Terms of Service
Last modified: September 13, 2023
By using our product, you must agree to these terms. Please read them carefully. If you do not agree to all the terms set out here, in whole or in part, do not install or attempt to use the services.
By using the software and/or services mentioned herein, you accept the terms of this agreement. By accepting the terms of this agreement, you acknowledge having read, understood, and agreed to the conditions contained herein.
You are solely responsible for using the services in a manner that complies with applicable laws, rules, guidelines, regulations, and any other requirements of governmental and regulatory authorities, including but not limited to laws relating to employment and privacy. You must not use the software or services mentioned herein in any way that violates the laws expressly permitted herein.
This is an agreement between you, the end user (“Licensee”) and Ingite (“Licensor”) for the use of workstation and other monitoring provided by Licensor through the website located at www.ingite.com (“Website”) and/or a client application (“Application”) licensed by Licensor. Licensor will make available to you a computer executable program to be installed on each computer of your employees to be monitored. You must comply with this End User License Agreement (“EULA” or “Agreement”) and all applicable Laws.
Granting of Leave
The Services and Software are protected by copyright laws and international copyright treaties, as well as other applicable intellectual property laws and treaties. In consideration of the payment of the License fee (if any, based on a chosen paid plan or even a free plan), which is part of the price paid for the use of the Services and Software, Licensor grants you, as Licensee, non-exclusive and non-transferable use to install the desktop agent application to monitor the exact contracted number of computers, based on the chosen plan. In addition, you can check all the data collected on the online dashboard without limits on the use of the product’s features. All rights not expressly granted herein are retained by Licensor. As permitted by this agreement, you agree not to reproduce, copy, modify, translate, reverse engineer, disassemble, decompile, or otherwise attempt or permit others to attempt to discover the source code of the Software, in whole or in part. You agree not to use the Software in any way to design or develop a competing product. You shall not sublicense, distribute, or otherwise make available the Software. You shall not permit any company, subsidiary, affiliated entities, or party not described herein to use the Software without the prior written permission of Licensor or conditions not covered by this EULA. You may propagate the documentation provided by Licensor, if you retain the source of the producer and the respective rights.
Software ownership
As Licensee, you may install the application (desktop agent) and view collected data on the dashboard made available by Licensor using the user interfaces provided (web or mobile, if any), but Licensor retains title and ownership of the distributed installer (desktop agent application) and any of these available applications.
Price and Payment
The monthly fees for the use of the Services will be determined by the chosen paid plan, if one of these is contracted. You must pay the License Fee within the period indicated on the applicable invoice sent or provided to you by Licensor. Licensor retains the right to increase the prices of the Product and/or Services. Invoices will be sent monthly via electronic mail or any other form that the parties to this agreement agree. When payment is made by credit card, Licensor will charge the selected credit card at the subscription rate according to the selected plan option, which may be charged monthly (renewed each month), semi-annually, or annually. Licensor may contract with payment gateways to handle all credit card processing. Licensor may keep (not required to keep) credit card information on its own servers, provided it is kept secure and under security covers granted by security certifications (e.g. PCI Security Standards). When payment is made via another payment method, Licensee will have fourteen (14) days from the invoice date to make full payment. No payment is required for the 15-day free trial.
Copying Restrictions
The Software, including but not limited to any and all databases, images, videos, audios and/or text embedded in the Software, are generated by Licensor based on data collected from the monitored computers. This EULA grants you rights to use information generated through collected data that may provide insights for your analysis according to the value propositions provided by the product, but it is your responsibility to make sure that the data is used correctly. If this Software contains documentation of any kind, you may print it out and use it in your own name, but you must retain the copyright and author of the documentation. You may not copy the printed materials accompanying the Software without retaining the relevant rights. You may not reverse engineer, decompile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in whole or in part. Licensor retains all right, title and interest, whether by copyright or common law, to all pages, graphics, databases, and code contained on its servers, generated by Licensor. Unauthorized copying of the Software, including modifications of the Software or programs into which the Software has been incorporated or included with other software products, is expressly prohibited. You may be held legally liable for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this EULA.
Use Restrictions
Based on the monitoring nature of the product, you grant the Licensor the rights to collect data from the monitored computers linked to the main account created. The Licensor is committed to protecting your data from being displayed to users of any account other than your own original account. In addition, you grant the Licensor rights to collect any business data to be displayed on the dashboard. However, the display of this type of data will only occur if previously authorized by you (through prior configuration or any other mechanism provided by Licensor). By doing so, you agree to correctly configure the necessary permissions to allow the correct behavior of the application based on your specific needs. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or Services without Licensor’s prior written consent. You may not modify, adapt, translate, or create derivative works based on the manual, Services or accompanying Software without the written consent of Licensor.
You, the owner of an account, are responsible for being committed to and compliant with the privacy policies in place in your environment and are fully responsible for ensuring that the monitored computers can actually be monitored and also for ensuring that you are not infringing on the privacy of any user who uses those respective computers.
