AcInfotech Inc | BI Software Development Company, Santa Clara, CA

Terms of Use

AC INFOTECH, INC. (“COMPANY” OR “WE” or “US”) IN ENGAGED IN THE SOFTWARE PRODUCT DEVELOPMENT, SERVICES, WEBSITE AND MOBILE APPLICATION DEVELOPMENT (TOGETHER, THE “SITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE (“USER”), INCLUDING USERS WHO DOWNLOAD THE MOBILE APPLICATION, USERS WHO ARE USING OUR PRODUCTS, SERVICES AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE SITE. BY USING THE SITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE SITE OR ANY OF ITS PRODUCTS AND SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE AND THESE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT OR USE OF THE SITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THE SITE OR THE SERVICES FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

Third Party Materials and Agreements. You may be able to access or use third party services, resources, content or information (“Third Party Materials”) via the Site. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and the Company disclaims any liability that Users may incur arising from access to or use of such Third Party Materials via the Site. You acknowledge and agree that the Company: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Through our Services, we do not imply any endorsement of Third Party Materials or any such third party services.

Content. All information, data, text, graphics, video, messages or other materials, whether publicly posted or privately transmitted to or via the Site (“User Content”), is the sole responsibility of the User transmitting it. This means that the User, and not us, are entirely responsible for all such User Content uploaded, posted, emailed, transmitted or otherwise made available by using the Services. We do not control or actively monitor User Content and, as such, do not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, transmitted or otherwise made available via the Services.

Submitting Product Demo Request form. User shall provide accurate and current information, including a real first name, last name and email address, while requesting the product demo or service information. User agrees not to provide inaccurate information, commit fraud or falsify information in connection with your request.

In using the Site and the Services you shall not copy any content unless expressly permitted to do so herein; upload, post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable.

You do not have a right to make available under any law or under a contractual relationship; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights) is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment or data or the Site or that of any Users or viewers of the Site or that compromises a User’s privacy or contains any falsehoods or misrepresentations or creates an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way impersonate any person or entity or misrepresent their affiliation with a person or entity interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures intentionally violate any applicable local, state, national or international law or regulation collect or store personal data about other Users or viewers license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or any software provided as part of the Site, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or register for the Services on behalf of a group or corporate entity.

License of Content. By submitting, posting or displaying User Content on or through the Services, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. The Company will not be responsible or liable for any use of User Content in accordance with these Terms of Use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

Feedback. If you provide us with any suggestions, comments or other feedback relating to any aspect of a product, service, the Site, and/or the Services (“Feedback”), we may use such Feedback for the Services and in the Site or in any of our products and services. Accordingly, you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to us, (c) we (including all of our successors and assigns and any successors and assigns of any of the products and services ) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any products and services , and (d) you are not entitled to receive any compensation or reimbursement of any kind from us or any of the other Users or merchants of a product or service in respect of the Feedback.

Advertising. You acknowledge and agree that the Site may contain advertisements outside of the normal product and service offerings. If you elect to have any business dealings with anyone whose products or services may be advertised on the Site, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that the Company shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Site and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Services and the Site. It is your responsibility to ascertain whether any information or materials downloaded from the Site are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Emails. You acknowledge and agree that we may are authorized and permitted to send emails to you containing promotional codes, advertisements, and notifications. These emails may include welcome emails, and emails describing updates to the products and Services.

Links & Third-Party Websites or Applications. The Site (including User Content) may contain links to other websites or applications that are not owned or controlled by us. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by us of that third party, third party product or service. We are also not responsible for the content of any linked website or application. Any third-party websites, applications or services accessed from the Site are subject to the terms and conditions of those websites, applications and/or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Site of a link to any other website or application does not imply that we endorse or accept any responsibility for the content or use of such websites or applications, and you hereby release the Company from all liability and/or damages that may arise from your use of such website or application or receipt of services thereunder.

