS & CONDITIONS THOROUGHLY BEFORE YOU ACCESS OUR ONLINE PLATFORMS, EVALUATE OUR EMPLOYEE RECOGNITION SERVICES, OR PURCHASE, TRIAL, OR USE OUR EMPLOYEE RECOGNITION SERVICES ONLINE OUTSIDE OF A FORMAL MSA RELATIONSHIP WITH US. IF YOU DISAGREE WITH THESE TERMS & CONDITIONS, DO NOT ACCESS OUR ONLINE PLATFORMS.

IF YOU OR YOUR ORGANIZATION HAVE EXECUTED A SEPARATE MSA WITH US, THAT MSA WILL DICTATE YOUR RELATIONSHIP WITH THE COMPANY AND ACCESS RIGHTS TO THE EMPLOYEE RECOGNITION SERVICES. PLEASE CONSULT YOUR ADMINISTRATIVE TEAM TO OBTAIN A COPY OF, OR BETTER UNDERSTAND THE RIGHTS AND PROVISIONS IN, ANY SUCH MSA.


1. ABOUT OUR ONLINE PLATFORMS

We provide our Online Platforms and Employee Recognition Services to assist clients (and their staff) in cultivating a culture of recognition, meaningful engagement, rewards, and measurable promotion of core values. To achieve these goals, our Online Platforms establish an interactive, rewards-based system for employees and staff to offer and redeem awards.

If you are visiting our Online Platforms as an employee or on behalf of an organization that has purchased access to the Employee Recognition Services for your use, your rights and access are generally governed by a separate master services agreement executed between your organization and the Company (each, an “MSA”). However, if you or your organization have not yet formally subscribed to our Employee Recognition Services or executed a separate MSA with the Company, these Terms & Conditions govern your use of the Employee Recognition Services and your relationship with us.

2. CHANGES TO THESE TERMS & CONDITIONS

We may occasionally revise and update these Terms & Conditions at our sole discretion. Any changes become effective immediately upon posting to our Online Platforms and apply to all subsequent uses of the Online Platforms and general requests for Employee Recognition Services made by our customers. However, any changes or modifications to these Terms & Conditions will not apply retroactively. Furthermore, changes to these Terms & Conditions will not affect the binding nature of our separate MSA or service agreements with you or any other client, as these Terms & Conditions are intended to more broadly govern access to the Online Platforms (not individual subscriptions or orders under an MSA).

3. ACCESS, ACCOUNT SECURITY & PRIVACY

3.1 Access Rights

Our Online Platforms are available for your personal use only for browsing, exploring our Employee Recognition Services, and reaching out to us. Subject to these Terms & Conditions, we give you a limited, non-exclusive, non-transferable, and revocable right of access or license, as applicable, to:

Download, install, and use the Online Platforms or connected applications for your individual use on any mobile device or computer owned or otherwise controlled by you.

Test, access, review, and use for your personal use on your mobile device or computer the content, features, functionality, and Employee Recognition Services hosted on our Online Platforms (collectively, the “Access Rights”).

The grant of the Access Rights under this section does not override or modify any binding terms between us and you (or your organization) in a separate MSA.

3.2 Access and Availability

Occasionally, at our discretion, we may limit your access to certain sections of the Online Platforms, revoking the Access Rights described above. We reserve the right to withdraw or change any of the offers, Employee Recognition Service details, and other material we provide to you on our Online Platforms, at our sole discretion and without notice (subject only to the terms of any stand-alone MSA or binding agreement with you or your applicable organization). We will not be liable if for any reason all or any part of the Online Platforms is unavailable at any time or for any period.

3.3 Alteration

The Company reserves the right, at any time, to alter, suspend, or discontinue any Employee Recognition Services (in whole or in part) or the Access Rights with or without notice to you. You agree that the Company will not be liable to you or to any third party for any alteration, suspension, or discontinuation of the Employee Recognition Services or the Access Rights, or any parts thereof. The Company shall make reasonable efforts to inform you of all alterations, suspensions, and updates to the Employee Recognition Services and these Terms & Conditions.

3.4 Account Obligations and Security

If you choose to create an online account with the Company as part of your online requests for Employee Recognition Services or general use of the Online Platforms (outside of an MSA relationship), you are solely responsible for maintaining all login information and account names. You acknowledge that your account is personal to you, and you agree not to share access to portions of your account containing your username, password, or other security information with anyone else.

