fSense Terms of Service
Last modified Date: December 28, 2016.
By using our product, you are agreeing to these terms. Please read them carefully.
If you do not agree to all of the terms set forth herein, in whole or in part, do not install or attempt to use the services.
Upon using the software and/or services referenced herein you accept the terms of this agreement. By accepting the terms of this agreement, you acknowledge that you have read, understood, and agree to be bound by all of the terms, conditions, and notices contained in this agreement just as if you had signed this agreement.
You are solely responsible for using the services in a manner that complies with the law, rules, directives, regulations, and any and all other applicable requirements of government and regulatory authorities, including, but not limited to, employment and privacy related laws (collectively “laws”). You shall not use the software or services referenced herein in any manner that violates the laws or otherwise is not expressly permitted herein.
This is an agreement (“EULA”) between you, the end user (“Licensee”), and fSense (or “Licensor”) for the use of the time tracking, work force desktop monitoring and other related business services (the “Services”) provided by Licensor through the website located at www.fsense.com (“Website”) and/or a client access application (“Application”) licensed to you by Licensor. As part of the Services, Licensor will make available to you for download from the Website software (“Software”) to be installed on each computer of your employees, agents, or contractors, whose use of the Software and Services you hereby agree to monitor to ensure compliance with this End User License Agreement (“EULA” or “Agreement”) and any and all applicable Laws.
Grant of License
The Services and Software are protected by copyright laws and international copyright treaties, as well as other applicable intellectual property laws and treaties. In consideration of payment of the License fee (if any, based on a chosen paid plan or even a free plan), which is part of the price you paid for the use of the Services and Software, Licensor grants you, as Licensee, a nonexclusive, non-transferable right to install the desktop agent application to monitor the exactly contracted number of monitored computers, based on the chosen plan. Also, it’s possible to track all collected data in the online dashboard with no limits in features’ usage. All rights not expressly granted herein are retained by Licensor. Except as allowed under this Agreement, you agree not to reproduce, copy, modify, translate, reverse engineer, disassemble, de-compile or otherwise attempt, or permit others to attempt, to discover the source code of the Software, in whole or in part. You agree not to use the Software in any way to design or develop a competing software product. You shall not sublicense, distribute or otherwise make the Software available to a non-party to this EULA. You shall not permit any parent, subsidiaries, affiliated entities or non-parties to this EULA to use the Software without the prior written permission of Licensor or conditions not covered by this EULA. You can propagate the provided documentations provided by the Licensor once you keep the producer source and rights.
Ownership of Software
As Licensee, you can install the desktop agent application and track collected data online using the provided dashboard interfaces (web or mobile, if any) but Licensor retains title and ownership of the distributed installer (desktop agent application) as well as the web and mobile applications available.
Price and Payment
Monthly fees for the use of the Services will be determined by the chosen paid plan, if any. You must pay the License fee within the period indicated in the applicable invoice sent or provided to you by Licensor. Licensor retains the right to increase pricing for the Product and Services of Licensor. Invoices will be sent to you on a monthly basis via electronic mail or such other form as the parties hereto may agree. Where payment is made via credit card, Licensor will charge your selected credit card the monthly subscription fee once each month. The charges will be for the following month; the charges will be made at approximately the same time every month. Licensor has contracted with authorize.net to handle all of its credit card processing. Accordingly, Licensor main retain (not mandatory) credit card information on its own servers provided that it’s kept secure and under security covers granted by security certifications (e.g. PCI Security Standards). Where payment is made via another payment method, Licensee shall have fourteen (14) days from the date of the invoice to pay the invoice in full. No monthly fees are required if the chosen plan is a free plan (e.g. Basic Plan).
The Software, including, but not limited to, any and all databases, images, videos, audios and/or text incorporated into the Software, are generated by the Licensor based in the collected data of monitored computers. This EULA grants you rights to use the generated content on behalf of your analysis to gain insights about efficiency gaps and other value propositions provided by the product but it is your responsibility to make sure that the data are used in a correct manner. If this Software contains documentation of any kind, you can print and use them on your own behalf but must keep rights and source provider in the documentation, if any. Except for any copies of this EULA, you may not copy the printed materials accompanying the Software without keeping respective rights. You may not reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sublicense, make copies of, create derivative works from, distribute or provide others with the Software in whole or part, transmit or communicate the application over a network. Licensor owns all right, title and interest, whether by copyright or common law, to all web pages, graphics, databases and codes contained in its web site and on its servers, whether generated by Licensor or any other party. Unauthorized copying of the Software, including modifications of the Software or programs in which the Software has been merged or included with other software products is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this EULA.
Based on the monitoring nature of the software, you hereby grant to Licensor the rights to collect and display events of monitored computers to logged users linked to your known account. The Licensor is committed to protect your data from being displayed to users of another account (a forbidden one). Also, you grant to the Licensor rights to collected eventual business data that will be displayed on the dashboard ONLY if previously allowed by you (over configuration or any other mechanism provided by the Licensor). By that, you agree to correctly configure needed permissions to allow the correct application behavior based on your needs. You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Software or Services without Licensor’s prior written consent. You may not modify, adapt, translate, or create derivative works based on the accompanying manual, Services, or Software absent the written consent of Licensor.