While we do not prohibit linking to third party websites/applications and content, we do not wish to be linked to or from any third-party website/application which contains, posts or transmits any prohibited content as described in these Terms of Use. We reserve the right to prohibit or remove (or require you to remove) any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

Privacy. The terms of our Privacy Statement link and these Terms of Use govern our collection and use of your personal information in connection with the Services. If there is any conflict between the terms of our Privacy Statement or these Terms of Use, the terms hereunder shall control. We may make changes to our Privacy Statement from time to time, and such changes will be communicated to you in the text of the Privacy Statement. Please visit the Privacy Statement regularly for updates.

By using the Services, you agree and acknowledge that personal information collected about you through the Site or in any way in connection with the Services may be transferred across national boundaries for storage or process to any of the countries around the world. This includes the location of any device, including a mobile device, you use to access the Site.

Your use of the Site or portions thereof may be tracked by us in order to provide better service and for other purposes. You consent to such tracking, provided that we will not make available or disclose your identity (full name and email address) to any third party, as provided by the Privacy Statement.

Copyright Infringement. We respect the intellectual property rights of others and expect our Users to do the same. In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), we will respond expeditiously to claims of copyright infringement committed using the Site if such claims are reported to our Designated Copyright Agent identified in the sample notice below.

DMCA Notice of Alleged Infringement (“Notice”)

Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Designated Copyright Agent:

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE SITE, PRODUCTS, SERVICES, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” THE COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY PRODUCT, SERVICE, INFORMATION OR MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE AS A RESULT OF SUCH USE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SITE OR IN RESPECT TO ANY WEBSITE OR APPLICATION THAT CAN BE REACHED FROM A LINK ON THE SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE SITE, AND THE COMPANY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. THE COMPANY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICES. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH ITS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEAL OR VOUCHERS WILL BE ERROR-FREE, OR THAT ANY ERRORS, OMISSIONS OR MISPLACEMENTS IN THE DEAL WILL BE CORRECTED, OR THAT DEALS WILL BE AVAILABLE, RELIABLE, OR MEET THE USER’S NEEDS. THE COMPANY IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION THAT USERS CHOOSE TO COMMUNICATE WITH US AND THE SITE WHILE IT IS BEING TRANSMITTED. IN ADDITION, THE COMPANY IS NOT RESPONSIBLE FOR ANY DATA LOST DURING TRANSMISSION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SITE OR THE SERVICES, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID THE COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD THE COMPANY, AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND INSURERS, AND ITS PARENT, SUBSIDIARY AND AFFILIATED BUSINESS ENTITIES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS (INCLUDING USER CONTENT) SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SITE OR THE SERVICES AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination. We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Services or the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that you may have with the Company (including, without limitation, non-payment of any fees owed in connection with the Services or otherwise owed by you to the Company), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Services may also include removal of some or all of the materials uploaded by you to the Site. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we shall not be liable to you or any third-party for any termination of your access to the Site or the Services. Any termination of these Terms of Use by us shall be in addition to any and all other rights and remedies that we may have. If you terminate or cancel your account with us voluntarily, all outstanding rewards earned on such account shall be forfeited and thereafter be deemed null and void.

Availability & Updates. We may alter, suspend, or discontinue the Services and/or the Site at any time and for any reason or no reason, without notice. The Services and/or Site may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons.

Security. Information sent or received over the Internet is generally unsecure and we cannot and do not make any representation or warranty concerning security of any communication to or from the Site. You are responsible for safeguarding the password that you use to access the Services and you are responsible for any activities or actions under your password. You agree to keep your password secure. We will not be liable for any loss or damage arising from your failure to comply with these requirements. If you discover that someone is using your password or account without your consent, or you discover any other breach of security, you agree to notify us immediately at [support@acinfotech.com]. We reserve the right to suspend or discontinue all or part of the Services at any time without prior notice.

General. These Terms of Use, together with our Privacy Statement at link constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by us. These Terms of Use and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use will be the state and federal courts located in San Jose, California, and each of the parties hereto waives any objections to jurisdiction and venue in such courts. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of the Company to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by the Company must be in writing and shall only apply to the specific instance identified in such writing. You may not assign these Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without our prior written consent.

If you have any questions about these Terms of Use or if you wish to make any complaint or claim with respect to the Site or the Services, please contact us at: support@acinfotech.com.