By accessing the InfinCE website, web, and mobile app, you acknowledge that you have read, understood and agree to be bound by our terms and conditions.
Welcome InfinCE users!
This Terms of Use agreement governs the use of and access to InfinCE, a cloud-based business process management solution for enterprises (“Services”), provided by Fingent Corporation and its affiliates (“Fingent,” “we,”“us”or “our”). By using our Services, you agree to be bound by these Terms of Use.
You need to sign up for a User account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for internal use, all internal users of your organization need to provide user account details. You agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.
If you connect to any Services through a third-party service, you grant us permission to access, use, and store your information, such as login credentials, for that service, as permitted by its policies.
All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
As a User, you are responsible for all activities that occur under your account. You shall not share your password with any third party. You may not transfer your account to any third party without our prior written consent. You accept all risks of unauthorized access to your User Content or other information you provide Fingent.
You agree to notify Fingent immediately of any actual or suspected unauthorized use of your account or any other breach of security. Fingent will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by Fingent or any third party due to someone else using your account or password.
Fingent is concerned about the safety and privacy of all its Users, especially children. For this reason, children (under the age of 18) are not permitted to use this service without the supervision of an adult or legal guardian.
All parties involved should exercise caution and discretion before sharing any credit card information, passwords, account numbers, or any other relevant personal information. User acknowledges and agrees that Fingent will not be held responsible or liable for any content posted by Users or for any communication or dispute that arises between User or any third parties.
You must use the Services in compliance with these Terms of Use. You, the Subscriber, are responsible for the use of the Services by all authorized Users under your account. If you violate the following Acceptable Use Policy or authorize or help others to do so, we reserve the right at all times, but are not obligated to, remove User content, suspend or terminate a User’s use of the Services, or report Users to law enforcement. Our reporting may include disclosing appropriate customer information.
Content Standards: You may not use, or encourage or help others to use, the Services or Website to transmit, store, display, distribute or make available content that does any of the following:
Without limiting the foregoing, you may not access or use any Services without permission, or use, try to use, or help anyone else use these Services to
To report any violation of this Acceptable Use Policy, please get contact us at [email protected]
User agrees to pay the fees in effect for your subscription at the time you purchase or renew it. Current pricing for subscription plans is available on the Website. User shall provide a valid, up-to-date credit card number or other payment information on request. Charges must be paid in advance, either annually or in accordance with any different billing frequency stated in the applicable order. If we do not receive any payment when due, we may suspend your access to the Services. We reserve the right to modify our fees, at the end of any plan period, upon sixty (60) days’ prior notice to Subscribers.
You may purchase Consulting Services by placing an order with us. Unless we otherwise agree, we deliver Consulting Services in English and perform them remotely. Fees for Consulting Services are in addition to your subscription fee for InfinCE. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.
You must reimburse us our reasonable costs for all expenses incurred in performing Consulting Services on site. Any invoices or other requests for reimbursements will be payable within thirty (30) days of the date of the invoice.
The terms governing any deliverables included in Consulting Services will be described in a Statement of Work for those deliverables. We might provide some or all elements of the Consulting Services through third-party service providers. Fees for Consulting Services are non-cancellable and non-refundable.
We might provide some or all elements of the Consulting Services through third-party service providers. Fees for Consulting Services are non-cancellable and non-refundable.
The services may incorporate or integrate with one or more third-party applications. Fingent’s use of a third-party application does not constitute an endorsement of it. We do not have or claim to have control over them and do not claim to know their capabilities or deficiencies. Fingent will and does not assume responsibility for any vulnerabilities, accuracy, reliability, of the content of information or data or the functionality provided by a third-party application.
In the same vein, Fingent will not be held accountable for the content of third-party websites, any links within these websites, or any changes or updates to third-party tools or applications.
When you use a third-party application, service, or software, you must ensure your compliance with their terms of service, end-user license agreements, privacy policies, and any other pertinent requirements. Fingent disclaims any direct or indirect responsibility or liability for any damages or losses, whether actual or alleged, arising from or related to your use of or reliance on any third-party software, content, or services accessible through our platform. This includes, but is not limited to, potential loss of profits, revenues, business opportunities, or goodwill resulting from the use of such third-party applications.
Fingent shall take appropriate commercially reasonable, administrative, physical and technical safeguards and measures designed to address the security, confidentiality and availability of the Services and its support services. All Customer data stored or at rest in the Data Centers, or in transport, will be encrypted in transport and will not be transferred to any other hosting entity or location without the prior written consent of Customer.
We take technical and organizational measures to ensure the security and protection of any personal or sensitive data shared or processed during the term of this Agreement. The collection and use of personal data while providing the service is in accordance with the Infince Cloud Service Privacy policy, available at
https://www.infince.com/privacy-policy/
The US Children’s Online Privacy Protection Act 1998 requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age. If you are a child under 13 years of age, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us with personal information, please contact us.
All intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, (collectively, “Content”) are owned by Fingent and its licensors or other providers of such material, and shall be subject to the terms and conditions of this Agreement. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. You agree not to copy, modify, create any derivative works of, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, lease, loan, grant a security interest in or otherwise transfer any right in any part of the Content. You shall not access or use the Content for the purpose of developing any similar websites, products, or services.
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners. You as User grant Fingent a non-exclusive license during the term of this Agreement to use, process, store, and display User Content solely to improve the User service. You as User represent and warrant that you own or have obtained the rights to all of the intellectual property rights subsisting in the User Content, and User has the right to provide Fingent the license granted herein to use such Data in accordance with this Agreement.
If you provide Fingent with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Fingent all rights in such Feedback and agree that Fingent shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Fingent will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to Fingent any information or ideas that you consider to be confidential or proprietary.
The Service may be temporarily unavailable for scheduled maintenance or for any unscheduled emergency maintenance, or for any other causes beyond Fingent’s reasonable control, but Fingent will use reasonable efforts to provide advance notice in writing or by email of any scheduled unavailability of the Services.
Your right to access and use the Services commences and shall become effective upon the effective date and shall remain in full force and effect until the end of a subscription period or until you cancel your subscription.
User acknowledges and agrees that Fingent, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, block or prevent future access to the Services, and remove and discard any content within the Services at any time, without prior notice, for any breach of these Terms of Use. Fingent will have no liability to you or any third party for suspension or termination of your rights under these Terms of Use. In the event of termination, you will not be entitled to a refund for any fee(s) you have paid.
The Service are provided at your sole risk and on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Services are provided without warranties of any kind, whether express, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.
Fingent reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that Fingent shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
Without limiting the foregoing, Fingent does not warrant that the Services will be uninterrupted, error-free, or virus-free. Any material downloaded or otherwise obtained using the Service is done at your own discretion and risk. We will not be liable for any loss or damage to your system or data that may result from use or download of any such material.
We do not make any representation that your use of the services will comply with any legal requirements in a particular jurisdiction. Subscribers bear the solely responsibility of ensuring that use of the services is in accordance with the laws and regulations applicable to them.
User agrees to indemnify, defend, and hold harmless Fingent and its affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Services, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.
To the fullest extent allowed by applicable law, Fingent is not liable to you or any third party for any indirect, consequential, incidental, special or punitive damages (including without limitation, lost profits and lost data, information or content) arising out of this Terms of Use, regardless of the theory of liability, and regardless of whether such damages were foreseeable.
User acknowledges and agrees that Fingent will not be held responsible or liable for any unlawful or otherwise improper acts performed by any third parties. This includes, but is not limited to, acts of hacking or any other means of disrupting data or preventing access to service, transmitting viruses, deleting files, obtaining or misusing personally identifiable data, corrupting data, or otherwise interfering with the Services.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COLLECTIVE LIABILITY OF FINGENT AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF THE GREATER OF ONE HUNDRED ($100) DOLLARS OR THE AGGREGATE AMOUNTS PAID TO THE COMPANY IN THE LAST SIX (6) MONTHS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms of Use and the relationship between you and Fingent will be governed by the laws of the Commonwealth of Massachusetts without regard to any conflict of law principles.
Fingent reserves the right to change these Terms of Use at any time without notice. All changes will be effective immediately when posted on the Website. Your continued use of the Services following any changes to the Terms of Use posted on the Website shall constitute your agreement to be bound by such changes.
If any of the provisions of this Terms of Use are held invalid, such provision shall be deemed severed and the remaining provisions shall remain in full force and effect.
A waiver of any default is not a waiver of any subsequent default.
You shall not assign or delegate any of your rights or obligations under these Terms of Use without Fingent’s prior written consent. Any purported assignment or delegation in violation of this section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. Fingent may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, these Terms of Use will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
Your use of the Service in no way implies a legal partnership or agency relationship. We are solely independent contractors.
Any grievance or complaint, in relation to processing of information, should be sent to [email protected]. Grievance shall be redressed as expeditiously as possible.
These Terms of Use are effective from 1st December 2019 and supersede all existing policies or agreements, if any, governing the use of InfinCE.
Rev No | Date of revision | Revision description | Reviewed and approved by |
---|---|---|---|
1.0 | 1st December 2019 | Original version | Stephen Cummings, Senior Vice President – Sales and Marketing |
2.0 | 31 August 2021 | Updated Security & data privacy clause | Stephen Cummings, Senior Vice President – Sales and Marketing |
3.0 | 12 October 2023 | Defined third party application & updated third party application clause | Stephen Cummings, Senior Vice President – Sales and Marketing |