Privacy Statement

INEIGHT PRIVACY STATEMENT (“PRIVACY STATEMENT”)

INEIGHT, INC., AND ITS SUBSIDIARIES (COLLECTIVELY, “INEIGHT”, “COMPANY”, “WE” OR “US”) UNDERSTAND THE IMPORTANCE OF PROTECTING THE INFORMATION PROVIDED TO US BY OUR CUSTOMERS, VENDORS AND OTHER BUSINESS PARTNERS AND ASSOCIATES (“YOU” OR “YOUR”).

This Privacy Statement explains how InEight uses, stores, discloses, and protects the Personal Information that we collect when you interact with us, online and otherwise, as well as your rights and choices regarding the information that we collect from you during those interactions, including on InEight’s website (www.InEight.com) and any other websites operated by or on behalf of InEight (collectively, the “Websites”) and our social media accounts (our “Online Activities”).

InEight is a U.S. based company with offices in Australia and Canada that engages in international business activities with our U.S. and international business clients. As a result, information that we collect when you interact with us, online and otherwise, may be transferred to our U.S. and other offices to permit us to comply with our legal and contractual obligations; to provide information, software products and services (including mobile apps), and related professional services (collectively, “Services”) to our prospective and current customers; and to perform related business activities. In addition, we may work with third-party service providers in the U.S. and in other countries to support our Services and business activities. Thus, Personal Information may be transferred to, stored on servers in, and accessed from the U.S. and countries other than the country in which you are located, and the available legal protections for that information may vary from those of the country from which you provided the information. In all such instances, we use, transfer, and disclose Personal Information solely for the purposes described in this Privacy Statement.

InEight complies with applicable international laws regarding the protection of Personal Information (“International Privacy Law”). For additional information, including with regard to Personal Information collected from EU-based individuals, see Our Compliance with International Privacy Laws below.

If you have any questions or concerns about this Privacy Statement or about InEight’s privacy and data security practices, please contact us at privacy@InEight.com or by postal or other delivery to:

Privacy Officer
InEight, Inc.
9977 N. 90th St., Ste. 250
Scottsdale, AZ 85258

For more information, please click on the headings and subheadings below that are marked with a “+”.  To see the full Privacy Statement, click here [expand all].

+ Information Collection Not Covered by this Privacy Statement

    This Privacy Statement does not apply to Personal Information that InEight collects and uses for employment-related purposes, whether through online or other activities by us or on our behalf by a third-party service provider. InEight has separate, internal privacy practices and notices with regard to personal information that is collected from prospective, current, and former employees in the employment context.

    This Privacy Statement does not apply to any Personal Information that might be collected and processed by InEight customers while using our Services. Each Customer is responsible for its own privacy practices and for independently determining whether, and to what extent, to use our Services for Personal Information. Our obligations to protect any Personal Information provided to us by our Customers are contained in our agreements with each Customer.

    This Privacy Statement does not apply to any Personal Information that might be collected from and about employees of our service providers who are acting on our behalf. Our obligation to protect Personal Information provided by and about employees of our service providers is contained in our agreements with each service provider.

    For purposes of this Privacy Statement, “Personal Information” means any information from or about a person that either identifies that person directly or that makes that person identifiable when it is combined with other information from or about that person from any source. This definition includes personal information that would be either “personal data” or “special categories of personal data” as those terms are defined in the EU General Data Protection Regulation 2016/679 (“GDPR”).

    “Business Contact Personal Information” is contact information that InEight’s employees, contractors, business partners, and third parties routinely make available for business-related communications during the course of a prospective or current business relationship. This definition includes the Personal Information typically provided on a business card, professional CV, or website profile when used for business contact purposes, including name, business affiliation(s), professional degrees and certifications, physical and email addresses, office and mobile telephone numbers, and social media identifiers. Although Business Contact Personal Information is a form of Personal Information, the risk of potential harm from its unauthorized use, sharing, and disclosure is significantly less than for other types of Personal Information and, as a result, security and privacy protections for Business Contact Personal Information may be different, and less, than for other forms of Personal Information.

    Personal Information becomes “Non-Personal Information” when it has been aggregated, deidentified, or otherwise anonymized sufficiently that the individual is no longer identified or identifiable and cannot be reidentified using reasonable efforts, resources, and technology. If we combine non-Personal Information with Personal Information, we treat the result as Personal Information in accordance with this Privacy Statement..

