This Subscription Agreement (“Agreement”) is a binding agreement between you (and the business you are authorized to represent) (“Subscriber” or “you”) and Commercial Credit App (“we,” “us,” “our”), a platform provided by Allianz Trade Americas in partnership with Allianz Trade. This Agreement governs your free trial and any subsequent purchase and use of our proprietary software platform, products, and services (the “Services”).
By clicking the "Start Free Trial" button or using the Services, you: (a) acknowledge that you have read, understand, and have the authority to enter into this Agreement; (b) represent that you are of legal age to enter into this Agreement; and (c) accept this Agreement and agree that you and your business are legally bound by its terms. If you do not agree with this Agreement, do not use the Services.
If you are a competitor, you may not access the Services for benchmarking, monitoring, or any other competitive purposes. We reserve the right to terminate any Services if we determine, in our sole discretion, that they are being used by a competitor.
If you register for a free trial, we will make the Services available to you free of charge until the earlier of (a) the end of the agreed-upon trial period, or (b) the start date of any purchased subscription. DURING THE FREE TRIAL, THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.
Subject to the terms of this Agreement, during the Term, we grant you a limited, non-exclusive, and nontransferable license to access and use the Services.
You shall not:
The Services are licensed, not sold. We reserve all rights, title, and interest in and to the Services, including all intellectual property rights, except as expressly granted to you in this Agreement.
Services are for designated Users and cannot be shared but may be reassigned to new Users who replace former ones. Additional Users may be added during the Term, prorated for the remainder of the Term.
We will use commercially reasonable efforts to make the Services available 24/7, except for planned downtime (with at least 8 hours notice, where practicable), emergency maintenance, or any unavailability caused by a Force Majeure Event.
We will provide basic support for the Services and will provide the Services only in accordance with Applicable Laws.
You are responsible for your Users’ compliance with this Agreement, the accuracy and legality of User Data, and preventing unauthorized access to the Services.
Your use of any third-party products or services is solely between you and the applicable provider. We do not warrant or support third-party products or services. If you enable third-party applications, you acknowledge we may allow them to access User Data as required for their interoperation with the Services. We are not responsible for any disclosure, modification, or deletion of User Data by third-party providers.
You agree to pay all Fees specified when you purchase a subscription. Fees are billed in advance, are non-cancelable, and are non-refundable. Your subscription will automatically renew unless terminated in accordance with this Agreement.
Payments will be processed via credit/debit card or another mutually agreed-upon method. You are responsible for maintaining complete and accurate billing information. We reserve the right to charge interest on any unpaid, past-due Fees.
If Fees are ten (10) or more days overdue, we may suspend your access to the Services until all amounts are paid in full.
Our Fees do not include any taxes, levies, or duties.
We own all rights, title, and interest in the Services.
You own all rights, title, and interest in your User Data. You grant us the right to use User Data to provide the Services. We may de-identify and aggregate User Data (“Aggregated Data”) for research, development, and other lawful business purposes, provided no User is identified as the source.
You grant us a non-exclusive, royalty-free, worldwide, perpetual license to use or incorporate any suggestions or feedback you provide.
We will maintain appropriate administrative, physical, and technical safeguards to protect the security and integrity of the Services and User Data.
A Receiving Party will use the Disclosing Party’s Confidential Information solely in connection with the Services and will maintain its confidentiality. A Receiving Party may disclose Confidential Information if compelled by law, provided it gives the Disclosing Party prior notice (if legally permitted).
We warrant that the Services will perform materially in accordance with the Documentation.
You warrant that you have the right to provide all User Data and that it will not infringe upon third-party rights.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT YOU PAID HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. NEITHER PARTY SHALL BE LIABLE FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
We will defend you against any claim by a third party alleging that the use of the Services infringes their intellectual property rights and will indemnify you for any damages finally awarded.
You will defend us against any claim by a third party alleging that your User Data or your use of the Services in breach of this Agreement infringes their intellectual property rights or violates Applicable Law.
If you do not purchase a subscription before the end of your free trial, this Agreement will terminate at the end of the trial period.
Subscriptions commence on the purchase date and automatically renew for additional periods equal to the initial term or one year (whichever is shorter) unless either party gives at least thirty (30) days’ notice of non-renewal.
Either Party may terminate this Agreement for cause upon 30 days’ written notice of a material breach if the breach remains uncured.
If you terminate for our breach, we will refund any prepaid fees for the remainder of the Term. If we terminate for your breach, you will pay any unpaid Fees for the remainder of the Term.
Sections 1, 4, 5, 9, 10, 11.2, 12, 13, 14.4, 15, and this Section 14.5 shall survive termination.
All notices shall be in writing. Notices to you will be addressed to your designated system administrator.
This Agreement will be governed by the laws of California, without regard to its principles of conflicts of law.
The Parties will first attempt to resolve any dispute informally. All disputes shall be finally settled by arbitration in Los Angeles, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
The Parties are independent contractors.
Neither Party shall be liable for delay or failure to perform due to causes beyond its reasonable control (e.g., acts of God, pandemics, labor disputes).
If any provision is held to be contrary to law, it shall be modified to accomplish the objectives of the original provision, and the remaining provisions will remain in effect.
You may not assign your rights or obligations without our prior written consent.
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements. No modification shall be effective unless in writing and signed by both Parties.
Commercial Credit App ("we," "us," "our") is a platform provided by Allianz Trade Americas in partnership with Allianz Trade. We are committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Services. This policy is incorporated into and is subject to our Terms of Service.
By using the Services, you agree to the collection and use of information in accordance with this policy.
We collect information that you provide directly to us, information we collect automatically when you use our Services, and information from third parties.
We use the information we collect for various purposes, including:
We do not sell your personal information or User Data. We may share your information in the following limited circumstances:
We implement and maintain appropriate administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of your information, as described in Section 11.1 of our Terms of Service. However, no electronic transmission or storage is 100% secure, and we cannot guarantee its absolute security.
We will retain your information for as long as your account is active or as needed to provide you with the Services. We will also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA). These include the right to:
To exercise these rights, please contact us at alex@commercialcreditapp.com. We will need to verify your identity before processing your request.
Our Services are not intended for use by anyone under the age of 18. We do not knowingly collect personally identifiable information from children. If you become aware that a child has provided us with personal information, please contact us.
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. You are advised to review this Privacy Policy periodically for any changes.
If you have any questions about this Privacy Policy, please contact us at: alex@commercialcreditapp.com