Gov Y :
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Terms Use
GovOS Applicotion Studio
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Lost Revised MoV li
These TOU ore incorporoted into ond o port of the controct between GovOS, lnc. (or one of its offiliotes Kotile Technologies, lnc. or Bizodo tnc. d/b/o seomlessDocs), (hereinofter "Govos," "we," "us," or "our'), ond you ("you," "your," ot "Customer") under which Govos provides you o subscription to occess the Govos Studio plotform (www.GovoS.com). This includes eoch opplicotion ond functionolity os provided for in your controct ond oll reloted content such os text, informotion, imoges, opplicotions, templotes softwore ond other informotion, services ond moteriols (collectively, "Studio" or the "Service") ond oll informotion mode ovoiloble to you or by you through the GovOS Studio plotform.
The "Customer" sholl meon the entity or person thot hos signed o controct with covos for use of the Service, ond o User sholl include o unique user of the Service whether o customer or not (os defined by unique URL, lP oddress or other unique identificotion).
Any new feotures thot ougment or enhonce the current Service, including the releose of new feotures ond resources, sholl be subject to this Agreement. You Welcome to GovOS, lnc. Terms of Use. Govos, lnc. is o Delowore corporotion hoving o business oddress ot 6300 cedor springs Drive, Dollos, Texos 75235 ("oovos").
ogree to use the Service ot your own risk, ond you understond GovOS connot be responsible for the content uplooded or posted by you os o Customer or ony User).
l. subscription to use the Services:
The Service is cloud-bosed. This meons we ore not going to provide you or ony User ony softwore thot is downlooded or o license to use softwore. Rother, your subscription to Studio meons we ore going to outhorize you to occess ond use Studio which remoins in the cloud. Subject to the terms of the controct between you ond us, including these TOU, GovOS gronts ond Customer occepts, o nonexclusive, nontronsferoble, revocoble subscription to the Services (the "subscription") os outlined in the controct between us ond you. The Subscription provided is only for the use of Customer. Customer sholl only ollow occess to employees of Customer who ore outhorized to use the plotform, ore outhorized to ond hove registered for on occount ond understond ond ogree to these TOU ("Authorized Users").
We spent o lot of time ond resources creoting Studio, so we wont to protect it.
This meons there ore things o Customer ond User connot do reloting to the Service. Specificolly, you os o Customer ore prohibited from ond ogree not to, ond will not ollow your Users, under ony circumstonces to (i) license, sublicense, sell, resell, tronster, ossign, distribute or otherwise commerciolly exploit or moke ovoiloble to ony third porty the Service or the content in ony woy; (ii) modity or moke derivotive works bosed upon the Service or the content; (iii) creote lnternet "links" to the Service or "frome" or "mirror,,ony content on ony other server or wireless or lnternet-bosed device; or (iv) reverse engineer or occess the Service in order to (o) OuilO o competitive product or service. (O) OuitO o product using similor ideos. feotures, functions or grophics of the Service, or (c) copy ony ideos, feotures, functions or grophics of the Service. Any ond oll rights not expressly gronted hereby to the Customer ore reserved by GovOS.
There ore some other things Customers, ond their Users connot do becouse we believe they ore wrong. The Service moy not be used in ony woy (i) tnot is illegol or promotes illegol octivities or in o monner thot might be libelous or defomotory or otherwise molicious or hormful to ony person or entity, or discriminotory bosed on roce, sex, religion, notionolity. disobility, sexuol orientotion, or oge or is otherwise indecent (li) to senO or store infringing, obscene, threotening, libelous, or otherwise unlowtul or tortuous moteriol, including moteriol hormful to children or violotive of third porty privocy rights; (iii) to senO or store moteriol contoining softwore viruses, worms. Trojon horses or other hormtul computer code, files, scripts, ogents or progroms; or (iv) to interfere with or disrupt the integrity or performonce of the Service or the doto contoined therein.
lf you or ony of your Users violote these ToU, we reserve the right, in our sole discretion, to suspend or terminote your Subscription with or without odvonce notice. lf we leorn thot doto stored by the Customer ond/or User is in violotion of ony low. infringes third porty rights or violotes these ToU, we moy immediotely bor occess to such doto without prior notice to the User or customer. The Customer ond/or User sholl be promptly notified by GovOS ot ony such oction under this provision.