    +        Categories of Personal Information that We Collect when We Interact with You

    • Names
    • Physical addresses
    • Email addresses
    • Telephone numbers
    • Business Contact Personal Information
    • User IDs and passwords
    • Personal Information that you choose to share with us voluntarily when you ask a question, request follow-up, post or respond to an online comment, register for an event, contact our Sales or Support team, or otherwise interact with us
    • Identifiers of devices used to access the Websites and Services
    • Locations of devices used to access the Websites and Services

    +        Information that You Provide to Us Voluntarily

    If you choose to communicate with us, by completing an online form, by sending us an email, by requesting additional information, by registering for one of our events, by interacting with our Sales and Support staff, or by otherwise contacting us, we will collect whatever information, including Personal Information, that you choose to provide to us. We will combine that information with other information that we collect from and about you as described in this Privacy Statement.

    +        Information that We Collect Automatically When You Interact with Us Online

    +          Logs

    Our Websites and On-Line Activities automatically create logs about user sessions that provide us with information about the features that you use, the actions that you take, and the information that you access. When your session ends, InEight only retains that information in a statistical and aggregated format (non-Personal Information) that we use for protecting the security of our Websites, assessing the effectiveness of our Websites, Services (including Mobile Apps) and improving user experience.

    +          Cookies

    Cookies are small pieces of information transferred to your computer’s hard drive through your web browser to enable our systems to recognize your preferences and settings. Cookies collect information from and about the websites you visit, including ours, such as the type of search engine you use, the sections of the websites you visit, and other website usage information.

    Our Websites currently cannot process automated “Do Not Track” signals from your browser. Most browsers automatically accept cookies, but you may manually modify or disable the cookie acceptance function on your browser. For more information on modifying or disabling cookies, go to the “help” menu on your browser or to www.networkadvertising.org/choices/ or www.youronlinechoices.com. Our Websites may still be viewed if you choose to disable cookies, but your use and enjoyment of our Websites may be adversely affected.

    We use session cookies for Website use and function, and those cookies expire at the end of the session. We only use persistent cookies, which collect information that can be used on future visits to our Websites, to support Website activities for our vendors and Customers and employees, permit registered users to login, and provision of the Services. InEight may retain information from the session and persistent cookies in a statistical and aggregated format (Non-Personal Information) for research purposes, assessing the effectiveness of our Websites, and improving user experience.

    +          Analytics

    Our Websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google uses cookies to help us analyze how visitors use our Websites. The information generated by the cookie about your use of our Websites is generally transmitted to and stored on a Google server. Google will use this information for evaluating your use of our Websites, compiling reports on Website activity, and providing us with other analytic services relating to our Websites and Internet use.

    You may manage and opt out of Google’s use of cookies by visiting Google’s Ads settings and selecting the appropriate settings in your browser. However, please note that if you do so, you may not be able to use the full functionality of our Websites. Alternatively, you can prevent Google’s collection and use of data by downloading and installing the browser plugin available at: http://tools.google.com/dlpage/gaoptout?hl=en  and/or opt out by visiting www.networkadvertising.org/choices/ or www.youronlinechoices.com. For further information on Google’s terms of use and data protection/privacy, please see https://www.google.com/policies/privacy/, http://www.google.com/analytics/terms/us.html, and http://www.google.com/analytics/learn/index.html.

    We collect and retain information from Google Analytics in a statistical and aggregated format for research purposes, assessing the effectiveness of our Websites, and improving user experience.

    +        Information that We Collect From Other Sources

    Except with regard to your interactions with us and our service providers, online and otherwise, InEight does not collect Personal Information from or about you from third parties. InEight may obtain information, including Personal Information, from our business partners and service providers who provide services to you on our behalf for the purposes described in this Privacy Statement. In addition, we may review, collect, and use information that you post publicly about us or our activities on public-facing websites, social media platforms, blogs, or that you otherwise choose to make available to the public. Finally, while interacting with us, online or otherwise, you may provide information about another individual. We assume that you have the permission and authority to do so and to consent on behalf of that individual to our collection and use of Personal Information as described in this Privacy Statement, but we will delete such information if the affected individual contacts us at privacy@InEight.com or by postal or other delivery to:

    Privacy Officer
    InEight, Inc.
    9977 N. 90th St., Ste. 250
    Scottsdale, AZ 85258

    InEight does not collect, use, share, or disclose your Personal Information for anything other than the following lawful purposes:

    +      To establish and maintain contractual relationships with our customers

    • To establish relationships with new customers;
    • To fulfill our obligations to current customers; and
    • To contact customers regarding account-related issues and business communications, including technical notices, updates, security alerts, and administrative messages.

