InterGuard Terms of Service
TERMS & CONDITIONS
The Terms and Conditions encompasses both the End User License Agreement the Return and Refund Policy.
END USER LICENSE AGREEMENT and ONLINE TERMS AND CONDITIONS
THIS END USER LICENSE AGREEMENT ("Agreement") CONSTITUTES A BINDING AGREEMENT BETWEEN YOU THE PURCHASER, AND/OR ANY OTHER THIRD PARTY USING THE SOFTWARE ("USER"), AND AWARENESS TECHNOLOGIES, INC. ("ATI"). YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE. INSTALLATION OF THIS SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MUST NOT PURCHASE THE SOFTWARE, OR UNINSTALL THE SOFTWARE IF IT IS ALREADY INSTALLED. USE OF THE SOFTWARE IS STRICTLY PROHIBITED UNLESS YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
BY ACCEPTING THIS AGREEMENT, YOU AGREE TO ONLY INSTALL THIS SOFTWARE ON A DEVICE OR DEVICES OWNED BY THE USER. USER ALSO AGREES TO INFORM ANY PERSON(S) WHO USES A DEVICE WITH THE SOFTWARE INSTALLED OF THE PRESENCE OF THE SOFTWARE. FAILURE TO COMPLY MAY RESULT IN YOU BREAKING STATE AND FEDERAL LAWS. USER UNDERSTANDS AND AGREES THAT USER SHALL BE RESPONSIBLE FOR ANY LEGAL COSTS INCURRED BY ATI THAT IS A DIRECT RESULT OF USER'S IMPROPER OR ILLEGAL USE OF THE SOFTWARE.
OWNERSHIP OF SOFTWARE
USER acknowledges and agrees that all of the software programs, whether in basic code or usable form, certificates of authenticity, security devices and associated documentation, regardless of form or media, (collectively, the "Software") which are the subject of this Agreement, are owned exclusively by ATI. USER agrees that the price paid for the Software constitutes a license fee, granting USER only the rights set forth in this Agreement.
GRANT OF LICENSE
ATI grants to USER, and USER accepts, a limited, non-exclusive and revocable license to use the Software, in machine-readable, object code form only. USER agrees to use the Software only as authorized in this Agreement.
No other rights, either express or implied, are being transferred to the USER unless specifically stated in this Agreement. USER shall not have any right to reproduce, distribute, or otherwise disseminate the Software contrary to the terms and conditions of this Agreement. USER shall have no right, title, interest or claim as to the property owned by ATI, which includes but is not limited to, the Software, any patents, trademarks, copyrights, and/or trade-names.
SCOPE OF LICENSE
This Software is licensed to be installed and used on only one device. A valid license must be purchased for each device on which the Software is to be installed. If USER installs the Software on a device that allows more than one person to simultaneously access the device at the same time, the Software must be licensed as a Terminal Server. Terminal Server licensing requires that a license be purchased for each person utilizing the Terminal Server. If USER has not paid for each Terminal Server person, USER will owe and promptly pay for all back charges accrued at ATI's current MSRP price plus interest at a rate of 18% per annum. In addition, USER will forfeit any and all discounts they may have received.
ATI reserves the right to audit (cloud-hosted) or to request access to audit (self-hosted) from time to time, and suspend service to any account if it determines, in its sole discretion, that the USER has installed the Software on a device that should have been licensed as a Terminal Server. If ATI suspends the account, ATI reserves the right to charge a re-connection fee of $250 or $10 per person, whichever is greater.
USER may not copy or make any changes or modifications to the Software, and USER may not engage or participate with any other third party to manufacture, duplicate, deliver, transfer, pirate, translate, decompile, disassemble, or otherwise reverse engineer the Software. USER may not lend, rent, lease or sub-license the Software, in any form, to any other third party for any purpose, unless authorized by this Agreement. USER agrees to use all reasonable efforts to protect the Software from unauthorized use, modification, reproduction, distribution or publication and to report any unauthorized use, modification, reproduction, distribution or publication to ATI. USER is not permitted to make any copies of the Software. USER shall not use the Software in a manner not authorized by the terms of this Agreement, and ATI reserves all rights that are not expressly granted herein.
USER acknowledges that the Software is intended to be and will be used within the United States or other countries not banned by the United States and International Laws concerning export of this product.
USER may not transfer, sell, distribute or otherwise disseminate the Software, without the prior written consent of ATI.
USE OF THE SERVICE
In accessing and using your online account ("Service") to review data recorded by the Software, you agree to obey all local, state and federal laws. You may not use the Service in any way: 1) that harms our affiliates, resellers, distributors, and/or vendors (collectively, the "ATI Parties"), or any other customer of an ATI Party; 2) to modify or reroute, or attempt to modify or reroute the Service; to damage, disable, overburden, or impair the Service (or the network connected to the Service), or interfere with anyone's use of the Service; 3) to resell or redistribute the Service, or any part of the Service without express written consent of ATI.
