Terms of Service
These Terms of Service are a contract between you and iCapture, a company with its principal place of business at 2323 S Vista Ste 100, Boise, ID 83705 USA. Straight Shot Solutions Inc. dba. iCapture.com operates www.iCapture.com (“iCapture Site”) and the screen questionnaire document generation, collection and storage services therein (collectively the “Service”). By using the iCapture Site and any services accessible from the iCapture Site, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
iCapture reserves the right, at its sole discretion, to modify, discontinue, or terminate the Site or Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” in these Terms of Service. By continuing to access or use the Site or Services after we have posted a modification to these Terms of Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Site and Services.
VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE POTENTIAL TERMINATION OF YOUR RIGHT TO USE THE ICAPTURE SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE ICAPTURE SITE AT YOUR OWN RISK.
YOUR ACCOUNT
In order to open an “Account” on the iCapture Site, you must (i) agree to these Terms of Service, (ii) provide a valid email address, and (iii) provide any other information required by iCapture during the registration process. You will update this information to maintain its accuracy during the term of this Service. You are responsible for maintaining the security of your account and password. iCapture cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are also responsible for all content that you may post on the iCapture Site (“Content”) and activity that occurs under your Account (even when Content is posted by others who have accounts under your Account). Personally identifiable information submitted by you shall be subject to iCapture’s Privacy Policy. One person or legal entity may not maintain more than one free Account. Accounts registered by “bots” or other automated methods are not permitted.
LICENSE GRANTS AND RESTRICTIONS
iCapture hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the iCapture Site, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit the iCapture Site to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the iCapture Site. All rights not expressly granted to you are reserved by iCapture and its licensors. You shall not (i) modify or make derivative works based upon the iCapture Site; (ii) reverse engineer or access the iCapture Site in order to (a) build a competitive product or service, (b) build a product using similar features, functions, or graphics of the iCapture site, or (c) copy any features, functions, or graphics of the iCapture Site. You further acknowledge and agree that, as between the parties, iCapture owns all right, title, and interest in and to the iCapture Site, including all intellectual property rights therein.
YOUR RESPONSIBILITIES
You are responsible for all activity occurring under your accounts and are solely responsible for compliance with all applicable local, state, national, and foreign laws; as well as treaties and regulations relating to your use of the iCapture Site, including those related to the protection of intellectual property, data privacy, international communications, and the transmission of technical or personal data. You shall: (i) notify iCapture immediately of any unauthorized use of any password or account or any other known breach of security; and (ii) report to iCapture immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you. If iCapture learns of unauthorized activity, we will inform you.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the iCapture Site, including, without limitation, modems, hardware, server, software, internet browsers, operating system, networking, web servers, long distance and local telephone service, but excluding the iCapture Site itself (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the iCapture Site. You shall also be responsible for the use, and maintaining the security, of the Equipment.
CONFIDENTIALITY
Either party may disclose Confidential Information to the other party during the Term of this Agreement. “Confidential Information” means all information disclosed by the disclosing party to a receiving party and which is labeled “confidential” or the like, or that reasonably should be understood to be confidential given the nature of the information itself or the circumstances of its disclosure. The following information shall be considered confidential whether or not marked or identified as such: (i) all content uploaded to the iCapture Site by you or on your behalf, and (ii) the disclosing party’s strategic roadmaps, product plans, product designs and architecture, technology and technical information, security processes, security audit reviews, business and marketing plans, and business processes. Confidential Information will not include information that was (i) already known to receiving party at the time of disclosure by the disclosing party; (ii) was disclosed to the receiving party by a third party who had the right to make such disclosure without any confidentiality restrictions; (iii) is, or through no fault of the receiving party has become, generally available to the public; or (iv) was independently developed by receiving party without use of the disclosing party's Confidential Information.
The receiving party will use no less than a reasonable standard of care to safeguard the Confidential Information received from the disclosing party. The receiving party will only use the Confidential Information of the disclosing party: (a) to exercise its rights and perform its obligations under this Agreement; or (b) as otherwise required by law.