    +      To comply with our legal obligations

    • To demonstrate compliance with applicable privacy and data security law;
    • To comply with incident monitoring, reporting, assessment, and notification requirements; and
    • To comply with other applicable criminal and civil law and regulatory requirements under federal, state, and international law.

    +       To provide Services that you request and consent to receive:

    • To provide customer service and support;
    • To communicate with you, including responding to your comments, questions, and requests; and
    • To enable individuals, including our employees, to access and use our Services.

    +       To fulfill our other legitimate interests to the extent that they are not overridden by applicable law, including individual rights:

    • To administer, operate, maintain, and secure our Websites;
    • To monitor and analyze trends, usage, and activities in connection with our Websites and to conduct our business activities;
    • To investigate and prevent fraudulent transactions, unauthorized access to our Websites, and other illegal activities;
    • To verify compliance with our internal policies and procedures;
    • For accounting, record keeping, backup, and administrative purposes;
    • To customize and improve the content of our communications and Websites;
    • To provide information and education;
    • To receive information and feedback, including from employees, about our Services and business activities;
    • To provide, operate, maintain, improve, personalize, and promote our business activities; and
    • To market our Services (first-party marketing only; we do not provide Personal Information to third parties for use in marketing any non-InEight goods or services).

    To the greatest extent possible, we will use aggregated, deidentified, or otherwise anonymized data (i.e., Non-Personal Information) to accomplish these purposes, but if we do not, or if we combine Non-Personal Information with Personal Information, we will continue to treat it as Personal Information in accordance with this Privacy Statement.

    Except to the extent necessary to fulfill our business obligations, to accomplish one of the lawful purposes described in this Privacy Statement, or in response to your express instructions, we do not sell, transfer, or otherwise share or disclose Personal Information that we collect from or about you.

                          When We Have Your Express Consent

    We will share your Personal Information with companies, organizations, or individuals outside of InEight when we have obtained your prior express consent or when you have asked us, in writing, to do so.

                          When You Choose to Directly Share Your Information About Our Websites or Your Interactions with Us

    When you use our Websites, certain features may allow you to make your usage and information and our content accessible to the public, directly or through your accounts on social media platforms. We urge you to consider the sensitivity of any information prior to sharing it publicly or with other users.

                           When We Need to Share with Our Service Providers, Business Partners and Others to Accomplish Our Business Purposes as Stated in this Privacy Statement

    We may share your information with our service providers and other third parties who perform services on our behalf, such as analytics, and marketing and advertising, services]. InEight requires its service providers to maintain the confidentiality of information they receive from us and not to use it for any purpose other than the purpose for which InEight retained them.

                           When Necessary to Comply with Laws and Law Enforcement Requests or Otherwise to Protect InEight, Its Customers, and Individuals 

    We may disclose your information (including your Personal Information) to a third party if:

    • We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process, or governmental request;
    • To enforce our agreements, policies and terms of service;
    • To protect the security or integrity of InEight Services;
    • To respond to an incident involving Personal Information for which InEight has direct or indirect responsibility;
    • To protect the property, rights, and safety of InEight, our clients, or the public;
    • To prevent harm or illegal activities;
    • To respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person; or
    • To investigate and defend ourselves against any third-party claims or allegations.

                            When there is a Change or Transition in InEight’s Ownership or Control

    We may share or transfer your information (including your Personal Information) in connection with, or during negotiations of, any merger, sale of InEight assets, financing, or acquisition of all or a portion of our business to another entity. We will take reasonable steps to assure that any other entity involved continues to comply with the terms of this Privacy Statement. We will notify you of such a change in ownership or transfer of assets, to the extent we are able to do so, by posting a notice on our Websites.

    We may share Personal Information that has been aggregated, deidentified, or otherwise anonymized sufficiently that the individual is no longer identified or identifiable and cannot be reidentified using reasonable efforts, resources, and technology (i.e., Non-Personal Information). That Non-Personal Information is outside the scope of this Privacy Statement and applicable federal, state, and international privacy laws.