To protect your account security, USER must log into the online portal at least once every thirty days. If the USER does not log-in according to this minimum schedule, recording of data for USER will be temporarily suspended. Should recording of data be suspended, USER can reactivate recording by logging-in to the web portal and reactivating service.
STORAGE OF RECORDED DATA
The Service includes the storage of data that is recorded by the software for fourteen (14) days. USER may opt to, for an additional fee, increase the period of time ATI stores their data. Should the User desire to have their data remain on ATI's servers for a longer period of time, User can purchase additional data storage at ATI's then-current prices. Should User's data storage requirements exceed reasonable amounts, ATI reserves the right to, at ATI's discretion, seek the appropriate remedy. Appropriate remedies include, but are not limited to, deleting excess data or requiring the customer to purchase additional data storage.
User agrees that ATI cannot be held liable in any way for the loss of recorded data.
The service includes 3 types of screenshots: alert word based, smart camera and continuous camera. Each account comes with unlimited alert word based screenshots and either 250,000 screenshots per person per annual purchase or 25,000 screenshots per person for monthly purchases for smart camera / continuous screenshots. Additional screenshots may be purchased if needed.
ATI considers your use of the service to be private. However, we may access or disclose information about you, your account, recorded information stored in your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; (3) investigate potential fraudulent activities; or (4) protect the rights, property, or safety of ATI, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.
TERM AND TERMINATION
This Agreement will become effective upon the date that USER acquires the Software and shall remain in full force and effect for the duration of the subscription. USER may terminate this agreement at any time by cancelling their subscription from within their web-based account. This Agreement and USER'S rights pursuant to this license will terminate automatically without notice from ATI if USER fails to comply with any provision of the Agreement. Upon termination for any reason, USER agrees to destroy or purge all copies of the Software and accompanying original materials. ATI will automatically charge USER'S payment information on file unless the USER has already cancelled or renewed for that subscription period. If the USER opts to cancel the renewal subscription, ATI will then terminate this Agreement and cancel the USER's account.
UNLESS MANDATORY UNDER APPLICABLE LAW DESPITE THIS PROVISION, ATI, EXCEPT AS EXPRESSLY WARRANTED HEREIN, PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OR CONDITION ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE USER. ATI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET USER'S REQUIREMENTS OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PROGRAM DEFECTS WILL BE CORRECTED.
ATI records selected applications and thus cannot be expected to be compatible with any and all third party programs. It is the USER'S responsibility to confirm functionality with any specific program or application prior to purchase. For this reason, ATI provides a seven (7) day free trial of the software for the USER to confirm compatibility and functionality. ATI makes every effort to remain compatible with the programs and applications supported at time of purchase, but cannot guarantee compatibility as third party programs may be updated in the future.
NEW VERSIONS OF THE SOFTWARE
ATI, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Software.
LIMITATION OF LIABILITY
USER AGREES THAT IN NO EVENT SHALL ATI, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY DAMAGES (INCLUDING ANY CAUSED BY NEGLIGENCE), LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, EVEN IF ATI OR ITS AFFILIATES ARE ADVISED, IN ADVANCE, OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT THIS LIMITAITON OF LIABILITY SHALL APPLY EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, USER AGREES THAT IN NO EVENT SHALL THE LIABILITY OF ATI, ITS AFFILIATES, DISTRIBUTORS OR RESELLERS EXCEED THE PURCHASE PRICE PAID FOR THE SOFTWARE AND/OR THIS LICENSE.
COMPATIBILITY WITH ANTI VIRUS SOFTWARE
OUR SOFTWARE SOMETIMES REQUIRES CREATING AN EXCLUSION IN YOUR CHOSEN ANTI VIRUS SOFTWARE. ALL ANTI VIRUS PROGRAMS OFFER EXCLUSIONS AS A WAY FOR YOU (THEIR CUSTOMER) TO SELECT OTHER PROGRAMS YOU WOULD LIKE YOUR ANTI VIRUS SOFTWARE TO IGNORE. THIS PROCESS IS INTENDED TO WORK 100% OF THE TIME AS LONG AS THE ANTI VIRUS COMPANY RESPECTS THEIR OWN EXCLUSION PROCESS. FROM TIME TO TIME, SOME ANTI VIRUS PROGRAMS HAVE FLAWS WHERE THEY DON'T RESPECT THEIR OWN EXCLUSION PROCESS, AND THIS CAN RESULT IN OUR SOFTWARE (INTERGUARD) BEING REMOVED OR INTERFERED WITH. IN THIS CASE, THE ISSUE LIES WITH THE ANTI VIRUS SOFTWARE AND YOU WILL NEED TO CONTACT THEM TO LET THEM KNOW THEIR EXCLUSION PROCESS IS NOT FUNCTIONING. ONCE YOU CONTACT THEM TO LOG THIS ISSUE, WE WILL BE HAPPY TO WORK WITH THEM TO TEST THEIR FIX.
