Terms of Service
HOSTED APPLICATION SERVICE AGREEMENT
This service agreement (“License”) is by and between you the user ("User") and Inform, LLC (“Service Provider”).
Description of Services. The Service Provider is an Application Service Provider offering the use of Internet Based software application “Themeseekr,” a web-based tool to analyze large text collections. Service Provider will host, on Service Provider's equipment or equipment leased or rented by Service Provider, "Themeseekr" for User's use. Software applications hosted by Service Provider may be written, created, or modified by Service Provider or Service Provider's contractors, or may be written by third parties unrelated to Service provider. Service Provider determines which applications will be run from and hosted on Service Provider's equipment.
Availability. Subject to the terms and conditions of this Agreement, Service Provider shall use commercially reasonable efforts to provide services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. User agrees that from time to time the services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Service Provider may undertake from time to time; or (iii) causes beyond the control of Service Provider or that are not reasonably foreseeable by Service Provider, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User further agrees that the availability of the services may be inaccessible during periods of time for which Service Provider has scheduled upgrades or downgrades to the services or hosted applications. User agrees that Service Provider has no control of availability of the services on a continuous or uninterrupted basis. Service Provider makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Service Provider also disclaims any warranty of merchantability or fitness for any particular
purpose and will not be responsible for any damages that may be suffered by the User, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the User. Use of any information obtained by way of Service Provider is at the User's own risk, and Service Provider specifically denies any responsibility for the accuracy or quality of information obtained through its services. Service Provider expressly limits its damages to the User for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Service Provider specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Copyrights. All Service Provider libraries, source code, distributable files, and other files remain Service Provider’s exclusive property. Regardless of any modifications that you or Service Provider makes, you may not distribute any files (particularly Service Provider’s source code and other non-executable files) except those that Service Provider has expressly designated as distributable files. Any additional features or capabilities, cosmetic changes to any User Interface, or additions to the code-base, database, or any files associated with any Service Provider's applications remain the exclusive property of Service Provider regardless of origin of the concept of the additional features or capabilities.
Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND SERVICE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVICE PROVIDER BE HELD LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law. The laws of the State of Wisconsin shall apply to this Agreement.
Entire Agreement. This Agreement represents the entire agreement between the parties as to the subject matter discussed herein, and may only be modified or amended upon the mutual, written agreement of the parties.