    • You may decline to share certain Personal Information with us, in which case we may not be able to provide you with some of the features and functionality of our Websites or fulfill your requests.
    • You may opt out of receiving InEight communications by using the unsubscribe link within each email. Note that, as long as you maintain an account with us or receive Services, you will continue to receive administrative messages from us regarding your account and the Services.
    • You may request information about, and access to, the Personal Information that we collect from you.
    • You may ask questions or make complaints about our privacy and data security practices with regard to your Personal Information.
    • You may ask us to correct, update, or delete Personal Information that we have collected about you.
    • You may ask us to stop processing your Personal Information
    • You may ask us for a copy of the Personal Information that we collected from you.
    • You may contact us with a question or complaint about this Privacy Statement or your Personal Information.
    • You may assert your legal rights with regard to our collection and use of your Personal Information under applicable federal, state, and international law.

    To exercise any of these options, or for additional information about this Privacy Statement and our privacy and data security practices, contact us at privacy@InEight.com or by postal or other delivery to:

    Privacy Officer
    InEight, Inc.
    9977 N. 90th St., Ste. 250
    Scottsdale, AZ 85258

    InEight uses reasonable organizational, technical, and administrative measures to provide a level of security appropriate to the risk associated with the Personal Information that we collect. We protect Personal Information under our control against – and require our service providers to also protect against – accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to, Personal Information that is transmitted, stored, or otherwise processed. Only authorized employees have access to the information that you provide, and that access is limited to least privileged, need to know access. InEight employees who have access to your Personal Information agree to maintain the confidentiality of that information.

    Unfortunately, no data transmission over the Internet or via email and no data storage system can be guaranteed to be 100% secure. If you have concerns about the security of your information with InEight, please contact us immediately at privacy@InEight.com or by postal or other delivery to:

    Privacy Officer
    InEight, Inc.
    9977 N. 90th St., Ste. 250
    Scottsdale, AZ 85258

    InEight retains Personal Information in accordance with our records management practices and only as long as necessary to accomplish the business purpose for which it was collected and to comply with our legal and contractual obligations, and then we securely dispose of that Personal Information or convert it to Non-Personal Information by aggregating it, de-identifying it, or otherwise anonymizing it so that it does not directly or indirectly identify an individual and cannot, with reasonable efforts, resources, and technologies, be used to re-identify an individual.

    Our Websites, business activities, and Services are not directed to or intended for use by anyone under the age of 16. We do not knowingly collect Personal Information from anyone under the age of 16. If we become aware that a child under the age of 16 has provided us with Personal Information, we will take steps to delete that information. If you become aware that a child under the age of 16 has provided us with Personal Information, please contact us at

    privacy@InEight.com or by postal or other delivery to:

    Privacy Officer
    InEight, Inc.
    9977 N. 90th St., Ste. 250
    Scottsdale, AZ 85258

    Our Websites, like our business activities, are global, and InEight does not use them to intentionally target, focus on collecting information from, or otherwise profile individuals located in the EU Member States, Iceland, Lichtenstein, Norway, Switzerland, or other jurisdictions subject to GDPR (collectively, “GDPR Jurisdictions”). To the extent that our Websites and business activities result in transfers of Personal Information from the EU to the U.S. or another non-GDPR Jurisdiction, all such transfers are consistent with the practices and lawful purposes described in this Privacy Statement, or otherwise comply with the written request of, or with the prior consent of, the affected individual(s).

    Generally, to the extent, if any, that InEight receives Personal Information collected in the EU and transferred to the U.S. or to another non-EU country under circumstances that are within scope of GDPR, InEight will

    • Enter into appropriate data transfer and data processing agreements that incorporate the EU Standard Contractual Clauses or another EU-compliant data transfer mechanism, and
    • Require any vendors or third parties to which InEight transfers that Personal Information for lawful purposes to i) enter into appropriate data transfer and data processing agreements that incorporate the EU Standard Contractual Clauses or other EU-compliant data transfer mechanism and ii) commit to imposing the same requirements on any further transfer of that Personal Information.

    In those instances, individuals whose Personal Information is transferred in compliance with the EU Standard Contractual Clauses or other EU compliant data transfer mechanism may have additional legal rights beyond those described in this Privacy Statement. For more information about the EU Standard Contractual Clauses, see https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en.