PLEASE CLICK THIS LINK TO SEE OUR LATEST ANTI VIRUS EXCLUSION GUIDE WHICH PROVIDES A DETAILED SET OF INSTRUCTIONS FOR SETTING EXCLUSIONS TO ALLOW FOR COMPATIBILITY WITH OUR SOFTWARE. WHILE WE UPDATE THIS LIST FROM TIME TO TIME AS REQUIRED, WE CANNOT GUARANTEE COMPATIBILITY AS ANTI VIRUS SOFTWARE COMPANIES MAY MAKE CHANGES WITHOUT INFORMING US. PLEASE NOTE THAT IT MAY BE NECESSARY TO TEMPORARILY DISABLE YOUR AV DURING INSTALLATION.
EXPORT LAW ASSURANCES
USER may not use or otherwise export or re-export the Software except as authorized by United States and International Law. In particular, but without limitation, the Software may not be exported or re-exported (i) into (or to a national or resident of) any country subject to a United States embargo or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. By using the Software, USER represents and warrants that USER is not located in, under control of, or a national or resident of any such country on any such list. In the event that ATI receives information that the Software has been transferred to or is being used by an unauthorized third party, then ATI shall have the right to automatically and at their discretion terminate this Agreement and the rights associated herein.
GOVERNING LAW, JURISDICTION AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, notwithstanding any conflict of laws provisions to the contrary. Any controversy or claim arising out of or relating to this Agreement shall be determined by small claims court or arbitration by the party initiating the legal action. If the claim exceeds the limits of small claims, then resolution of a claim or controversy shall be limited to arbitration in accordance with the Arbitration Rules of the American Arbitration association or JAMS. The place of arbitration or the venue of any small claims court case shall be limited to the cities of Stamford or Hartford, Connecticut and when applicable, use Connecticut Governing Law. The prevailing party in any such legal claim, whether in a court or by arbitration, will be entitled to recover its full legal costs from the losing party. If any claim is filed outside of the cities of Stamford or Hartford, Connecticut ATI will be entitled to recover its full legal costs from USER in order to transfer the case to the stated venue.
UPDATES TO THIS AGREEMENT
ATI reserves the right to change this Agreement at any time by publishing the revised Agreement on the ATI websites. The revised Agreement shall become effective within thirty (30) days of such publication, unless USER expressly accepts the revised Agreement earlier by agreeing to the revised Agreement. USER's express acceptance or USER's continued use of the Software after expiry of the notice period of thirty (30) days, shall constitute USER's acceptance to be bound by the terms and conditions of the updated Agreement. ATI reserves the right to change any element of this Agreement from time to time and such changes shall become effective either within thirty (30) days of publication of the revised version on the ATI website (unless USER expressly accepts the revised terms earlier), or within the timeframe set out in the applicable terms, if different.
This Agreement constitutes the entire agreement between the USER and ATI with respect to the use of the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. ATI reserves the right to modify this agreement, without notice, at any time. No amendment to or modification of this Agreement will be binding unless in writing and signed by ATI. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, invalid, or illegal, the remainder of this Agreement shall continue in full force and effect and the parties will amend this Agreement to give effect to the stricken clause to the maximum extent possible.
OTHER TERMS AND CONDITIONS OF USE
USER agrees that the installation and use of the Software will be in accordance with all local, state and federal laws governing the monitoring of device activity and usage.
USER agrees to install this software ONLY on a device that is owned by the USER or on a device which USER has been given explicit permission by the device owner for such installation. USER agrees NOT install this Software on any device that is not owned by USER on any device that USER has not been given explicit permission for such installation.
USER acknowledges that, in certain countries or states, it may be required to inform any third party that the device they are using is installed with the Software and that their usage is subject to monitoring and recording. It is USER's responsibility to determine the laws that apply to them.
RETURN & REFUND POLICY
Please note we offer a 7 day free trial to all customers prior to purchase in order to confirm functionality. As such, we will consider requests for refund only under the following circumstances:
- Auto renewal of your annual subscription when you notify us within 30 days after the renewal.
- The software stops recording all data within 72 hours of purchase. In this case, you must contact our support team via our ticketing system located in your online account within 72 hours of purchase and provide us with reasonable access to the monitored device and have set exclusions in your anti virus software. We are not responsible if the issue is a result of your anti virus software not respecting the exclusion of our software. In this case we recommend contacting your AV provider for assistance.
Monthly subscribers also have access to our free 7 day trial in order to confirm functionality. In addition, our monthly subscription is made available to USERS as a convenience in order to test the software for its functionality and suitability to your needs. Accordingly, refunds are not available for any reason with monthly subscriptions. Monthly subscriptions can be cancelled at any time prior to their renewal date without penalty.