Transfer Restrictions
The Software is licensed solely to you, as Licensee, and may not be transferred to anyone without the prior written consent of Licensor or any other procedure provided by Licensor. Any authorized transfer of the Software will be subject to the provisions of this EULA and applicable laws. You agree not to use the Services to design or develop competing services, software, documentation, or products. In no event may you transfer, assign, rent, lease, sell or otherwise dispose of the Software on a permanent or temporary basis, except as expressly provided in this EULA.
Update Policy
The Licensor may from time to time create a modified and updated version of the Software. These updated or modified versions will be automatically reflected for current users, i.e., they will be subject to using the system in an updated version at all times. Users may therefore notice minor changes to the user interface or the product’s own features.
Support Services
Licensor may, at its discretion, provide support services related to the Software (“Support Services”). Use of the Support Services, if any, is governed as described on Licensor’s website and in the online documentation and/or other materials provided by Licensor. With respect to technical information provided to Licensor as part of the Support Services, Licensor may use such information for business purposes, including, but not limited to, product support, development, and evolution. Licensor will not use such technical information provided by you in a way that personally identifies you, except as strictly necessary to provide you with proper and correct support.
End
The license(s) granted by this EULA shall be effective until terminated. The license(s) may be terminated by Licensor if you fail to comply with any provision of this EULA, including, but not limited to, any failure to pay the subscription fee. You may cancel your subscription at any time by notifying Licensor in writing or online. In the event of cancellation of a six-monthly or annual subscription, Licensor will not reimburse Licensee in any way, but will only block access and, after a period of time at Licensor’s discretion, delete the account and data. After the end of the license(s) (and without renewal), you will not be allowed to log in to the system or the data collected, and the desktop agent application must also be uninstalled from previously monitored computers.
Account deactivation
In the event of non-payment or rejected payment, your account will be marked as “Billing error” and your username and password will be deactivated on our servers, and you will no longer have access until the payment is up to date, with a period of 30 calendar days for verification and correction of this payment, after which time your account and its data may be deleted from the database. Failure to pay will be treated as a cancellation under this EULA. You should visit https://ingite.com and contact the support team to resolve the issue. If the problem is not corrected within ninety (90) days of the original default date, your account will be permanently deleted. You will remain liable for all incurred but unpaid charges. Accordingly, Licensor will only retain Licensee’s data for a period of ninety (90) days following cancellation, non-payment or rejected payment, at which time, if payment has not been made, Licensor reserves the right to delete any and all data stored on the servers. Your license to the Software terminates automatically if you fail to comply with the terms of this EULA.
Divisibility
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the smallest extent necessary to make that term enforceable, and the remaining portions of this agreement will remain in full force and effect.
No waiver
No waiver of any right under this EULA shall be deemed effective unless contained in a document signed by a duly authorized representative of the party opposing the stated waiver. No past or present waiver arising from any breach or failure to perform under this EULA shall be deemed a waiver of any future rights arising under this EULA.
Total Agreement
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes any and all prior agreements, proposals, negotiations, representations or communications relating thereto. Both Licensor and Licensee acknowledge that they have not been induced to enter this EULA by any statements or promises not specifically stated herein.
Confidentiality
Licensor will not share or disclose to third parties, except as required by law, any confidential user information, including, without limitation, username, password, data collected, without prior permission, except as reasonably necessary for Licensor’s corporate administration (i.e. merger, acquisition and other necessary corporate modifications or changes). Licensor is committed to keeping Licensee’s data secure and ensures that only Licensee can see its own data.
Disclaimer of warranties and limitation of damages
The software and services are provided by Licensor “as is” without warranty of any kind, including, but not limited to, the implied warranties of merchantability and fitness for a particular use. In addition, Licensor does not warrant or make any representations about the use or the results of the use of the services or software in terms of correctness, accuracy, reliability or otherwise. The entire risk as to the performance of the software is assumed by you. No oral or written advice or information provided by Licensor, Licensor’s agents, distributors, or employees shall create a warranty and you may not rely on such advice or information. You agree to indemnify and hold Licensor harmless against any and all loss, liability and/or damage, whenever and however sustained by you.
You acknowledge and agree that errors in the rendering of web pages and reports are possible. When such errors are identified, Licensor will correct them promptly. However, you agree not to hold Licensor liable in any way for such errors. To the maximum extent permitted by applicable law, in no event shall Licensor or its suppliers be liable for any consequential, incidental, direct, indirect, special, punitive or other damages arising out of or in any way connected with the use of or inability to use the services or product, whether based on contract, tort, negligence, strict liability or otherwise, even if Licensor or any supplier has been advised of the possibility of such damages. This exclusion of damages shall be effective even if any remedy fails of its essential purpose. In no event shall Licensor be liable for any claims arising out of the use of the services or software or arising out of this agreement in an amount that exceeds the amount of fees paid by you hereunder in the year preceding the event(s) giving rise to the claim.
If you have any questions about this EULA, or if you wish to contact Licensor for any reason, please send an email to sales@ingite.com or use any other means provided by Licensor.