You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security. Please be careful when accessing your account from a public or shared computer so that others are not able to view or record your secure information. We reserve the right to disable any username, password, or other identifier at any time, at our sole discretion for any or no reason, including if you have violated any provision of these Terms & Conditions.

3.5 Privacy

We place a high priority on your privacy and the safeguarding of any information you may submit via the Online Platforms. In order to access our Employee Recognition Services or set up an account with us, you might be required to supply registration details (such as your or your organization's email address, official legal name, and contact number) or other personal identification data.

A prerequisite for using the Online Platforms is that any information you provide to us or through the Online Platforms must be accurate, up-to-date, and complete. If you are an individual accessing the Online Platforms, all data you provide for registration or use of our Online Platforms is governed by our Privacy Policy, which can be found at this link: https://pattage.com/privacy-policy.

4. PROPRIETARY RIGHTS

For the context of these Terms & Conditions, "Proprietary Rights" encompasses all global intellectual property rights arising under statutory or common law, whether or not perfected, including, but not limited to, all:

(A) Patents, patent applications, and patent rights.

(B) Rights associated with works of authorship including copyrights, copyright applications, and copyright registrations.

(C) Rights relating to the protection of trade secrets and confidential information.

(D) Any other proprietary rights relating to intangible property (other than trademark, trade dress, or service mark rights).

(E) Divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, hereafter filed, issued, or acquired.

(F) All goodwill associated with any of the foregoing.

The Online Platforms (including all content, Service offerings, source code, communications, features, software, text, published works, displays, images, sounds, video, graphics, designs, and online formatting) are owned by the Company, its licensors (if any), or other providers of such material and are protected by United States and international copyright, trade dress, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorized use of any content or material on the Online Platforms without the Company's prior written approval is strictly prohibited.

We emphasize that the value of our Employee Recognition Services is largely based on the unique works of authorship, trade secrets, or unique coding and design represented in the business solutions we deliver. As such, we will take all necessary action to protect the rights underlying those Employee Recognition Services.

These Terms & Conditions allow you to use the Online Platforms for your personal use (as per Section 3.1 above), including for Employee Recognition Service requests and account access. Consequently, you must not unlawfully reproduce, distribute, modify, or create derivative works of any of the material on our Online Platforms (including the Employee Recognition Services), except as follows:

Your computer or device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser or mobile device for display enhancement purposes.

You may print or download copies of your order receipts and purchase history from the Online Platforms—to the extent you acquire any Employee Recognition Services or products through purchases with us that are not governed by a separate MSA.

You may print or download copies of the digital materials we deliver to you through the Employee Recognition Services for your own business use in connection with the use of the Employee Recognition Services.

If we provide desktop, mobile, web, or other applications for download, you may download copies to your computer or mobile device solely for your own personal, non-commercial use (consistent with Section 3.1 above).

If we do not enter into a separate MSA with you, you are hereby granted a non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use our Employee Recognition Services in accordance with these Terms & Conditions (consistent with Section 3.1)—subject, however, in all respects to our right to monitor such access and revoke it if you are in breach of these Terms & Conditions.

By utilizing the Online Platforms, you consent not to eliminate or modify any copyright, trademark, or other proprietary rights notices from copies of materials from the Online Platforms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Platforms in violation of the Terms & Conditions, your right to use the Online Platforms, including any account thereon, will cease immediately and you must, at our discretion, return or destroy any copies of the materials you have made.

EXCEPT AS OUTLINED IN THESE TERMS & CONDITIONS, NO RIGHT, TITLE, OR INTEREST IN OR TO THE ONLINE PLATFORMS OR ANY CONTENT ON THE ONLINE PLATFORMS IS TRANSFERRED TO YOU, AND ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED BY PATTAGE.

5. PURCHASES & SUBSCRIPTIONS

If you desire to buy access rights for your organization or generally subscribe to our Employee Recognition Services on the Online Platforms, please get in touch with one of our dedicated sales representatives through the “Contact Us” link available at: https://pattage.com/contact-us. Our sales team will guide you through the MSA, order form, general subscription process, and even a product demonstration if you wish to further explore our Online Platforms and the features they can offer to your organization.

