General Terms and Conditions for the Provision and Use of Online Services of InVision Software, Inc
1. The Service
a. What you get
b. Proper use
Each user of the service must be an individual for whom a separate login is created. Each login may only be used by one person. Sharing a single login between several people is not permitted, but you can create as many user logins as you like. It is your responsibility to use good password practice - for example a password of ‘password’ is not a good idea.
You are responsible for obtaining and maintaining network connections and telecommunication links from your systems in order to be able to receive the injixo services.
c. Start and end of term
The subscription term begins when you sign up for the service and continues until it is terminated by either one of us. You can sign up via the injixo website, by sending us an email or by calling us. You may terminate a subscription at any time by sending an email to email@example.com. You will be invoiced until the end of the month. There are no refunds. injixo reserves the right to terminate your access to the service any time at its sole discretion.
We work very hard to keep the injixo service live at all times and we aim to deliver Availability of at least 99.5%. This excludes interruptions of less than 15 minutes and things outside our control such as natural disasters, power outages and strikes. Scheduled maintenance is also excluded - but don’t worry, we’ll do our best to let you know about this in advance.
Here’s the science part: We use an industry-standard formula to calculate Availability. The formula refers to a full calendar year and is calculated as follows:
VF = [(VZ-AZ-NV) / (VZ-NV) * 100] ≥ 99.50%
- VF = Availability in %
- VZ = defined availability time in minutes (total time)
- AZ = Total downtimes within the defined availability time
- NV = Total of planned or excluded unavailability. This will include:
- All downtimes of less than 15 minutes
- Scheduled maintenance (no worries, we will try to notify you in advance)
- Non-Availability as a result of force majeure
We invoice you at the end of each calendar month based on:
- the peak number of active users during that month. Every day, the service counts the total number of users in your account including all users that can be scheduled (such as agents) plus all users who are not scheduled but have login credentials (such as planners). Once the month is over, we charge the highest daily user count of the month.
- the total number of chargeable workloads during that month. We define a workload as a container for one or more queues (such as phone lines) whose historical data is used to generate forecasts.
Whether a workload is charged or not is clearly indicated within injixo. Only users with appropriate rights can change the state of workloads. Once the month is over, we charge for the total number of workloads that have been in a chargeable state during that month.
The functional difference between workloads that are subject to charge and those which are free of charge is described here: https://www.injixo.com/us/pricing
Current and historical user counts and chargeable workload counts can be tracked in the Billing section of the injixo platform.
Invoices are sent to your finance contact via email. All pricing excludes VAT, sales, use and any other taxes. Payment is due 30 days after invoicing. If you are late with payments, we reserve the right to temporarily or permanently shut down your access to the service. We are not required to notify you of any shut down.
There are no refunds for past periods, but you can cancel your subscription at any time.
h. Service messages
We may send you in-app or email messages from time to time about the sites and services, such as scheduled maintenance or tips for getting the best out of the service.
2. The Legal Stuff
a. Intellectual Property Rights
a2 The trademarks, service marks, slogans, logos, trade dress and other identifiers displayed on our sites and services are the property of injixo, unless otherwise disclosed. You are prohibited from using any of these items for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.
b. Limitation of Liability
b1 We are not liable to you or any third party for loss or damages arising from any of the following circumstances:
- Availability falling below 99.5% for any reason;
- any failure or defect in the injixo sites and services;
- any failure by you to comply with normal security procedures and good internet practice;
- any failure in the injixo sites and services arising from failure or delays of the Internet or other communication networks; or
- any losses arising from circumstances beyond our reasonable control.
b2 We have no liability for loss of profits, loss of business or loss or corruption of data or for any special, indirect or consequential loss which you or any third party may incur.
b3 In no event will our liability for any claim exceed the greater of (i) the amount paid by you in the immediately preceding six months for injixo sites and services and (ii) $500.
b4 You agree that you are the only person entitled to enforce any agreement between you and injixo or to claim damages, or other relief, from injixo. Without limiting the foregoing, you agree that you will not grant any person the right to claim from injixo damages or other losses suffered by such person even where such person is a beneficiary or user of any of the injixo sites and services.
b5. We reserve the right at any time in our sole discretion to modify or suspend the service offered, with or without notice; and charge, modify or waive fees in connection with the use of our sites and services. You agree that we shall not be liable to you or to any third party for modification or suspension of the service or any of its features.
c. Force Majeure
Incidents of force majeure (any act or event beyond our reasonable control, including power outages, labor disputes, natural disasters and threats and events caused by third parties, among others) suspend the contractual obligations of the parties for the duration of the disruption and to the extent of their effect. Should the delays resulting from this exceed a period of one week, either party shall have the right to terminate the subscription with respect to the services affected. We will not be liable or responsible for any failure to perform during an incident of force majeure and there are no refunds.
d1 Both parties undertake to treat any information regarding secret knowhow or internal operating secrets of the other party acquired in the course of their cooperation as strictly confidential. This confidential information includes any information not accessible to the public about the online services of injixo, as well as your data processed as part of the online services. Either party may disclose such confidential information to the extent that disclosure is required by law or regulation.
d2 injixo is entitled to mention this subscription for public relations purposes.
e. Personal Data
e1 injixo may collect personal information from its subscribers in order to provide services. This information may be used to offer, manage or improve the sites and services. If as part of the injixo service we need to process any personal data on your behalf, then we will both make sure that we comply with our obligations under data protection legislation.
e2 injixo uses generally accepted industry standards to protect the personal information submitted to injixo or relies on the services of third parties to provide the same. However, no method of transmission over the Internet is 100% secure and we cannot guarantee the absolute security of your information.
f. Dispute Resolution
g3 You cannot transfer or assign the injixo subscription or the benefit of any agreement between you and injixo to any third party without the prior written consent of injixo.
g4 Our sites and services may include content provided by third parties. All statements made by such third parties do not necessarily reflect or opinion and have not been verified by us. We are not responsible for the content of any materials provided by any third parties whether shown on the sites and services or otherwise.
g5 All of the content provided on the sites and services is provided “as is” without any warranties concerning the content’s nature or accuracy and without representations or guarantees. injixo disclaims all warranties, express or implied, with respect to the content.
g6 You agree to indemnify and hold harmless injixo and its agents and related parties from any claim or demand by any third party arising from (i) your access to or use of the sites and services, (ii) your violation of the terms and service, and (iii) infringement by you or a third party accessing your account of any intellectual property or other right of any person or entity.
g7 injixo accepts payment via credit and debit card through our sites and services. You will need to provide certain information, including your card information, address, name and email address (“Credit Card Information”). We use commercially reasonable measures to protect Credit Card Information from misuse.
g8 injixo may use a third party payment processor to accept credit and debit card payment. The processing of payments by a third party processor will be subject to the terms, conditions, and privacy policies of the payment processor. We are not liable to you or any third party for loss or damages arising from any failure of such third party processors.
h. Changes to the agreement
Last updated October 2019.