Updated August 2023
We invite you to access our website at the direct web link https://cxo.codaxy.com/ and use the CxOrchestrator Services, but please note that your invitation is subject to your agreement with these Terms of Service.
These Terms of Service of the CxOrchestrator website (hereinafter: “Terms”) together with any documents referenced below (like our Privacy Policy) are, collectively, the “Agreement” and govern your access and use of our online workplace tools (hereinafter: “Services”). Please read them carefully as they are a legally binding contract between you and us. If you do not accept these Terms, then you may not use Services. Please also see our Privacy Policy which is part of this contract.
Throughout the site, the terms “we”, “us” and “our” refer to Codaxy d.o.o., with headquarters at the address Bulevar srpske vojske 17, 78000 Banjaluka, Bosnia and Herzegovina, which offers this website, including all information, tools and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
We reserve the right to update, change or replace any part of these Terms at any time in our sole discretion. Any changes to the Terms will be published on the website https://cxo.codaxy.com/ and will be made clearly visible on the same. Please make sure you review the modified Terms because if you continue to use the Services after we have posted modified Terms, you also agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore.
By agreeing to these Terms of Service, you represent and warrant that you are at least 18 years of age and competent to agree to these Terms. If we have previously prohibited you from accessing or using the Service and website, you are not permitted to access or use the Services and Website.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Company name: Codaxy d.o.o.
Company headquarters: Bulevar srpske vojske 17, 78000 Banjaluka, Bosnia and Herzegovina
Date of incorporation: 18.11.2010.
Court registration number: 57-01-0283-10
Tax number: 4403228680003
E-mail: privacy@codaxy.com
Telephone number: +387 51 922 710
Bank account: 5517202203979495
1.1. Codaxy d.o.o. is an IT company trusted by companies around the world. You can find more about us at the direct web link https://www.codaxy.com.
1.2. CxOrchestrator is our product which offers online workplace tools through its website intended to stimulate team productivity and collaboration but also to promote workplace culture by sharing knowledge, successes, and company updates through posts in order to keep everyone in the company included and informed.
2.1. Customer (or “you” or “your”) may be either the business entity or other organization that you represent or you as an individual accessing and using our Services.
2.2. If you use the Services as part of a demo period or a paid CxOrchestrator subscription plan by using your corporate email domain or are otherwise entering into CxOrchestrator subscription plan on behalf of a business entity or other organization, the Customer is the business entity or other organization on whose behalf you signed up. By signing up on behalf of a business entity or other organization, you represent and warrant that you have authority to bind such entity or organization to this Agreement.
2.3. If you signed up for a CxOrchestrator subscription to use the Services for your own, personal purposes unaffiliated with your work for your employer or other organization, you, as an individual, are the Customer.
2.4. Customer may invite and authorize individuals to access and use the Services (an “Authorized User”). If you are an Authorized user who signs up to use the Services in response to an invite you receive to join a workspace that some Customer created and configured for you, your use of the Services will be governed by the terms of the agreement concluded with the Customer. You also understand and agree that any content or information you provide through the Services will be owned by the Customer under the terms of the agreement concluded with the Customer. For purposes of these Terms, Customer and Authorized Users may be collectively referred as “Users”.
2.5. Customer is obliged to inform Authorized Users of all Customer policies and practices that are relevant to their use of the Services and lawful data processing.
2.6. The Service features and functionalities available to Customers and Authorized users are determined by the subscription tier.
3.1 Account Registration and Confidentiality. To access the Services for the first time you must create and maintain your CxOrchestrator account. The first user of the account is automatically assigned as the Account administrator (the “Admin”). You must provide accurate and complete information and promptly update this information in the event of a change. If you provide any information that is inaccurate or incomplete, or we reasonably believe that the information is inaccurate or incomplete, your account may be suspended or terminated. Only authorized users may use your account. You are responsible for all activities that occur through your account. To protect your account from unauthorized use, keep your user identification and password secure.
