End user license agreement
This copy of inSitu Sales and any of its submodules such as Sales, Marketing, Forms, Deliveries, Analytics and B2B e-commerce (‘the Software Product’) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. inSitu MOBILE SOFTWARE LLC or its subsidiaries, affiliates, and suppliers (collectively ‘inSitu’) own intellectual property rights in the Software Product. The Licensee’s (‘you’ or ‘your’) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (‘Agreement’).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE ‘ACCEPT’ OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT ‘DECLINE’ AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install, access and use the Software Product. This Agreement does not permit the use of multiple users on a single device in the mobile version of the Software Product. Multiple users are allowed to access the web version of the Software Product. For further information regarding the licensing of the Software Product, please contact:
Address: 600 Wilshire Blvd #500, Los Angeles, CA 90017
Phone Number: +1 (866) 577-2270
E-mail Address: firstname.lastname@example.org
Restrictions on Transfer
Without first obtaining the express written consent of inSitu, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any smartphone with more than one user. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any smartphone with more than the number of user permitted by license, or permit the use, copying, or installation by more users than the number permitted by license.
You may not decompile, ‘reverse-engineer’, disassemble, or otherwise attempt to derive the source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in your smartphone memory and not permanently affixed on storage medium.
Limited Software Product Warranty
For an unlimited period from the date that you download the Software Product and paying the license monthly fee, as applicable, inSitu warrants that when properly installed and used under normal conditions, the Software Product will perform substantially as advertised. inSitu makes no warranties on specific behavior of the Software Product in a specific smartphone device or browser.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY inSitu, inSitu MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
inSitu makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. inSitu makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. inSitu WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER, SMARTPHONE, TABLET OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL inSitu, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF inSitu OR ANY OTHER PARTY, EVEN IF inSitu IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS inSitu’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of inSitu. inSitu reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If inSitu is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the current monthly fee for the Software Product.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by inSitu to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold inSitu harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
If you are not satisfied with the product that you have purchased from us, you can get your money back no questions asked. Here are the terms:
- If you are using the product and you modify the subscription the application will automatically calculate a prorated refund on the licenses not used for the remaining of the period.
- If you cancel your subscription and you were not using the Software Product in the current and previous billing cycles you can get refunded up to 2 months for the month-to-month subscription. For the yearly subscription you can claim the non-used remaining time of the year until your billing cycle and up to two months prior if you were not using the application, however the months that were used will be charged as if they were month-to-month subscription.
- For any type of cancellation with a refund a 3% transaction fee will be deducted.
THIS REFUND POLICY APPLIES ONLY TO SUBSCRIPTIONS PURCHASED IN THE WEBSITE.
If you have any additional questions or would like to request a refund, feel free to contact us.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Who we are
inSitu Sales is an all-in-one solution for field sales, distribution and B2B e-commerce.
We respect your right to privacy and will only process Personal Information in accordance with applicable legislation in the US, EU and other countries where we offer our Services.
What personal data we collect and why we collect it
Information you provide
We collect information you provide when you sign up for an account of any of the inSitu Sales Services, enter any information into our Services, communicate with us, answer our surveys, upload content, or any other use of our Services. In order to provide the inSitu Sales to you, we need to process information provided below. In case you do not agree to provide us with the above-mentioned information, you will not be able to use inSitu Sales.
We may collect and receive the following information when you use inSitu Sales
- Identification Information: Your name and surname, your phone number, your email address, any username used to identify yourself in inSitu Sales.
- Payment Information: Information such as your debit or credit card number, card expiration date, CVV code and billing address.
- Other Information: Any other information which you supply us via our Services. This includes user location, the name, company name, address, phone number or email address and other information of your customers. When you provide us with Personal Information about your customers, we will only use this information for the specific reason for which it is provided, such as to make transactions, record activites, or visualize relevant information.
- We may collect data of your company by integrating to third party services you choose in order to streamline your field sales, distribution or B2B e-commerce.
We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Who we share your data with
We don’t share your data with anyone but you.
How long we retain your data
Your data and its metadata are retained indefinitely. This is so we can better serve you. You can request to delete all your data permanently by sending us a request to email@example.com.
What rights you have over your data
If you have an account with us, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
We use robust, state-of-the-art security measures to protect your information. We store your information on ‘cloud’ servers owned and operated by Amazon Web Services (“AWS”). AWS data centers undergo annual certifications to ensure they meet the highest standards of physical and virtual security. You can find more information on AWS security practices at http://aws.amazon.com/security/. AWS is also certified under the EU-US Privacy Shield. You can view their certification at https://www.privacyshield.gov/participant?id=a2zt0000000TOWQAA4.
Critical parts of our Services employ the highest level of security standards, from HTTPS SSL, encryption-at-rest to password encryption. These measures are intended to prevent the loss, misuse, and alteration of the information that we obtain from you.
We take all reasonable measures to help protect your Personal Information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction. inSitu secures your personal and company information from unauthorized access, use or disclosure. When personal or company information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
Children Under Thirteen
inSitu does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from inSitu by contacting us.
Changes to this Statement
inSitu will occasionally update this Statement of Privacy to reflect company and customer feedback. inSitu encourages you to periodically review this Statement to be informed of how inSitu is protecting your information.
Your contact information
To protect all data in a better and more efficient way, we also designated a Data Protection Officer (“DPO”). You can contact our DPO at the following email address: firstname.lastname@example.org
Written Inquiries can be sent to:
inSitu Mobile Software
600 Wilshire Blvd #500
Los Angeles, CA 90017 USA
Effective as of Feb 25, 2018