Customer-Specific Supplement

Effective Date: August 22, 2019

The terms of the Customer-Specific Supplement ("Customer-Specific Supplement") below supplement and amend the Terms of Service if you fall into the corresponding category of customer listed below. If there is any conflict between the Customer-Specific Supplement and the Terms of Service, the applicable terms in the Customer-Specific Supplement will prevail. Nothing in this Customer-Specific Supplement makes us a government contractor for any federal, state, local, or foreign government.

  1. U.S. Government Customers
  2. State or Local Government Customers
  3. Healthcare Customers
  4. Education Professional Customers

I. U.S. Government Customers

If you are a U.S. government or U.S. public entity (or use of the Services is for the U.S. Government), the terms of the Customer-Specific Supplement in this Section I apply.

Use By or For the U.S. Government. The Services are a "commercial item," as defined at 48 C.F.R. §2.101, and constitute "commercial computer software" and "commercial computer software documentation," as used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202 to §227.7204. This commercial computer software and related documentation is provided to end users for use, by and on behalf of the U.S. Government, with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Waiver. The sections in the Terms of Service titled "Governing Law; Dispute Resolution," and "Indemnification" are hereby waived to the extent they are inconsistent with federal law.

No Endorsement. We agree that your seals, trademarks, logos, service marks, trade names, and the fact that you have a presence on one of our Websites and use our Services, will not be used by us in such a manner as to state or imply that our products or services are endorsed, sponsored or recommended by you or by any other element of the U.S. Government, or are considered by you or the U.S. Government to be superior to any other products or services.

Except for pages whose design and content is under your control, or for links to or promotion of such pages, we agree not to display any of your seals or government seals, trademarks, logos, service marks, and trade names on our homepage or elsewhere on one of our hosted sites unless permission to do so has been granted by you or by another relevant federal government authority. We may list your name in a publicly available customer list on a Website or elsewhere so long as the name is not displayed in a more prominent fashion than that of any other third party name.

II. State or Local Government Customers

This Section II applies to you if you are a state or local government, but only to the extent the Services are being used by you in your official capacity as a state or local government official. The sections in the Terms of Service titled "Governing Law; Dispute Resolution," and "Indemnification" will not apply to you only to the extent your jurisdiction's laws prohibit you from accepting the requirements in those sections.

III. Healthcare Customers

This Section III applies to any Covered Entity as defined in the Health Insurance Portability and Accountability Act and related amendments and regulations as updated or replaced ("HIPAA"), unless you have entered into a written agreement with us to the contrary. You acknowledge that we are not a Business Associate or subcontractor (as defined in HIPAA) and that the Services are not HIPAA compliant. You must not submit, collect or use any "personal health information" as defined in 45 CFR §160.103 ("PHI"), with or to the Services. You agree that we have no liability for PHI received from you, notwithstanding anything to the contrary herein.

IV. Education Professional Customers

If you are a school or educator in the United States and want your students, who are over the age of 13, to use the Services, you are responsible for complying with the U.S. Family Educational Rights and Privacy Act ("FERPA"). This means you must notify those students' parents/guardians of the personally identifiable information that you will collect and share with us and obtain parental/guardian consent before your students sign up or use the Services.

When obtaining such consent, you should provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are located outside of the United States, we will rely upon you to obtain any required consents or approvals from the parent or guardian of any student covered by similar laws and, as a condition to your and your students' use of the Services, you will comply with such laws.


Questions

If you have any questions regarding this Customer-Specific Supplement, please contact us by email at tos@getharvest.com, or please write to the following address:.

Iridesco LLC, d/b/a Harvest
16 W 22nd St, Fl 8
New York, NY 10010
United States