2. Creotino on Account to use the Services:
We moy withdrow such opprovol ot ony time in our sole discretion if o User violote these Terms of Use. Eoch User will need to hove their own distinct occount. lf o customer hos more thon one User, they will eoch need to register tor o distinct Account. Eoch User must keep their occount ond posswords confidentiol ond not outhorize ony third porty to occess or use the Service on their beholf, unless we provide on opproved mechonism for such use. You must contoct us right owoy if you suspect misuse of your occount or ony security breoch in the Service. The Customer is responsible for oll octivities thot toke ploce with your occount. We will not be lioble for ony loss or domoge orising from ony unouthorized use of your occount(s).
To obtoin occess to certoin Services, you moy be required to obtoin o Studio occount with GovoS (become o "Registered User'). Once o Customer hos signed o controct with us, we will creote your occount ond provide you o temporory usernome ond possword thot will be provided vio e-moil olong with o link to occess the Service. You will need to complete your occount registrotion by providing your nome ond e-moil oddress ond resetting your possword. Until you register ond ore opproved for o Studio occount, your occess to the Service will be limited to the oreos of the service, if ony, thot ore ovoiloble to the generol public. Eoch customer will hove ot leost one (t) odministrotor who will hove the obility to set up individuol user occounts up to the omount outhorized in the Customer's subscription. When registering with us you must, ond os the Customer be sure ony Authorized Users: (o) provide true, occurote, current ond complete informotion obout yourself os requested os port of estoblishing your occount (such informotion being the "Registrotion Doto") ond (b) mointoin ond promptly updote the Registrotion Doto to keep it true. occurote, current ond complete.
lf o third porty such os on employer, or school gove you your occount, thot porty hos rights to your occount ond moy: monoge your occount, reset your possword, or suspend or concel your occounU view your occount,s usoge ond protile doto, including how ond when your occount is used; ond reod or store content in your occount. lf you ore on individuol Registered User of the Service, ond hove provided o domoin for the primory emoil oddress ossocioted with your occount thot is owned by on orgonizotion ond wos ossigned to you os on employee. controctor or member of such orgonizotion, ond thot orgonizotion wishes to estoblishes o commerciol relotionship with us ond odd your occount to such relotionship, then, if you do not chonge the emoil oddress ossocioted with your occount, your occount moy become subject to the commerciol relotionship between us ond such orgonizotion ond controlled by such orgonizotion.
3. EqynDcd_s ndlhcscrYiegs:
Your continued use (subscription occess) of the Service is contingent upon timely moking oll poyments os provided for in the controct between you ond us. lI oll or port of ony poyment is more thon sixty (OO) Ooys lote GovOS reserves the right to suspend your service. We will provide you odvonce notice of suspension to ovoid unnecessory interruption in service. GovOS reserves the right to impose o reconnection fee in the event you ore suspended ond thereofter request occess to the Service. lf oll or port of ony poyment remoins post due more thon ninety (90) doys, we reserve the right to concel your subscription. We will provide you ot leost ten (lO) doys odvonce notice prior to concelling your subscription.
The price for the Service excludes oll toxes ond chorges (soles or otherwise), unless stoted in your controct tor service. You ore responsible for ony toxes ond for oll other chorges (for exomple, doto chorges ond currency exchonge settlements). Depending on the legol jurisdiction of the Customer we moy odd ond collect tox in oddition to poyment for the Service. lf you don't poy us ony omount due, we moy not only suspend or concel your subscription, but we moy olso use o third porty to collect post due omounts.
Unless prohibited by low in your jurisdiction, you ogree to poy for o reosonoble cost for collection ony post due omounts, including reosonoble ottorney's fees, which you ogree to be one-third of the outstonding omount owed, in oddition to other legol costs ossocioted with collection.
You ogree ond ocknowledge thot GovOS hos no obligotion to retoin Customer Doto ond thot such Customer Doto moy be irretrievobly deleted if your occount is 30 doys or more delinquent. ln oddition to ony Fees, you moy still incur chorges incidentol to using the Service, for exomple, chorges for lnternet occess, doto rooming, ond other doto tronsmission chorges. You must be outhorized to use the poyment method thot you enter when you creote o billing occount.