You, the owner of an account, are responsible for being committed and compliant with existing privacy policies of the environment you belong, being totally responsible for ensuring that the monitored computers can really be monitored and also ensure that you are not infringing on the privacy of any users using those computers.
The Software is licensed only to you, as Licensee, and may not be transferred to anyone without Licensor’s prior written consent or process provided by the Licensor. Any authorized transfer of the Software shall be subject to the provisions of this EULA and applicable Laws. You agree not to use the Services in way to design or develop competing services, software, documentation, or products. In no event, may you transfer, assign, rent, lease, sell, or otherwise dispose of the Software on a permanent or temporary basis except as expressly provided in this EULA.
The Licensor may create, from time to time, an updated or modified version of the Software. These updated or modified versions will be shipped to current users automatically. By that, users can notice slight changes on the user interface or the features themselves.
Licensor may, at its option, provide you with support services related to the Software (“Support Services”). Use of the Support Services, if any, is governed by Licensor’s policies and programs described in Licensor’s website and online documentation, and/or in other Licensor-provided materials. Any supplemental Software code provided to you in connection with the Support Services will be considered part of the Software, and will be subject to the terms of this EULA. With respect to technical information you provide to Licensor as part of the Support Services, Licensor may use such information for its business purposes, including, but not limited to, for product support and development. Licensor will not utilize such technical information in a form that personally identifies you, except to the extent necessary to provide you with support.
The license(s) granted by this EULA are effective until terminated. The license(s) will automatically terminate from Licensor if you fail to comply with any provision of this EULA, including, but not limited to, any failure to pay the monthly subscription fee. You may cancel your subscription at any time by notifying Licensor in writing, including by going on-line. Upon termination of the license(s), you will not be allowed to log into the system or collected data so the desktop agent application should also be uninstalled.
Deactivation of Account
Upon non-payment or rejected payment, your account will be marked “Billing Error” and your user name and password will be deactivated on our servers, and you will have no further access until payment is made current (except for free plans). Failure of your credit card to accept a given charge will be treated as a cancellation of this EULA. You must go to https://fsense.com and contact the support team to provide credit card information to make payments due and replace the then current credit card designation, if desired. If the problem is not corrected within ninety (90) days from the original delinquent date, your account will be deleted permanently. You shall remain liable for all incurred but unpaid charges. Therefore, Licensor shall only retain Licensee’s data for a period of ninety (90) days after cancellation, non-payment, or rejected payment, at which time if payment has not been made current, Licensor reserves the right to delete any and all of Licensee’s data stored on our servers. Your license to the Software automatically terminates if you fail to comply with the terms of this EULA.
If any term of this EULA is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make such term enforceable, and the remaining portions of this Agreement will remain in full force and effect.
No waiver of any right under this EULA will be deemed effective unless contained in a writing signed by a duly authorized representative of the party against whom the waiver is to be asserted. No waiver of any past or present right arising from any breach or failure to perform under this EULA will be deemed to be a waiver of any future rights arising out of this EULA.
This EULA constitutes the entire agreement between the parties with respect to its subject matter, and supersedes any and all prior agreements, proposals, negotiations, representations, or communications relating to the subject matter. Both Licensor and Licensee acknowledge that they have not been induced to enter into this EULA by any representations or promises not specifically stated herein.
Licensor will not share with or divulge to third parties, except as required by law, any of your confident user information, including, but not limited to, username, password, collected events and data, without prior permission, except where reasonably necessary to further the corporate management of Licensor (i.e. merger, acquisition, and other necessary corporate modifications or changes). The Licensor is committed to keep the Licensee’s data safe and guarantees that only the Licensee can see its own data.
Disclaimer of warranties and limitation of damages
The software and services are provided by licensor “as is” without warranty of any kind including, but not limited to, the implied warranties of merchantability and fitness for a particular use. Further, licensor does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the services or software in terms of correctness, accuracy, reliability, or otherwise. The entire risk as to the performance of the software is assumed by you. No oral or written advice or information given by licensor, licensor’s agents, distributors, or employees shall create a warranty, and you may not rely on such advice or information. You agree to indemnify and hold licensor harmless from and against any and all loss, liability, and/or damage, whenever and however sustained by you.
You acknowledge and agree that errors in generating webpages and reports are possible. When such errors are identified, licensor will correct them; however, you agree not to hold licensor liable in any manner whatsoever for such errors. to the maximum extent permitted by applicable law, in no event will licensor or its suppliers be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever, arising out of or in any way related to the use or inability to use the services or software, whether based on contract, tort, negligence, strict liability or otherwise, even if licensor or any supplier has been advised of the possibility of such damages. This exclusion of damages will be effective even if any remedy fails of its essential purpose. In no event shall licensor be held liable to you for any claims arising from the use of the services or software or otherwise arising out of this agreement in an amount that exceeds the amount of fees paid by you hereunder in the year preceding the event(s) giving rise to the claim.
If you have any questions about this EULA, or if you wish to contact Licensor for any reason, please email Licensor at email@example.com or at such other address as may be provided to you by Licensor.