Please read these Terms of Service ("Terms") carefully before using the Useful EA platform and related tools ("Service") operated by CTO Resources LLC, a Washington state limited liability company ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Service.
2. Description of Service
Useful EA provides browser-based enterprise architecture tools, currently including the Capability Modeler. The Service allows users to create, store, visualize, and export business capability models and related artifacts.
The Service is provided in beta. Features may be added, changed, or removed at any time without notice.
3. Account Registration and Phone Verification
To create an account you must provide a valid email address and a mobile phone number. Your phone number will be used to send a one-time verification code via SMS at the time of registration. By providing your phone number you consent to receive this verification message.
You are responsible for maintaining the security of your account credentials. You agree to notify us immediately at support@useful-ea.com if you believe your account has been compromised.
4. SMS Messaging Program
Program description: We send a single SMS message containing a one-time verification code when you register for an account. We do not send marketing SMS messages.
Message frequency: One message per registration attempt.
Message and data rates may apply. Standard carrier rates for SMS and data apply and are your responsibility.
Opt-out: Because verification codes are required to create an account, opting out of SMS means you will not be able to complete registration. You may contact us at support@useful-ea.com to close your account at any time.
Help: For assistance, email support@useful-ea.com.
Supported carriers include but are not limited to: AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, Cricket, MetroPCS, and US Cellular. Carrier availability is not guaranteed for all mobile networks.
5. User Responsibilities
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable law.
- Attempt to probe, scan, or test the vulnerability of the Service or any system connected to it.
- Introduce malware, viruses, or other malicious code into the Service.
- Attempt to gain unauthorized access to any portion of the Service.
- Interfere with or disrupt the integrity or performance of the Service.
6. Data Security
We take reasonable technical and organizational measures to protect your data from unauthorized access, disclosure, alteration, and destruction. These measures include encrypted data transmission (HTTPS), access controls, and AWS security services.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CTO RESOURCES LLC, USEFUL EA, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:
- Loss of data, models, or any content stored in or uploaded to the Service;
- Business interruption or loss of business opportunity;
- Loss of revenue, profits, or anticipated savings;
- Costs of substitute services or data recovery;
- Damages arising from unauthorized access to, alteration of, or destruction of your data as a result of a cyberattack or security breach.
These limitations apply whether the claim is based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS (USD $100.00).
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND FOR ANY DATA YOU STORE WITHIN IT. WE STRONGLY RECOMMEND THAT YOU MAINTAIN INDEPENDENT BACKUPS OF ANY DATA YOU CONSIDER IMPORTANT, SUCH AS BY USING THE SERVICE'S CSV EXPORT FEATURE.
9. Indemnification
You agree to defend, indemnify, and hold harmless CTO Resources LLC, Useful EA, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any third-party rights.
10. Termination
We reserve the right to suspend or terminate your account at any time, with or without cause, and without liability to you. You may delete your account at any time by contacting us at support@useful-ea.com. Upon termination, your right to use the Service ceases immediately.
11. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in King County, Washington. You consent to personal jurisdiction and venue in those courts.
12. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms on this page with an updated effective date. Continued use of the Service after any changes constitutes your acceptance of the new Terms.
13. Contact
CTO Resources LLC
Operating as: Useful EA
State of incorporation: Washington
Email: support@useful-ea.com