- 1 Introduction This agreement (“Agreement”) constitutes a legally binding contract between you, the user, and Infield Alive (“Company”) regarding your use of our free to use software and SaaS service (“Service”). By using the Service, you agree to be bound by the terms of this Agreement.
- 2 License The Service is made available to you under a non-exclusive, non-transferable license that is conditioned on your agreement to comply with all of the terms and conditions set forth in this Agreement.
- 3 Intellectual Property All rights, titles, and interests, including but not limited to intellectual property rights, in and to the Service and its components are owned by the Company. The Service is protected by applicable intellectual property laws and treaties. You agree not to modify, reverse engineer, disassemble, or decompile the Service, nor to create any derivative works based on the Service.
- 4 Data Privacy The Company respects your privacy and is committed to protecting your personal information. Our privacy policy, which is incorporated into this Agreement, outlines our practices regarding data collection, use, storage, and protection. You acknowledge and agree that the Company is not responsible for any data loss or security breaches that may occur while using the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- 5 Disclaimers The Service is provided on an “as is” basis, without any warranties or representations, express or implied. The Company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that the Company is not liable for any damages, including but not limited to lost profits, data loss, or security breaches, arising from or in connection with your use of the Service.
- 6 Limitation of Liability In no event shall the Company be liable for any direct, indirect, incidental, special, or consequential damages arising from or in connection with your use of the Service. You acknowledge and agree that the Company’s liability shall be limited to the amount paid by you (if any) to use the Service.
- 7 Indemnification You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses arising from or in connection with your use of the Service, your breach of this Agreement, or your violation of any applicable law or regulation.
- 8 Governing Law and Dispute Resolution This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located, without giving effect to any choice or conflict of law provision or rule. Any dispute arising from or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- 9 Changes to the Agreement The Company reserves the right to modify this Agreement at any time, in its sole discretion, by posting a revised version on our website or by notifying you via email. Your continued use of the Service after such changes constitutes your acceptance of the revised Agreement.
- 10 Termination This Agreement shall remain in effect until terminated by either party. You may terminate this Agreement at any time by ceasing to use the Service and deleting your account. The Company reserves the right to terminate this Agreement and your access to the Service at any time, with or without cause, by providing notice to you via email or through the Service. Upon termination of this Agreement, all licenses granted to you shall immediately terminate, and you shall immediately cease all use of the Service. Sections 3, 4, 5, 6, 7, 8, and 11 of this Agreement shall survive any termination of this Agreement.
- 11 Miscellaneous This Agreement constitutes the entire agreement between you and the Company regarding your use of the Service and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of the Company to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. You may not assign or transfer this Agreement or any of your rights or obligations hereunder without the prior written consent of the Company. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. If you have any questions or concerns regarding this Agreement, please contact us using our contact us page.