3.2 Unauthorized Account Use. You are responsible for notifying us at privacy@codaxy.com if you become aware of any unauthorized use of or access to your account and take all steps reasonably necessary to terminate the unauthorized use or breach. You will cooperate with and assist us to prevent or terminate unauthorized use of the Service. We will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by us or a third party due to someone else using your account. In the event that the Admin or Customer loses access to an account or otherwise requests information about an account, we reserve the right to request from the Admin or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
4.1. Ownership of CxOrchestrator Materials: Codaxy d.o.o. owns the Website and Services and its technical documentation related to the Services (collectively the “CxOrchestrator Materials”). We retain all right, title, and interest (including, without limitation, all patent, copyright, trademarks, trade secret and other intellectual property rights) in and to the CxOrchestrator Materials, all related and underlying technology and any updates, enhancements, upgrades, modifications, patches, workarounds, and fixes thereto and all derivative works of or modifications to any of the foregoing. There are no implied licenses and any rights not expressly set forth in these Terms are hereby expressly reserved by us.
4.2. Customer’s License to Us: As between us on the one hand and Customer and any Authorized User on the other, Customer will own all Customer Information. By submitting, posting, storing, or otherwise making Customer Information available through the Services, Customer for itself and all of its Authorized Users, grants us non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Information, only as reasonably necessary (i) to provide, maintain and update the Services, (ii) to prevent or address service, security, support or technical issues, (iii) as required by law or as permitted by privacy policy; and (iv) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Information from its Authorized Users as may be necessary to grant this license.
4.3. Usage Data: As we operate the Services, we collect data pertaining to Authorized Users’ interactions with the Services, including information about the performance of the Services and measures of the operation of the Services (“Usage Data”). Notwithstanding anything else to the contrary herein: provided that the Usage Data is aggregated and anonymized, and no personal identifying information of the Customer is revealed to any third party, the parties agree that Codaxy d.o.o. is free to use the Usage Data in any manner. We own all right, title, and interest in and to such Usage Data. For clarity, this section does not give us the right to identify Customer as the source of any Usage Data.
4.4 Feedback. The Website may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to us and share such Feedback with other users, or the public. We may want to incorporate this Feedback into its Services and this clause provides us with the necessary license to do so. By submitting Feedback through the Website, you grant us a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose and without obligation or restriction of any kind, except that we will not identify you as the provider of such Feedback. We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.
4.5 User Content and Feedback Representations. The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that we do not control, and are not responsible for, User Content or Feedback, and that by using the Services and/or Website, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you will indemnify, defend, and hold us harmless for all claims resulting from User Content or Feedback you submit through the Services and/or Website. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
5.1 License to Use and Access: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Services and Website only in a manner that complies with all legal requirements that apply to you or your use of the Services and Website, including the CxOrchestrator Privacy Policy and these Terms. We may revoke this license at any time, in our sole discretion.
5.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Services and Website. Disruption of the Service. You may not:
Misuse of the Services and Website. You may not utilize the Service and Websites to carry out, promote or support:
User Content Standards Within the Services and Websites. You may not post any User Content on the Service or Website that:
Violations of this Section 5. In addition to any other remedies that may be available to us, we reserve the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Services or Website, upon notice and without liability for us should you fail to abide by the rules in this Section 5 or if, in our sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, we reserve the right to notify the Customer’s Account Administrator or other Customer representative(s) of any violations of these Terms.
6.1. Fees: Customer will pay for access to and use of the Services (“Fees”) in accordance with the subscription tier. Fees are based on the number of Authorized User subscriptions you purchase during the Sign-up Process and/or through your Account Settings and not on actual use. We may modify our Fees or introduce new fees in our sole discretion. Customer understands that revised or new fees may be required by changes in our business or offerings. Any new or revised fees will only become effective on the renewal of your Subscription Period. If you agree to other payment terms with us, you will pay for your subscription to the Services according to the payment terms we (both parties) agree upon.
6.2. Payment: All information that you provide in connection with a purchase or transaction or other monetary transaction within the Services must be accurate, complete, and current. All Fees are due in advance of using or accessing the Services. All payments must be made via credit card and you authorize us to charge the Fees (and any other charges you may incur in connection with the Services to your provided payment instrument in on a periodic basis in accordance with these Terms and chosen subscription period. Customer is responsible for keeping its payment instrument and all associated information (such as the expiration date of a credit card) current at all times.
6.3. Taxes: Customer shall be responsible for all applicable taxes in connection with this Agreement including, but not limited to, sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties. Should any payment for the Service be subject to withholding tax by any government, Customer shall reimburse Codaxy d.o.o. for such withholding tax.