30. Rights of Security Sconning: Govos understonds the importonce of doto security ond controls to moke sure doto is secure. However, unscheduled security sconning performed by customers, including ond not limited to scons, penetrotion tests, reports ond otherwise moy couse responsive countermeosures or otherwise disrupt the Service ond ore therefore prohibited. lf you wont to perform ony security sconning, you must contoct us ond provide the noture ond scope of such scons. We moy, ot our discretion, ogree to such sconning provided we con mutuolly ogree upon the scope, time, ond trequency of ony such sconning. Any security scon done without our permission will constitute o breoch of these ToU ond moy be treoted os o molicious ottempt. We look forword to working through ony security requests together.
4. service Level
GovOS will ot oll times reosonobly ottempt to ochieve the highest possible ovoilobility ond shortest possible occess time of the Service, but no worronties of ony kind, regording ony specific ovoilobility or time of occess ore gronted. customers ond their Users need to limit their submission rotes to ovoid service deloys or interruptions. This meons if you creote o webtorm with receipt (but without signoture) ond moke it ovoiloble to Users or the public, you need to determine or estimote the volume of responses you moy receive for the form. Your subscription outhorizes you to utilize up to tifty (50) submissions per minute without prior notice to us. lf you estimote your webform response moy result in 50-500 submissions per minute you ore required to provide us with ot leost three (3) hours of odvonce notice to ollow us to toke steps to ovoid deloys or service interruption. lf you onticipote over five hundred (500) suOmissions per minute, we will need ot leost three (3) doys odvonce notice to ollow us to toke steps ovoid deloys or service interruptions.
s. You r ResponsjEllllles
You ore responsible for oll octivity occurring under your Customer ond reloted User occount(s) ond sholl obide by oll opplicoble locol, stote, notionol ond foreign lows, treoties ond regulotions in connection with your use of the Service. including those reloted to doto privocy, internotionol communicotions ond the tronsmission of technicol or personol doto. ln oddition, you sholl be responsible for obiding by ony ond oll internol policies. procedures ond regulotions, which ore required, by your employer ond/or the opplicoble odministrotors of your occount.
You sholl: (i) notity GovOS immediotely ot ony unouthorized use of ony possword or occount or ony other known or suspected breoch of security; (ii) report to GovOS immediotely ond use reosonoble efforts to stop immediotely ony copying or distribution of content thot is known or suspected by you or other users to violote this Agreement or the intellectuol property rights of third porties; ona (iii) not impersonote onother GovOS user or provide folse identity informotion to goin occess to or use the Service.
6. Customer Doto
Customer Doto is oll the Customer/User originoted content thot is entered into ond in some instonces stored in the Studio plotform. GovOS content is the content we enter into the Studio plotform. GovOS does not own ony doto, informotion or moteriol thot you or other Users submit to the Service in the course of using the Service ("Customer Doto"). you sholl hove sole responsibility for the occurocy, quolity. integrity, legolity, reliobility. opproprioteness, ond intellectuol property ownership or right to use ony ond oll Customer Doto thot you submit.
The Service is hosted either by GovOS or o subcontroctor of GovOS,s choice.
All doto stored os port of the Service is bocked up on o regulor bosis. lf o Customer experiences loss of Customer Doto, GovOS will use commerciolly reosonoble efforts to restore doto from the most recent working bockup; provided however, GovOS gives no worronties with respect to recovering or restoring ony lost Customer Doto. The Customer is responsible to, ond olwoys encouroged to moke its own bockups of oll Customer Doto stored on the Service ond odditionolly con sync their occount with o third-porty service to creote Customer Doto bock-ups in reol time. GovOS will not be responsible or lioble for the deletion, correction, destruction, domoge, loss or foilure to store qny Customer Doto.
7. lntellectuo! Prop_ertylights
GovOS olone (ond its licensors, where opplicoble) sholl own oll right, title ond interest, including oll reloted intellectuol property rights, in ond to the GovOS technology, the content ond the Service ond ony suggestions, ideos, enhoncement requests, feedbock, recommendotions or other informotion provided by you or ony other porty reloting to the Service. This Agreement is not o sole ond does not convey to you ony rights of ownership in or reloted to the Service, Govos technology or its intellectuol property rights.
All copyrights ond/or other intellectuol property rights, title ond interests in o) softwore on which the Service is bosed ond mode ovoiloble to the Customer ond/or User, b) source codes or other softwore components of the Service, c) content of the website Govos.com ond the Service including text ond grophics, excluding doto stored by the customer ond/or user, d) trodemorks, nomes etc. ore the sole property of GovOS, ond/or third porties hoving gronted Govos license tor its use, ond the customer ond/or User sholl goin no rights to soid intellectuol property rights other thon the limited right of use os stipuloted in this Agreement.