Neither party will disclose Confidential Information in violation of the terms and conditions of this Agreement to any third party without the prior written consent of the other party. Notwithstanding the foregoing, each party may disclose Confidential Information, including the terms and conditions of this Agreement, without the prior written consent of the other party: (a) as compelled by law provided that to the extent legally permissible the receiving party gives the disclosing party prior notice of such compelled disclosure and reasonable assistance, at the disclosing party's expense, if the disclosing party seeks to contest such disclosure; (b) in confidence, to legal counsel, accountants, banks, and financing sources and their advisors; (c) in connection with the enforcement of this Agreement or rights under this Agreement; and (d) the terms and conditions of this Agreement in confidence, in connection with an actual or proposed merger, acquisition, or similar transaction.
IMPERMISSIBLE ACTS
As a condition to your use of the iCapture, you agree not to: Upload, post, email, transmit, or otherwise make available any information, materials, or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred, or harm against any individual or group;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Phish, collect, upload, post, email, transmit, or otherwise make available any login data and/or passwords for other websites, software, or services;
Phish, collect, upload, post, email, transmit, or otherwise make available credit card information or other forms of financial data used for collecting payments;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the iCapture Site;
Upload, post, email, transmit, or otherwise make available any information, materials, or other content that infringes another’s rights, including any intellectual property rights;
Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Use any manual or automated software, devices, or other processes to “crawl,” “spider,” or “screen scrape” any web pages contained in the iCapture Site;
Reverse engineer, decompile, or disassemble any of the software used to provide the iCapture Site;
Reproduce, duplicate, copy, or exploit any other portion of the iCapture Site, without the express written permission of iCapture;
Interfere with or disrupt the iCapture Site, or any servers or networks connected to the iCapture Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the iCapture Site;
Obtain, collect, store, or modify the personal information about other iCapture clients/users;
Modify, adapt, or hack the iCapture Site, or falsely imply that some other site is associated with the iCapture Site or iCapture; or
Use the iCapture Site for any illegal or unauthorized purpose. You must not, in the use of the iCapture Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
INDEMNIFICATION
iCapture will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the iCapture Site or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents, or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation, or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which iCapture is a party or has, or should have, knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure, or commercialization of any part of the iCapture Site by iCapture; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses, and expenses relating to or arising from (a), (b) or (c) above.
BACK OFFICE
In the course of using the iCapture Site, you may create certain launch screens, background templates, graphics, or questionnaires and load or post such documents into the iCapture Back Office for other users of your company.
FEEDBACK
In the course of using the iCapture Site, you may provide iCapture with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the iCapture Site (collectively “Feedback”). You hereby grant iCapture a worldwide, irrevocable, perpetual, royalty-free, transferable, and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback.
PAYMENT, REFUNDS, UPGRADING, AND DOWNGRADING
Free accounts, which provide a limited access to the Service, are not required to provide a credit card number. The iCapture Site is billed in advance on a yearly basis in accordance with our pricing schedule and all payments are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. You will be billed Net 30 from the date of purchase on an annual basis unless a superseding agreement is in place and alternative terms are approved.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
We reserve the right to automatically bill your account, either by charging the credit card on file or issuing an invoice) for the usage of services used in excess of your account’s active device licenses or other consumable products (ie. business card transcriptions). In the event the credit card on file is not valid, the account may be inactivated until the account is brought current and such licenses or products are paid in full. DOWNGRADING YOUR ICAPTURE SITE MAY CAUSE THE LOSS OF CONTENT, FEATURES, OR CAPACITY OF YOUR ACCOUNT. ICAPTURE DOES NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
VIOLATION OF THESE TERMS OF SERVICE
iCapture reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. iCapture may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that iCapture has no obligation to pre-screen or monitor your access to or use of the iCapture Site or any information, materials, or other content provided or made available through the iCapture Site, but has the right to do so. You hereby agree that iCapture may, in the exercise of iCapture sole discretion, remove or delete any entries, information, materials, or other content that violates these Terms of Service or that is otherwise objectionable.