6.4. Overdue Fees: If you fail to pay any Fees, we may suspend your access to the Services pending payment of such overdue Fees. If you believe that we have charged your payment instrument incorrectly, you must contact us no later than ten (15) days after the date of payment, in order to receive an adjustment or credit. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not promptly update your payment instrument information, (i) we reserve the right to suspend your access to the Services until such time as payment is successfully settled, including past due payments, if any, and (ii) you authorize us to continue charging your payment instrument, as it may be updated. If your use of the Services exceeds the capacities or limits selected during the registration process or otherwise requires the payment of additional fees, you authorize us to charge such additional fees to your payment instrument.
6.5. Adding Authorized Users: Authorized Users that are given administrative permission by Customer may add Authorized Users at any time through the Services. Upon adding an Authorized User(s), we will charge your payment instrument for such Authorized User(s) at our then-current price for Authorized Users at the pro-rated rate for the remainder of the then-current Subscription Period. The number of Authorized Users purchased cannot be decreased during the Subscription Period; the number of Authorized Users purchased may only be decreased upon renewal.
6.6. New Services: During the subscription period we may offer new services or modules that are not included in the subscription plan you purchased; you may choose to purchase new services or modules through the Services as they become available but will not be required to do so.
For information about how we collect, use, and share the data we collect from and about you, please see our Privacy Policy which is incorporated by reference into these Terms.
In no case shall Codaxy d.o.o., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services and Website, or for any other claim related in any way to your use of the Service and Website, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service and Website or any content (or product) posted, transmitted, or otherwise made available via the Services and Website, even if advised of their possibility.
The information presented on or through the Services and Website is made available solely for general information purposes. We do not confirm the accuracy, completeness or usefulness of this information. Any reliance that you place on such information is strictly at your own risk.
You understand that we cannot and do not guarantee that files available for downloading from the Internet or our Services or Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service and Websites for any reconstruction of any lost data.
10.1. Third-party links and service and websites. The Service and Websites may provide (1) information and content provided by third parties; (2) links to third-party websites or resources, such as sellers of goods and services; and (3) third-party products and services for sale directly to you. We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.
10.2. Force Majeure. Except for Customer’s payment obligations, neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, war, terrorism, and governmental action.
10.3. Email Communications. All notices shall be provided by email, although we may instead choose to provide notice to Customer through the Services. Notices to us must be sent to privacy@codaxy.com and will be deemed to have been duly given (i) the business day after it is sent, in the case of notices through email; and (ii) the same day, in the case of notices through the Services.
10.4. Modification. We reserve the right to update, change or replace any part of these Terms at any time in our sole discretion. Any changes to the Terms will be published on the website https://cxo.codaxy.com/ and will be made clearly visible on the same. Please make sure you review the modified Terms because if you continue to use the Services after we have posted modified Terms, you also agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services and Websites.
10.5. Severability. If any provision of these terms of use is held to be unenforceable, such decision shall not affect the validity or enforceability of any other provision of these Terms. Any provision of these Terms of use held invalid or unenforceable shall, to the extent practicable, be substituted with a valid and enforceable provision that achieves the results contemplated by the parties in the original provision.
10.6. Applicable Law. We encourage you to contact us at privacy@codaxy.com if you have any complaints or disputes about the Services. If a dispute does arise out of these Terms or related to your use of the service, and it cannot be resolved by way of a discussion between us, the matter of the dispute shall be submitted to the exclusive jurisdiction of the courts of Bosnia and Herzegovina.
10.7. No waiver. If we or you at any time fail to require performance by the other of any provision of this Terms, such failure in no way affects the right to require such performance at any time thereafter, nor shall the waiver by either party of a breach or default under any provision of these Terms be construed to be a waiver of any subsequent breach or default under that provision or any other provision of these Terms.
10.8. Entire Agreement. This Agreement, including all attachments, exhibits, addendums, and any order form(s) hereunder, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings and agreements, whether written or oral, with respect to its subject matter. The parties are not relying and have not relied on any representations or warranties whatsoever regarding the subject matter of this agreement, express or implied, except for the representations and warranties set forth in this Agreement. To the extent of any conflict or inconsistency between the provisions of the Agreement and any order form, the Agreement shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order, vendor onboarding process, web portal, or any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
10.9 Applicability. This Agreement applies to you if you click a button indicating your agreement with the terms of this Agreement and you finalize the order.