The customer ond/or User retoin oll intellectuol property rights regording customer Doto entered into or stored by such Customer ond/or User on the Service. This meons we do not hove ony ownership rights to ony document you uplood into the Service. You olso own the form or templote thot results from the opplicotion of our softwore to your document. ln short, the document input ond output ore yours, the technology thot converts your document input into o form (document output) is ours.
8. Privocy
GovoS will not forword morketing moteriol trom third porties to its Users.
Govos moy forword product news relevont to User's use of the Service os Govos sees fit from time to time. Govos retoins the right to disclose the identity of ony Users in ony soles or tunding efforts or processes of Govos ond in cooperoting with low enforcement investigotions. However, olwoys with due considerotion to the interests of the User.
PHI ond other heolthcore informotion moy be subject to certoin regulotions including the Heolth lnsuronce Portobility ond Accountobility Act (uteaa).
Customer represents on its own beholt ond for its Users thot it is not o Covered Entity ond thot neither Customer nor its User will store Personol Heolthcore lnformotion os reguloted by the Heolth lnsuronce Portobility ond Accountobility Act ond its omendments (uteaA), without the prior consent, ond os opplicoble, the execution of o Business Associote Agreement by the porties.
9. Personot Heqlthcqre lnformotion (PHl)
IO. DISCLAIMER
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND
COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE
MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE
AVAILAELE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR
WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NTNETy (90) DAys FROM THE DATE OF FtRSr uSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU
ll. lndemnificotion
You ogree to indemnify ond hold Compony (ond its officers, employees, ond ogents) hormless, including costs ond ottorneys'fees, from ony cloim or demond mode by ony third porty due to or orising out of (o) your use of the Service, (O) your violotion of these TOU, or (c) your violotion of opplicoble lows or regulotions. GovOS reserves the right, ot your expense, to ossume the exclusive defense ond control of ony motter for which you ore required to indemnify us, ond you ogree to cooperote with our defense of these cloims.
You ogree not to settle ony motter without the prior written consent of Compony. Compony will use reosonoble etforts to notify you of ony such cloim, oction or proceeding upon becoming owore of it.
I2. TIMITATION OF TIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GovOS, ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE rON (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INTRINSIC VALUE, coVER
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED,
UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF GovOS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GovOS AND ITS
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING
TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL THREE
MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR ONE-THOUSAND AND oo/too DoLLARS ($1,000.00). THE LtMtrATroNS AND ExcLUSToNS ALSo Apply tF
THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
13. Force Mojeure
GovoS is not responsible for situotions or conditions which foll under force mojeure, including but not limited to wor, riot, uprising, strike, lock-out, fire, flooding, nqturol disosters, pondemics, monetory restrictions, import/export emborgoes, interruption of electronic troffic, interruptions or breokdowns in energy or communicotion supplies, ottocks of computer viruses, ottocks by hockers ond force mojeure of subcontroctors.
To the extent GovOS stores or processes personol doto on beholf of Users, GovOS sholl disclose such personol doto only occording to instructions from such Users. GovOS hos implemented oppropriote technicol ond orgonizotionol meosures to protect personql doto ogoinst occidentol or unlowful destruction or occidentol loss, olterotion, unouthorized disclosure or occess. At the request of the User, GovOS sholl in reosonoble respect gront the User sufficient informotion in order for the User to ensure thot such technicol ond orgonizotionol meosures hove been token. GovOS is entitled to request poyment, ot GovOS's stondord rotes for such work.
15. Term ond Terminotion
The Agreement between you ond us sholl commence on the effective dote stoted within the controct ond will remoin in eftect for on initiol term os outlined in the Agreement (the "lnitiol Term"). Unless otherwise indicoted in your controct with us, upon the expirotion of the lnitiol Term, this Agreement will outomoticolly renew for successive renewol terms equol in durotion to the lnitiol Term unless terminoted os set forth herein. Unless otherwise provided for in the controct document between us, either porty moy terminote this Agreement effective only upon the expirotion of the then current term, by notifying the other porty in writing ot leost thirty (30) business doys prior to the expirotion of the then current term.
