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Terms of Service Agreement

This terms of service agreement ("Agreement") is between Purview Technologies, Inc., a Delaware corporation (referred to hereinafter as "Purview IQ", "we", "us", or "our") and any Customer (referred to hereinafter as "Customer", "user", "you", or "your").

For purposes of this Agreement, Website means https://www.PurviewIQ.com (inclusive of any varying protocols, content, and subdomains related thereto) and Customer means any person, persons, or entity accessing the Website, whether via a free trial, paid subscription, or any other means. Further, any Customer entering into this Agreement on behalf of his or her employer represents and warrants that he or she has the necessary authority to enter into to this Agreement on his or her employer's behalf.

1. Consent

By accessing the Website, you are agreeing to be bound by these terms of service. If you do not agree with any of these terms, you are prohibited from using or accessing this Website.

2. Payment

The Customer agrees to pay the balance associated with any purchased subscription. The balance will be outlined on the payment page during checkout and on any corresponding invoices delivered to the email address used to create the account on which the purchase was made. The balance due on the most-recent invoice shall supersede any other balance in connection with a single subscription. Additionally, the Customer is responsible for the payment of all sales, use, withholding, VAT, and other similar taxes. This Agreement contemplates the purchase of one or more subscriptions.

3. Payment Method

The available payment methods are (i) by credit or debit card or (ii) by bank (i.e. ACH or Wire) via an invoice with a net-30 day payment term. Any Customer may make payments via credit or debit card; however, only a commercial Customer, which is a user purchasing a subscription on the behalf of his or her employer, is authorized to start a subscription and request payment via ACH or Wire. Accordingly, any non-commercial Customer that selects a payment method other than a credit or debit card is in violation of this Agreement. Such violation will result in the cancellation of the subscription and Purview IQ may withhold any monies paid and seek damages from either the violating Customer and/or the Customer's employer.

4. Automatic Renewal

All plans available on our Website are subscriptions that rely on recurring payments for continued access beyond the single-unit time period allotted for your initial subscription (e.g. one quarter or one year). If you choose to be billed “quarterly”, we will process your renewal on or near the same day of every third month. Similarly, if you choose to be billed “annually”, we will process your renewal on or near the same day of each year. If payment is not received within such time period, within 30 days of such time period in the case of a commercial user, or we are unable to renew your subscription based on inaccurate or outdated payment information, insufficient funds, or otherwise, we may suspend or terminate your access, in our sole discretion. Upon registering, subscribing, or entering your payment information to our Website, the Customer authorizes Purview IQ and any third-party payment processor to process the payment source and method provided to satisfy the current and all subsequent invoices/payments.

5. Free Trial

As a free trial user, you agree to provide your payment method before beginning your free trial. We will not process your payment method for payment of your selected plan during your free trial; however, following the end of your free trial we will convert your free trial into a corresponding paid quarterly subscription and process your payment method provided during checkout, which will also place your account from that date forward into automatic renewal. By providing your payment method details in conjunction with your free trial registration, you agree to these charges and practices. If you do not wish to be charged, you must cancel your free trial before the end of your free trial.

6. Cancellation

Your subscription may be cancelled at any time via your user profile page or by emailing support@purviewiq.com. If you cancel your subscription, your account will remain active until the end of your then-current subscription term to the extent your balance is paid and this Agreement will continue in effect and will govern such period thereafter until its expiration or earlier termination for cause. If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription plan. Also, Purview IQ reserves the right to suspend or cancel any subscription or any specific user account if it believes a violation of these terms of service has occurred. Other than as set forth herein, we will not offer refunds on any fees or charges related to your plan—this includes any partially used or unused periods for which you have already paid unless you are either upgrading or downgrading to a different plan. Your obligation to pay fees continues through the end of the subscription term.

7. Refunds

All portions of any processed payment or outstanding balance, whether paid quarterly or annually, are completely non-refundable. Exceptions for extenuating circumstances may be considered by emailing support@purviewiq.com; however, we are in no way required to refund any portion of a processed payment or outstanding balance.

8. Plan Scope

Purview IQ offers various subscription plans. Each plan varies in terms of access, features, and information available to the Customer. No single plan is required to offer all of the functionality capable by the Website. Also, the relative pricing of plans may or may not be indicative of the scope, access, features, or information available under any particular plan. We encourage any user to sign up for a free trial to preview the available features of any desired plan.