CANCELLATION/TERMINATION
iCapture, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service and fail to take reasonable measures to resolve such breach within 30 days of notice of such breach. In such a case, iCapture may refuse to provide you any current or future use of the iCapture Site, or any other iCapture service. Any termination of your Account will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. This information cannot be recovered from iCapture except within 30 days after your account is terminated; however, iCapture may for a time retain residual information in our backup and/or archival copies of our database. iCapture reserves the right to refuse service to anyone for any reason at any time.
MODIFICATION TO THE ICAPTURE SITE AND PRICES
iCapture reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the iCapture Site and Service (or any part thereof) with or without notice. Prices of all iCapture Sites, including but not limited to monthly and yearly subscription plan fees to the iCapture Site, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the iCapture Site and submitting new pricing in writing to the client. iCapture shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the iCapture Site.
iCapture reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current iCapture Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the iCapture Site after any such changes shall constitute your consent to such changes.
COPYRIGHT AND CONTENT OWNERSHIP
We claim no intellectual property rights over the material you provide to the iCapture Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any content. iCapture does not pre-screen content, but iCapture and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the iCapture Site.
REPRESENTATIONS AND WARRANTIES
iCapture represents, warrants, and covenants that: (i) iCapture is not bound by any covenant or restriction in any agreement or instrument that would prevent the its full provision or performance of the Services or its obligations under this Agreement; (ii) iCapture shall perform the Services and its obligations in accordance with this Agreement, all applicable laws, and the highest prevailing standards of its industry, in a commercially reasonable, professional, and workmanlike manner; (iii) all work and services provided by iCapture under this Agreement shall be iCapture’s original work and none of the Services or intellectual property or any development, use, production, distribution, or exploitation thereof shall infringe, misappropriate, or violate any intellectual property or other right of any other person or entity.
DISCLAIMER OF WARRANTIES
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE ICAPTURE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. ICAPTURE AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND; NON-INFRINGEMENT OF PROPRIETARY RIGHTS. ICAPTURE AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. ICAPTURE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND; (V) ANY ERRORS IN THE ICAPTURE SITE WILL BE CORRECTED. ICAPTURE AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. ICAPTURE AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE ICAPTURE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE ICAPTURE SITE.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE TOOLS AND CONTENT ON THE ICAPTURE SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ICAPTURE OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR ICAPTURE SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF ICAPTURE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR ICAPTURE SITE, FROM INABILITY TO USE THE SERVICES OR ICAPTURE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR ICAPTURE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ICAPTURE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE ICAPTURE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall iCapture or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
SERVICE AND MAINTENANCE TERMS
The Services Term is effective from the date of purchase or as stated otherwise in your invoice supplied from iCapture (“Effective Date”). The terms and conditions reflect a single or multi-year term unless stated otherwise in your invoice document. iCapture is not required to administer Service once the Services term expires.
In addition, iCapture may, at its option, renew the Service by sending Customer an invoice or continuing to make the Service available to Customer. Customer may (where permitted by law) agree to such renewal of the Service by paying such invoice by its due date or by continuing to use the Service. If Customer renews the terms of service by continued use of the Service, Customer will be invoiced in a manner substantially similar to their initial term of Service.
Should Customer request additional services outside the scope of the purchased Services, the Customer will be informed of pending additional charges.
Termination: Either party may terminate this Agreement if the other party commits a material breach and the breach is not cured within ten (10) days of receipt of written notice from the injured party.
Third-Party Products & Warranties: "Third Party Products" means any third-party hardware, Services or software not purchased through iCapture and not included on a iCapture Service contract. Except as agreed to in writing between Customer and iCapture, iCapture shall have no responsibility or liability for Third Party Products and Customer shall look exclusively to the third party provider for any damages or liability with respect to the provision of such Third Party Products.
CUSTOMER SUPPORT
Support shall include the following solely for Current Products:
- (a) iCapture Support. Customer Contact(s) will have access to iCapture Support via email, web submission, or support tickets, as well as certain iCapture product documentation and other resources. Additionally, the iCapture Knowledge Base is located at: http://help.icapture.com.knowledge for customer contact(s) to assist with diagnosis and problem resolution.
- (b) Support Requests. The ability to create support requests online, allowing Customer to describe technical challenges privately to: (a) determine if a problem Customer is encountering is attributable to an Error and (b) to assist in resolving Errors reported by Customer that occur during normal usage of the iCapture solution.