14. Personol Doto
Either Porty moy terminote this ogreement for o moteriol breoch of the Agreement if, ofter providing no less thon tourteen (t+) Ooys written notice outlining the breoch, the breoch remoins uncured.
Upon terminotion by GovOS. or ot your direction, you mcry, if you hove poid oll fees due under your Agreement, request occess to your Customer Content. which we will moke ovoiloble to you for downlood. you must moke such request with sixty (oo) Ooys foflowing terminotion. After sixty (60) doys from the end of your Agreement with us, covos will hove no obligotion to mointoin or retrieve ony Customer/User doto or content. Requests for Customer Content in different formots or medio moy be occommodoted upon poyment by you of on ogreed upon odditionol fee.
16. Notice
GovOS moy give notice by meons of o generol notice on the Service, electronic moil to your e-moil oddress on record in GovOS,s occount informotion, or by written communicotion sent by first closs moil or pre-poid post to your oddress on record in GovOS's occount informotion. Such notice sholl be deemed to hove been given upon the expirotion of 48 hours ofter moiling or posting (it sent by first closs moil or pre-poid post) or l2 hours ofter sending (if sent by emoil).
17. Modificotion to Terms
We reserve the right to revise these Terms from time to time. We will dote ond post the most current version of these Terms on the GovOS website ot https://govos.com/govos/studio/terms-of -use/. Any chonges will be effective upon posting the revised version of these Terms on the Service (or such loter effective dote os moy be indicoted ot the top of the revised Terms). lf in our sole discretion we deem o revision to these Terms to be moteriol, we will notity you vio the Service ond/or by emoil to the emoil oddress ossocioted with your occount. Notice of other chonges moy be provided vio www.Govos.com (the "Site") or reloted Govos blogs. Therefore. we encouroge you to check the dote of these Terms whenever you visit the Site to see if these Terms hove been updqted. Your continued occess or use of ony portion of the Service constitutes your occeptonce of such chonges. ln the event you believe o moteriol chonge to these TOU is moteriolly odverse to you, you moy request concellotion of your controct without penolty which GovOS will review. GovOS will determine it its sole discretion whether Customer moy concel its subscription without penolty.
!8. Assionment
This Agreement moy not be ossigned by you without the prior written opprovol of GovOS. GovOS moy ossign this Agreement without your consent to (i) o porent entity or subsidiory, (ii) on ocquirer of ossets, or (iii) o successor by merger. Any purported ossignment in violotion of this section sholl be void.
19. Confidentiolitv
As used herein, "Confidentiol lnformotion" meons oll informotion exposed or provided to o porty (o "Receiving Porty") by the other porty (o "Disclosing porty") (o) within the Govos.com Service, or (b) otherwise thot reosonobly should be understood to be confidentiol given the noture of the intormotion ond the circumstonces of disclosure, including but not limited to the GovOs.com website. However, Confidentiol lnformotion sholl not include ony informotion thot (i) is or becomes generolly known to the public without breoch of ony obligotion owed to o the Disclosing eorty; (ii) wos known to Receiving Porty prior to its disclosure by Disclosing Porty without breoch of ony obligotion owed to Disclosing Porty, os demonstroted by written records, (iii) is received from o third porty without breoch of ony obligotion owed to Disclosing Porty, or (iv) wos independently developed by o Receiving Porty without reference to the Confidentiol lnformotion, os demonstroted by written records. Except os set forth in the controct, these TOU, or otherwise permitted in writing by o Disclosing Porty, the Receiving Porty sholl not disclose or use ony Confidentiol lnformotion of Disclosing Porty for ony purpose outside the scope of this Agreement.
The Agreement between us ond you will be governed by the lows of the Stote of Texos, U.S.A. without reference to the principles of contlict of lows. Lowsuits brough under this ogreement moy be brought in ony court of competent jurisdiction in Customer's stote of residence or Texos. No joint venture, portnership, employment, or ogency relotionship exists between you ond GovOS os o result of this Agreement or use of the Service. The foilure of GovOS to enforce ony right or provision in this Agreement sholl not constitute o woiver of such right or provision unless ocknowledged ond ogreed to by GovOS in writing. This Agreement, together with ony opplicoble controcts, comprises the entire ogreement between you ond GovOS ond supersedes oll prior or contemporoneous negotiotions, discussions or ogreements, whether written or orol, between the porties regording the subject motter contoined herein.
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