9. Proprietary Property

  1. The software, workflow processes, user interface, designs, know-how, and other technologies provided by Purview IQ as part of the Website are the proprietary property of Purview IQ and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Purview IQ. The Customer must not remove or modify any proprietary marking, code, or data in the Website. Purview IQ reserves all rights unless expressly granted in this Agreement.
  2. The Customer must not (i) sell, resell, rent, or lease the Website or use it in a service provider capacity; (ii) use the Website to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Website; (iv) attempt to gain unauthorized access to the Website or their related systems or networks; (v) reverse engineer the Website; or (vi) access the Website to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

10. Feedback

By submitting any ideas, suggestions, or feedback to Purview IQ, you agree that such items submitted do not contain confidential or proprietary information. Further, you hereby grant Purview IQ an irrevocable, unlimited, royalty-free, and fully-paid perpetual license to use such items for any business or non-business purpose so as to improve the Website or any subsequent technologies.

11. Liability

  1. Purview IQ is not liable for any indirect, special, incidental, or consequential damages based upon, arising out of, or related to this Agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.
  2. Purview IQ’s total liability based upon, arising out of, or related to this Agreement (whether in contract, tort, or otherwise) must not exceed the amount paid by the Customer within the six month period prior to the event that gave rise to the liability.

12. Equitable Relief

You acknowledge that a breach of any proprietary rights described in this Agreement may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

13. Indemnity

If any third-party brings a claim against Purview IQ, or requires Purview IQ to respond to a legal process, related to a Customer’s acts, omissions, data, or information within the Website, The Customer must defend, indemnify, and hold Purview IQ harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim or request.

14. Links

Purview IQ has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Purview IQ. Use of any such linked site is at the user's own risk.

15. Accuracy of Materials

The materials appearing on our Website could include technical, typographical, geographic, or photographic errors. Although we strive for accuracy, we do warrant that any of the materials on our Website are accurate, complete, or current.

16. Changes to Website

We may make changes to the materials, content, layout, and features of our Website at any time without notice.

17. Assignment

If Purview IQ or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your information in accordance to this Agreement.

18. Modifications to this Agreement

  1. This Agreement constitutes the entire Agreement between Purview IQ and the Customer and supersedes any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. The Customer is not relying on any representation concerning this subject matter, oral or written, not included in this Agreement. No representation, promise or inducement not included in this Agreement is binding.
  2. We reserve the right to change or modify these terms of service and our privacy policy at any time. Any such change or modification will be effective immediately upon posting to the Website; however, any changes to sections 21 and 22 (i.e. Governing Law and Jurisdiction) will not apply to any disputes for which the Purview IQ and the Customer have actual notice on or prior to the date the change is posted on the Website. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Website periodically to be aware of any changes or modifications.

19. Severability

If any term or clause, or part of any term or clause, within this Agreement is invalid, illegal, or unenforceable, all other terms must remain in effect. However, any such a term or clause may be revised to the extent required according to the opinion of the applicable jurisdiction to render the Agreement enforceable or valid so as to preserve the original intent to the fullest possible extent.

20. Force Majeure

Except only for payment obligations, neither Purview IQ nor the Customer will be liable for any actual or alleged damages based upon or arising out of circumstances beyond our or your reasonable control.

21. Governing Law

This Agreement must be governed by and construed in accordance with the laws of the State of Delaware.

22. Jurisdiction

The Customer will submit any and all disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of the State of Colorado. Otherwise, the Customer and Purview IQ can agree to arbitration or out-of-court settlement via written Agreement only.

23. Notice

Any notice which may be required to be given under this Agreement, will be given: (i) by us to you via email to the email address you maintain in your account settings or by notifying you electronically by displaying the notice within the Website; (ii) by you to us in any commercially reasonable manner, including certified mail, return receipt requested, email, or any other customary means of communication at the applicable mailing address set forth below, as may be updated from time to time. Any notice given otherwise than in accordance with this section will be deemed ineffective.

Purview Technologies, Inc.
1624 Market Street
Suite 226 #53451
Denver, Colorado 80202
Attn: Legal - Purview IQ
Email: legal@purviewiq.com

All other feedback, comments, questions, requests for technical support, or other communications should be directed to our support team at support@purviewiq.com.

Updated: June 27, 2019