6. TRADEMARKS

The Pattage name, any logo we display on our Online Platforms—including all related names, features, solution descriptions, and slogans—are trademarks of and proprietary to Pattage or its affiliates and service providers. You are prohibited from using or exploiting such marks and logos without the prior written permission of Pattage.

7. COPYRIGHT INFRINGEMENT

Pattage is dedicated to adhering to U.S. copyright law and to responding to claims of copyright infringement. We will promptly process and investigate notices of claimed infringement based on our user Contributions (as defined in Section 9.1) or our Employee Recognition Services, and we will take appropriate actions under applicable law. All notifications of claimed copyright infringement must be submitted to the contact information set forth at the end of these Terms & Conditions.

IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED OR USED ON THE ONLINE PLATFORMS IN A WAY THAT CONSTITUTES COPYRIGHT OR TRADEMARK INFRINGEMENT, PLEASE NOTIFY US IMMEDIATELY.

8. RESTRICTED ACTIONS

You are permitted to use the Online Platforms solely for legitimate purposes—for instance, to explore, request, and procure our Employee Recognition Services—and in compliance with these Terms & Conditions. During your engagement with our Online Platforms, you explicitly agree not to exploit the Online Platforms:

For any business-related activities that go beyond your personal exploration and usage.

To contravene, or encourage others to contravene, any relevant federal, state, local, or international law or regulation.

To encroach upon or infringe our intellectual property rights or those of others.

With the intention of exploiting, harming, or attempting to exploit or harm minors (or any other person) in any manner.

To meddle with or bypass the security features of the Online Platforms.

To transmit, or facilitate the transmission of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

To upload or disseminate viruses, bugs, or any other type of malicious code that will or may be used in any way that will impact the functionality or operation of the Online Platforms.

For any obscene or immoral purpose.

To engage in any other behavior, including, but not limited to abuse, defamation, disparagement, or discrimination, that restricts or inhibits anyone's use or enjoyment of the Online Platforms, or which, as determined by us, may cause harm to Pattage or users of the Online Platforms, or expose them to liability.

Furthermore, you agree not to:

Use any part of the Online Platforms for any non-business purposes—i.e., purposes beyond your personal viewing use and orders under these Terms & Conditions or a separate MSA.

Use the Online Platforms in any way that could disable, overload, damage, or impair the Online Platforms or interfere with any other party's use of the Online Platforms.

Use any robot, spider, or other automatic device, process, or means to access the Online Platforms for any purpose, including unlawfully monitoring or copying any of the material or data on the Online Platforms.

Use any device, software, or routine that hampers the proper functioning of the Online Platforms.

Introduce to the Online Platforms any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Online Platforms (including subscription portions only), the server on which they are stored or hosted, or any server, computer, or database connected to the Online Platforms (including those of our service providers).

Otherwise attempt to interfere with the proper working of the Online Platforms and our online Employee Recognition Services system.

9. USER CONTRIBUTIONS

9.1 Description

As you explore, access, or review the Online Platforms or Employee Recognition Services, you are solely accountable for any data, reviews, social media posts, content, or other materials you transmit to or through the Online Platforms or to Pattage (collectively, “Contributions”). You bear all risks linked with Pattage's or third parties' use of your Contributions, including any reliance on their accuracy, completeness, or usefulness, or any disclosure of your Contributions that personally identifies you or any third party.

For instance, if you create a social media post or online review about the Online Platforms or our Employee Recognition Services, which is ultimately associated with us, you are responsible for the content of that Contribution. Furthermore, except for any personal information we may gather from you under the guidelines established in our Privacy Policy, Contributions to Pattage are deemed non-confidential and non-proprietary. Pattage is not required to back up any Contributions, and your Contributions may be deleted at any time without prior notice to you.

9.2 Ownership of Contributions

Subject to any separate MSA with us and the grant of rights described in this Section, for purposes of your relationship with Pattage, you retain all ownership rights for all content and Contributions created in your interactions with the Online Platforms and Pattage.

9.3 Feedback

If you provide Pattage with any feedback or suggestions regarding the Employee Recognition Services or Online Platforms (“Feedback”), you hereby assign to Pattage all rights in such Feedback and agree that Pattage shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Pattage will treat any Feedback you provide to Pattage as non-confidential and non-proprietary.