    For questions about whether your Personal Information is subject to GDPR or other International Privacy Laws and whether you might have additional rights, contact us at privacy@InEight.com or by postal or other delivery to:

    Privacy Officer
    InEight, Inc.
    9977 N. 90th St., Ste. 250
    Scottsdale, AZ 85258

    California Civil Code Section 1798.83 permits  users of our Websites who are California residents to request certain information regarding our disclosure of their Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at privacy@InEight.com or by postal or other delivery to:

    Privacy Officer
    InEight, Inc.
    9977 N. 90th St., Ste. 250
    Scottsdale, AZ 85258

    The Websites may contain links to websites of other parties for your convenience only. Except to the extent that the link to the third-party website is provided to obtain InEight services from one of its service providers, InEight does not control these third-party websites or their privacy practices, and does not endorse or make any representations about the websites. Any Personal Data you choose to give to these websites are not covered by this Privacy Statement, and InEight encourages you to review the policies and practices of each website before using it.

    InEight may change and update this Privacy Statement from time to time, including materially changing the use made of Personal Information described herein.

    Questions, Complaints, and Additional Information

    If you have questions, complaints, or concerns about this Privacy Statement, your Personal Information, or our use and disclosure practices, or you wish to exercise your options as described in this Privacy Statement, please contact us at privacy@InEight.com or by postal or other delivery to:

    Privacy Officer
    InEight, Inc.
    9977 N. 90th St., Ste. 250
    Scottsdale, AZ 85258

     


    Effective Date:  August 12, 2019

    Last Updated:  N/A

    TERMS OF USE

    THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“USER” OR “YOU”) AND INEIGHT INC. (“INEIGHT”) WITH RESPECT TO YOUR ACCESS OR USE OF THE INEIGHT ON-PREM AND SAAS SOFTWARE PRODUCT(S) AND SERVICES and/or www.ineight.com website and any other online sites hosted by InEight (thE “SITES”), WHICH sites AND INEIGHT ON-PREM AND SAAS SOFTWARE PRODUCT(S) AND SERVICES ARE collectively REFERRED TO BELOW AS THE “INEIGHT SOFTWARE PRODUCTS”.

    INEIGHT LICENSES AND/OR GRANTS USE OF ITS SOFTWARE PRODUCTS TO ENTITIES (“CUSTOMERS”) THAT HAVE EXECUTED A SEPARATE AGREEMENT WITH INEIGHT (A “SOFTWARE AGREEMENT”).  ONLY A CUSTOMER WHO HAS EXECUTED A SOFTWARE AGREEMENT AND SUCH CUSTOMER’S AUTHORIZED USERS MAY ACCESS AND USE INEIGHT SOFTWARE PRODUCTS.

    YOUR USE OF THE INEIGHT SOFTWARE PRODUCTS IS GOVERNED BY (1) THE SOFTWARE AGREEMENT BETWEEN INEIGHT AND YOUR EMPLOYER OR INEIGHT’S CUSTOMER (AS APPLICABLE) TO WHICH YOU’RE AN AUTHORIZED USER, AND (2) THESE TERMS. IF YOU ARE USING A FREE TRIAL VERSION OF THE INEIGHT SOFTWARE PRODUCTS, YOUR USE OF THE INEIGHT SOFTWARE PRODUCTS IS GOVERNED BY THESE TERMS (AND A TRIAL USE AGREEMENT AS APPLICABLE).  IN THE EVENT OF A CONFLICT BETWEEN ANY APPLICABLE SOFTWARE AGREEMENT AND THESE TERMS, THE SOFTWARE AGREEMENT WILL TAKE PRECEDENCE. 

    YOUR RIGHT TO ACCESS AND USE OF THE INEIGHT SOFTWARE PRODUCTS IS CONDITIONED UPON YOUR ACCEPTANCE OF THESE TERMS (INCLUDING THE FOREGOING).  IF YOU DO NOT ACCEPT THESE TERMS SUBJECT TO THE FOREGOING, YOU MAY NOT ACCESS OR USE THE INEIGHT SOFTWARE PRODUCTS AND YOU MUST DELETE ANY COPIES OF THE INEIGHT SOFTWARE PRODUCTS FROM YOUR SYSTEMS.

    Intellectual Property Ownership

    Any and all intellectual property rights associated with InEight Software Products, including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade secrets, copyrights and patents (“Intellectual Property”), are the sole property of InEight or its third-party licensors, and may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except for the limited use of the InEight Software Products as provided in these Terms, InEight does not grant to you any express or implied use or licenses or other rights to InEight’s or any third party’s Intellectual Property. You may use the InEight Software Products only for your personal/internal business purposes. InEight’s Intellectual Property in InEight Software Products is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in these Terms.