- (c) Updates. iCapture will make available to Customer Updates to the iCapture site or mobile application. iCapture makes such Updates available for general release via the the iCapture site or updated version of the mobile application, and to the extent such Updates apply to the iCapture solutions covered by this Agreement.
- (d) Error Correction. iCapture will use reasonable commercial efforts to remedy Errors reported by Customer to iCapture. Such remedy may consist of corrected portion(s) of the mobile application, Patches, or communication to Customer of a Workaround that gives Customer the ability to achieve substantially the same functionality as would be obtained without the Error, as determined by iCapture.
LIMITATIONS ON SUPPORT AND MAINTENANCE SERVICES
The following limitations and restrictions shall apply to all support and maintenance services provided under this Agreement:
Business Hours, Language. iCapture shall provide all support services (telephone, email, web submission, or support tickets) to Customer Monday to Friday 7am-9pm and Saturday to Sunday 8am-7pm (Mountain Time Zone in the US) excluding iCapture’s recognized holidays. Web-based Support Services Coverage (Email, Web Submission, or Support Tickets) is available on Off-Normal Business hours. All support and maintenance shall be conducted in the English language only.
Unsupported Components and Products. Support and maintenance is only valid and available for the iCapture site and mobile application in the form provided by iCapture to Customer. iCapture shall have no obligation to provide support for any component thereof (including components of Current Products) marked as “unsupported” or otherwise designated as not being eligible for support. iCapture does not, and has no obligation, to provide standard support and maintenance for Legacy Products.
Out Of Scope. If Customer requests, and iCapture agrees, to further customize the solution, or correct any problems or issues not covered by this Agreement, Customer will pay iCapture for all such work performed at iCapture’s then current standard time and materials charges. Such amount shall be due and payable within thirty (30) days of the applicable iCapture invoice date.
Mobile Application Updates. iCapture has no control over the terms, limitations, policies or procedures of the Google Play or Apple App store. As a result, iCapture strongly recommends that all users confirm that all data is synced from the device prior to installing any updates from either the Google Play Store or Apple App Store.
Mobile Application Availability. iCapture has no control over the terms, limitations, policies, or procedures of the Google Play or Apple App store. As a result, iCapture cannot guarantee the availability of the iCapture app in either the Google Play Store or the Apple App Store. In the rare event that the iCapture app is not available in the Google Play Store or Apple App Store, iCapture will provide the Customer with a way to side-load the app to Customer as a fully capable workaround to achieve substantially the same functionality as would be obtained without the issue, as determined by iCapture, until such availability is restored.
Maintenance on Current Versions Only. iCapture Updates, Patches, and bug fixes are only effective on the latest version of the mobile application. For clarity, the latest version of the mobile application is a version that has been updated with all the most current Updates and Patches released or made available for such version of the mobile application. If Customer has not incorporated all available Updates, Patches, and bug fixes to the iCapture app, any subsequently released Patches, Updates, or bug fixes may not be effective or usable on such legacy versions.
iCapture shall have no obligation to investigate or correct problems (including Errors) that cannot be reproduced by iCapture based on information provided by Customer; or that are due to a breach by Customer of the terms of the MSA; or that cannot be remedied due either to the operational characteristics of the device on which the mobile application is used; or to modifications to the mobile application made by Customer or any third party. iCapture will use commercially reasonable efforts to provide the services under this Agreement; however, Customer acknowledges that iCapture cannot guarantee that every question, problem, issue, or Error reported by Customer can or will be resolved. The terms of this Agreement, including without limitation, any obligation of iCapture to provide support and maintenance hereunder, apply to Customers purchasing support and maintenance for solutions licensed directly from iCapture. Except as otherwise agreed to in writing, this Agreement shall not apply to, or obligate iCapture to provide, any support and maintenance services for iCapture products that a customer obtains from or through any source other than iCapture, including, but not limited to, a distributor.
GENERAL
These Terms of Service will be governed by and construed in accordance with the laws of the State of Idaho, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of iCapture. If you suspect unethical behavior, please contact help@icapture.com.
Revised: 10-07-2021