9.4 License Grant; Representations

In connection with any Contribution, you grant (to the extent available to you) Pattage an unrestricted, irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free license to:

(A) Make changes to our Online Platforms that may affect how content for your Contributions appears.

(B) Use and disclose metrics regarding your Contributions, in a format that does not include personally identifiable information.

(C) Remove any Contribution that is in violation of these Terms & Conditions.

You represent and warrant that:

You have the right to submit the Contribution to Pattage and grant the rights set forth above.

Pattage will not need to obtain licenses from any third party or pay royalties to any third party for its use of the Contribution.

The Contribution does not infringe any third party’s rights, including intellectual property rights and privacy rights.

The Contribution materially complies with these Terms & Conditions and all applicable laws and regulations.

PATTAGE ASSUMES NO RESPONSIBILITY AND TAKES NO LIABILITY FOR ANY CONTRIBUTION.

10. GUIDELINES FOR CONTENT

At Pattage, we strive to establish interactive Online Platforms that enable our users and client organizations to review our Employee Recognition Services in a professional setting. Therefore, all Contributions or any other information you share via the Online Platforms should not:

(A) Include any content that is slanderous, vulgar, indecent, offensive, harassing, or malicious.

(B) Endorse sexually explicit or pornographic material.

(C) Violate any patent, trademark, trade secret, copyright, or other intellectual property rights of others.

(D) Infringe the legal rights (including privacy rights) of others.

(E) Endorse any other illicit, immoral, or illegal activity (as determined at the discretion of Pattage).

11. SUPERVISION AND ENFORCEMENT

To uphold these Terms & Conditions and safeguard the integrity of the Online Platforms, we reserve the right to:

(A) Eliminate any Contributions for any reason or no reason, at our sole discretion.

(B) Take necessary legal action related to any illegal or unauthorized use of the Online Platforms or our Employee Recognition Services.

(C) Revoke or suspend your access to all or part of the Online Platforms for any violation, or suspected violation based on available evidence, of these Terms & Conditions.

Without limiting the aforementioned, we have the authority to fully cooperate with any law enforcement agencies or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Online Platforms.

12. LINKS TO EXTERNAL SOURCES & PARTIES

If the Online Platforms include links or plug-ins to other sites and resources offered by third parties (for example, sites where employee rewards can be redeemed), these links and plug-ins are provided solely for your convenience and for your voluntary visiting if you choose to do so.

We emphasize that we have no control over the content of those third-party sites or resources, and we bear no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any of the third-party websites linked to our Online Platforms, you do so entirely at your own risk and are subject to the terms and conditions for such websites.

13. DISCLAIMERS & LIMITATIONS

13.1 Warranty Disclaimers

ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND OTHER SERVICES PRESENTED ON, OR MADE AVAILABLE TO YOU BY PATTAGE AND THROUGH THE ONLINE PLATFORMS, AND THE ONLINE PLATFORMS THEMSELVES, ARE OFFERED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PATTAGE, ITS AFFILIATES, OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT ON THE ONLINE PLATFORMS.

14. GENERAL PROVISIONS

14.1 Complete Agreement

These Terms & Conditions represent the comprehensive and exclusive agreement between you and Pattage in relation to the Online Platforms and your utilization of our Employee Recognition Services.

14.2 Partition of Terms

If any clause of these Terms & Conditions is deemed invalid, illegal, or unenforceable by a court or other competent authority, that provision will be omitted or minimized to the least extent such that the remaining provisions of the Terms & Conditions will continue in full effect.

14.3 Jurisdiction & Law

All matters related to the Online Platforms and these Terms & Conditions, including any dispute or claim arising from or in connection with them (including non-contractual disputes or claims), will be governed by and construed under the laws of the State of California.

14.4 ADA Compliance

Pattage does not warrant or guarantee that the Online Platforms are compliant with the Americans with Disabilities Act (ADA) or the Unruh Civil Rights Act, as these platforms are primarily subscription-based and governed by our MSAs.

14.5 Contact Us

For inquiries about these Terms & Conditions or the Online Platforms, please contact:

Email: info@pattage.com