    Copyright in the information contained in InEight Software Products is established under the relevant copyright laws and applicable international treaties, and such information is owned by InEight or its licensors. All rights are reserved. Except as permitted under relevant copyright laws or other laws, no part of InEight Software Products may be reproduced, modified or transmitted in any form by any process without the express written consent of InEight.

    User Responsibilities/ Acceptable Use

    To the extent you are permitted access to the InEight Software Products, you are required to comply with the applicable Software Agreement and these Terms.  You shall not enable others to access the InEight Software Products under your access credentials. You must notify InEight in the event that you become aware of any violation of these Terms concerning the use of the InEight Software Products.  You are responsible for any and all violations of these Terms by anyone accessing the InEight Software Products through your access ID/login.  InEight reserves the right to make necessary unscheduled deployments of changes, updates or enhancements to the InEight Software Products at any time, and to terminate your access and use of the InEight Software Products at any time for any reason or no reason, without any liability.

    If you are accessing a free trial version of the InEight Software Products, you may only use such trial version of the InEight Software Products during the trial period for the purpose of evaluating the InEight Software Products and not for any commercial purpose.  InEight may terminate your access to the trial version and the trial version may automatically cease operation at any time, without notice.   

    You must: (1) provide all equipment necessary for accessing and utilizing the InEight Software Products; and (2) provide for your own access to the World Wide Web and pay any telephone service and any other fees or charges associated with your access.

    You understand and agree that you are solely and entirely responsible for any and all activities that occur under your user login. You agree to immediately notify InEight of any unauthorized use of your login or any other breach of security of which you are aware. In the event of any such unauthorized use by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use.  You will provide InEight with such cooperation and assistance related to any such unauthorized use as InEight may reasonably request.

    You agree that you will use the InEight Software Products in a manner that complies with all applicable, international, federal, state, provincial and local laws, as well as InEight’s Privacy Statement (available on InEight’s website www.InEight.com) and any other policies or user guides distributed in connection with the InEight Software Products. Subject to InEight’s obligations under its Privacy Statement, you acknowledge that you are solely responsible for any information or materials (“User Materials”) that you upload, download, transmit or otherwise process using the InEight Software Products.

    You shall not: (i) resell, rent, lend, lease, distribute, or timeshare the InEight Software Products (including on a “service bureau” basis) or otherwise provide third parties with access to or grant third parties rights to the InEight Software Products; (ii) circumvent or otherwise interfere with any authentication or security measures of the InEight Software Products or access the InEight Software Products other than through approved means; (iii) interfere with or disrupt the integrity or availability of the InEight Software Products; (iv) send SPAM or any other form of duplicative and unsolicited messages through the InEight Software Products; (v) design or create a program, environment or application substantially similar in function to the InEight Software Products; (vi) violate any online help files or written instruction manuals and all other materials regarding the InEight Software Products provided by InEight to you (“InEight Documentation”); (vii) transmit material containing software viruses or other harmful or deleterious computer code, files, scripts, agents, or programs; (viii) deceive or defraud third parties; (ix) defame, abuse, harass, or otherwise violate the legal rights (such as rights of privacy) of others, or publish, post, upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful material or information, (x) use the Sites to advertise or perform any commercial solicitation, or (xi) otherwise in any way, or in connection with any activity, that is unlawful, illegal, fraudulent or harmful, or violates any laws or any rights of third parties. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the InEight Software Products.

    Privacy

    In order to operate and provide the InEight Software Products we collect certain information about you, and may also automatically upload information about your computer or device, your use of the Products, and performance thereof. We use and protect that information as described in our Privacy Statement. For detailed information regarding InEight’s use of your information please read our Privacy Statement found at www.InEight.com. You further acknowledge and agree that we may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of InEight or our customers, including the enforcement of our agreements or policies governing your use of the Products; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of InEight employees, customers, or the public. We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the InEight Software Products as part of our efforts to protect the InEight Software Products, protect our customers, or stop you from breaching these Terms. The technology or other means we use may hinder or break your use of the InEight Software Products.

    Security

    You are prohibited from violating or attempting to violate the security of the InEight Software Products (Products) and Sites, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network (including, without limitation, via means of submitting a virus to the Sites or Products, overloading, flooding, spamming, mail bombing or crashing); (d) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Products or any activity being conducted on the Site; or (e) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site or Products other than generally available third party Web browsers.

