Terms and Conditions of Use

Created by Ben Fredricks, Modified on Sat, Dec 28, 2024 at 9:41 PM by Ben Fredricks

Revised May 2020

By using the SectyrHub® software solution (the “Software”) as part of the Services made available by Sectyr, LLC (“we”, “Sectyr”, “our”, “us”) and purchased by a Subscriber thereto, you (“You”, “Your”) agree that You have read, understood and are bound by these Terms and Conditions of Use. You acknowledge that You have the authority to access and use the Services on behalf of a Subscriber that has purchased the Subscription Services for business use (whether as its employee, subcontractor, consultant, agent, or otherwise) and for whose benefit You are using the Services, and that Your use of the Services is only for lawful purposes.

We hope to continually improve the Services, therefore we reserve the right to modify these Terms and Conditions of Use at any time. The amended Terms and Conditions of Use will be effective from when we make such modifications available on our Website. In using the Services, it is Your obligation to make sure You understand and agree with our most current Terms and Conditions of Use, as published on our Website.

OTHER DEFINITIONS
1. “Data” means any data You input in connection with Your use of the Services.
2. “Intellectual Property Right” means any patent, trademark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, whether or not registered.
3. “Website” means the Internet site at the domain www.SectyrHub.com and all subdomains of SectyrHub.com.
4. “Subscriber” means the entity that has purchased from us a subscription to access and use the Services.
USE OF SERVICES
We grant You a non-exclusive, non-transferable license to access and use the Services via the Website for so long as and to the extent that Your use is authorized by the Subscriber and provided that Subscriber’s subscription to the Services has not expired or terminated.
YOUR OBLIGATIONS
1. User Security:
  1. You will keep secure and confidential, and not share with others, any and all usernames and passwords required to access the Services. You will immediately notify us of any unauthorized use of Your account information, usernames, passwords, or any other breach of security and we will reset Your password. If this occurs, You agree to take all other actions that we deem necessary to maintain or enhance the security of our computing systems and networks and Your access to the Services.
  2. When accessing and using the Services, You will:
    1. not undermine the security or integrity of our computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
    2. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of Subscriber or any other subscriber or user to use the Services or Website;
    3. not attempt to gain unauthorized access to any materials, information, screens, dashboards, or other features or functions of the Services other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
    4. not transmit, or input into the Website, any: files or Data that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
    5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website.
2. Usage Limitations:
  1. The features of the Software made available through the Services are intended for internal use by You on behalf of Subscriber in the course of performing Your usual and customary duties for Subscriber. Abuse of features may result in a ban or removal of access to the Services.
  2. We reserve the right to temporarily suspend Your account if we believe that your usage significantly exceeds the average usage of other users and/or there is a danger that Your usage of the Services is causing disruption to other users. We will use reasonable efforts to contact the Subscriber prior to our exercise of this right, except where we believe that the level of use may negatively, immediately impact the performance of the Services for other subscribers and users.
CONFIDENTIALITY AND PRIVACY
1. Confidentiality: The confidentiality of any Data provided to us by You in the course of Your use of the Services is governed by the terms of our Subscription Agreement with the Subscriber. You agree to look to the Subscriber, and not to us, with respect to any claims pertaining to the use of disclosure of any Data You provide to us in the course of Your use of the Services.
2. Privacy: Our privacy policy is available at /support/solutions/articles/151000204402. You are deemed to have read and accepted that policy when You use the Services.
INTELLECTUAL PROPERTY
1. General: Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Sectyr (or its licensors).
2. Ownership of Data: As between You and Us, title to, and all Intellectual Property Rights in, the Data remain Your property, subject to applicable law or any agreements, understandings, or other arrangements You may have with the Subscriber.
WARRANTIES AND ACKNOWLEDGMENTS
1. Authority: You warrant that You are authorized by a Subscriber to use the Services and the Website and to access and use the Data that You or others authorized by that same Subscriber have provided to the Services.
2. No Warranties: WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING THOSE OF MERCHANTABILITY, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE, PERTAINING TO THE SOFTWARE AND THE SERVICES AND/OR ANY WARRANTY THAT THE SOFTWARE AND THE SERVICES WILL MEET YOUR SPECIFIC NEEDS OR THAT OF A SUBSCRIBER, THAT SPECIFIC RESULTS WILL BE ACHIEVED WITH THEIR USE, OR THAT THE OPERATION OF THE SOFTWARE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY
1. OUR AGGREGATE LIABILITY TO YOU SHALL BE LIMITED TO $0. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
2. If You are not satisfied with the Services, then Your sole and exclusive remedy is to terminate Your use of the Services in accordance with Section 8 below.
TERMINATION
1. For Convenience. You may terminate Your use of the Services at any time by notifying Subscriber.
2. Breach: If You breach any of these Terms and Conditions of Use, or if Subscriber breaches its agreement with us, then we may do one or more of the following:
  1. Terminate Your license granted under these Terms and Conditions of Use and Your use of the Services and the Website;
  2. Suspend for any definite or indefinite period of time, Your use of the Services and the Website; or
  3. Suspend or terminate access to all or any Data.
3. Expiry or Termination: Sections 5, 6, 7, and 11 survive the expiry or termination of these Terms and Conditions of Use.
HELP DESK
1. Technical Problems: In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting us. If You still need technical help, please check the support provided online on the Website or failing that email us at  Support@Sectyr.com.
2. Service Availability: We intend that the Services should be available 24 hours a day, seven days a week; however, it is possible that on occasion the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason we have to interrupt the Services for longer periods than Sectyr would normally expect, Sectyr will use reasonable endeavors to publish in advance details of such activity on the Website.
GENERAL
1. Entire Agreement: These Terms and Conditions of Use, together with the Sectyr Privacy Policy and the terms of any other notices or instructions given to You under these Terms and Conditions of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and us relating to the Services.
2. Waiver: Our waiver of any breach of these Terms and Conditions of Use shall not constitute a waiver of any other breach or a continuing waiver of subsequent breaches. No waiver will be effective unless made in writing.
3. Delays: We will not be liable for any delay or failure in performance of our obligations under these Terms and Conditions of Use if the delay or failure is due to any cause outside our reasonable control.
4. No Assignment: You may not assign or transfer any license or rights under these Terms and Conditions of Use to any other person without our prior written consent, which we may withhold in our sole discretion.
5. Governing law and jurisdiction: These Terms and Conditions of Use are governed by the laws of the State of Arizona and You hereby submit to the exclusive jurisdiction of the state and federal courts of Arizona for all disputes arising out of or in connection with them.
6. Severability: If any part or provision of these Terms and Conditions of Use is invalid, unenforceable or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms and Conditions of Use will be binding on You and us.
7. Notices: Any notice given under these Terms and Conditions of Use by either of us to the other must be in writing by email and will be deemed to have been given on transmission. Notices to us must be sent to  Support@Sectyr.com  or to any other email address of which we notify you by email. Notices to You will be sent to the email address that You provided to us when setting up Your access to the Service.
8. Rights of Third Parties: A person who is not a party to these Terms and Conditions of Use has no right to benefit under or to enforce them.

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