    Termination

    In the event that you violate any provision of these Terms or fail to pay fees due InEight for use of the InEight Software Products, then InEight may immediately terminate these Terms and your access and use of InEight Software Products.

    WARRANTY DISCLAIMER

    YOUR USE OF THE INEIGHT SOFTWARE PRODUCTS IS SUBJECT TO ALL WARRANTY DISCLAIMERS SET FORTH IN THE SOFTWARE AGREEMENT AND THE FOLLOWING DISCLAIMER.

    INEIGHT MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY INFORMATION PROVIDED IN ITS SITES OR ANY TRIAL VERSION OF the INEIGHT SOFTWARE PRODUCTS OR ANY THIRD PARTY PRODUCTS PROVIDED WITH THE INEIGHT SOFTWARE PRODUCTS.

    EXCEPT AS EXPRESSLY PROVIDED UNDER THE APPLICABLE SOFTWARE AGREEMENT, InEight SOFTWARE PRODUCTS, INEIGHT DOCUMENTATION AND ALL OTHER MATERIALS, PRODUCTS AND SERVICES PROVIDED BY INEIGHT ARE PROVIDED “AS-IS” AND “AS-AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INEIGHT DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. INEIGHT DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. INEIGHT AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF INEIGHT SOFTWARE PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. INEIGHT CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE INEIGHT SOFTWARE PRODUCTS. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS INEIGHT’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

    YOU UNDERSTAND AND AGREE THAT ANY MATERIALS DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF INEIGHT SOFTWARE PRODUCTS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH MATERIAL.

    LIMITATION OF LIABLITY

    YOUR USE OF THE INEIGHT SOFTWARE PRODUCTS IS SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT AND THE FOLLOWING LIMITATIONS OF LIABILITY.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INEIGHT, ITS AFFILIATES, OR ANY OF ITS OR THEIR LICENSORS, PARTNERS, SERVICE PROVIDERS OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “INEIGHT PARTIES”) BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE INEIGHT SOFTWARE PRODUCTS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF INEIGHT WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT SHALL THE TOTAL COLLECTIVE LIABILITY OF INEIGHT PARTIES FOR ALL CLAIMS UNDER OR IN ANY WAY RELATED TO THESE TERMS EXCEED THE AGGREGATE FEES PAID BY YOU UNDER THESE TERMS IN THE TWELVE MONTHS PRECEEDING THE EVENTS GIVING RISE TO THE CLAIM.

    Indemnity

    You agree to indemnify and hold InEight and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your use of InEight Software Products, or User Materials you submit, transmit, store, upload or download through InEight Software Products.

    Export

    InEight Software Products may be subject to international trade laws as well as export control laws and regulations of the United States and other jurisdictions, including without limitation the U.S. Export Administration Regulations, and International Traffic in Arms Regulations.  Each Party shall comply with all laws and regulations applicable to its use, transfer or export of the InEight Software Products.  You certify that you are not restricted from making or receiving U.S. exports, you are not on the U.S. government denied party list and will not permit users to access or use the InEight Software Products in a U.S. embargoed country or in violation of any applicable international trade restriction or export laws or regulations.  You shall not engage in activity that would cause InEight to be exposed to risk of sanctions, prohibitions, or designation pursuant to U.S. or other applicable export or economic sanctions/trade laws and regulations.  You agree to indemnify and hold InEight harmless for any and all expenses incurred by reason of your violation of these and any other applicable laws.

    Assignment

    You may not transfer or assign your access or use of the InEight Software Products. InEight may freely assign any of its rights and obligations.  Any assignments in violation of the foregoing shall be null and void.

    Entire Agreement

    These Terms (and any associated Service or Sales Order issued by InEight) shall constitute the understanding between you and InEight with respect to the terms set forth herein relating to use of the InEight Software Products. The terms and conditions contained in these Terms may not be modified by you.  InEight may modify these Terms upon written notice to you including through posting such in the Sites or Products. You are bound by any such revisions and should periodically visit this Sites or Products to view the current Terms.

    Applicable Law

    These Terms and any dispute, claim or controversy arising therefrom shall be governed by the laws of the State of Delaware, US, for all users, except those located in Australia in which case the governing law shall be Victoria, Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

    ACKNOWLEDGMENT

    YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND SUCH HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT.

     


    Effective Date:  August 12, 2019

    Last Updated:  N/A