terms new

[vc_row css=”.vc_custom_1567080336033{padding-top: 90px !important;padding-bottom: 0px !important;}” el_class=”inc_wrapper container”][vc_column][vc_custom_heading text=”INFINCE Terms of Use” font_container=”tag:h1|text_align:left|color:%2325233f” google_fonts=”font_family:Josefin%20Sans%3A100%2C100italic%2C300%2C300italic%2Cregular%2Citalic%2C600%2C600italic%2C700%2C700italic|font_style:700%20bold%20regular%3A700%3Anormal” css=”.vc_custom_1569393815095{margin-bottom: 30px !important;}” el_class=”heading2″][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577169474516{margin-bottom: 25px !important;}”]Welcome Infince users! This Terms of Use agreement governs the use of and access to Infince, a cloud-based business process management solution for enterprises (“Services”), provided by Fingent Corporation and its affiliates (“Fingent,” “we,”“us”or “our”).  By using our Services, you agree to be bound by these Terms of Use.[/vc_column_text][vc_custom_heading text=”Definitions” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1576219850810{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577169491674{margin-bottom: 25px !important;}”]

  • “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
  • “Consulting Services” means the professional services we describe on the Website and make available to you, including training, installation, integration, and more.
  • “Content” means all the text, pictures, files, links, geolocation data, reports and other information or material posted, transmitted or stored through the Services.
  • “Subscriber” refers to you, the purchaser of the Services, including your affiliates, agents, representatives, employees, independent contractors, or any other person authorized to act on your behalf.
  • “User” means the Subscriber and any other person authorized by the Subscriber to use the Services on the Subscriber’s behalf.
  • “Website” means the Infince website at www.infince.com.
  • “You” and “yours” refer to Subscribers and Users.

[/vc_column_text][vc_custom_heading text=”User Sign Up and Account Obligations” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577168699483{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577169674706{margin-bottom: 25px !important;}”]You need to sign up for a User account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for internal use, all internal users of your organization need to provide user account details.  You agree to: a) provide true, accurate, current, and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.

If you connect to any Services through a third-party service, you grant us permission to access,use, and store your information, such as login credentials, for that service, as permitted by its policies.


All information that you provide will be governed by our Privacy Policy .  You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

As a User, you are responsible for all activities that occur under your account. You shall not share your password with any third party. You may not transfer your account to any third party without our prior written consent. You accept all risks of unauthorized access to your User Content or other information you provide Fingent.

You agree to notify Fingent immediately of any actual or suspected unauthorized use of your account or any other breach of security. Fingent will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by Fingent or any third party due to someone else using your account or password.

Fingent is concerned about the safety and privacy of all its Users, especially children. For this reason, children (under the age of 18) are not permitted to use this service without the supervision of an adult or legal guardian. 

All parties involved should exercise caution and discretion before sharing any credit card information, passwords, account numbers, or any other relevant personal information. User acknowledges and agrees that Fingent will not be held responsible or liable for any content posted by Users or for any communication or dispute that arises between User or any third parties.

YOU AGREE BY REGISTERING THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT. AMONG OTHER THINGS, THIS MEANS (1) IF YOU ARE REGISTERING FOR AN INDIVIDUAL LICENSE ACCOUNT, YOU MUST BE AN INDIVIDUAL OF AT LEAST EIGHTEEN (18) YEARS OF AGE ENROLLING UNDER YOUR OWN NAME AND (2) IF YOU ARE A DESIGNATED USER REGISTERING FOR A BUSINESS LICENSE/ACCOUNT, YOU MUST BE A BONA FIDE EMPLOYEE OR INDEPENDENT CONTRACTOR OF THE BUSINESS ENTITY IN WHOSE NAME THE LICENSE/ACCOUNT IS HELD, AND YOU MUST BE AUTHORIZED TO BIND THE BUSINESS ENTITY AND BE AUTHORIZED TO REGISTER UNDER THE NAME OF THE BUSINESS ENTITY.[/vc_column_text][vc_custom_heading text=”Acceptable Use Policy” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1576220654454{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577169803666{margin-bottom: 25px !important;}”]You must use the Services in compliance with these Terms of Use. You, the Subscriber, are responsible for the use of the Services by all authorized Users under your account. If you violate the following Acceptable Use Policy or authorize or help others to do so, we reserve the right at all times, but are not obligated to, remove User content, suspend or terminate a User’s use of the Services, or report Users to law enforcement. Our reporting may include disclosing appropriate customer information.

Content Standards. You may not use, or encourage or help others to use, the Services or Website to transmit, store, display, distribute or make available content that does any of the following:

  • contains false or misleading information or offers or disseminate fraudulent goods, services, schemes, or promotions, Ponzi and pyramid schemes, phishing, or pharming;
  • infringes or misappropriates the intellectual property rights of any other person;
  • contain information that is defamatory, obscene, abusive, threatening, upsetting, humiliating, harmful, invasive of another’s privacy or publicity rights, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
  • otherwise violates any applicable laws or regulations (including disseminating, promoting or facilitating child pornography) or any contractual or fiduciary duties.

Without limiting the foregoing, you may not access or use any Services without permission, or use, try to use, or help anyone else use these Services to

  • send unsolicited communications or spam;
  • exploit or harm minors in any way;
  • send or store any malicious software or viruses that may interfere with, disrupt, damage, overload, or expropriate our Services or systems, or those of anyone else, including via a denial-of-service or distributed denial-of-service attack;
  • use manual or electronic means to monitor, distribute, or disclose any part of the services (e.g., through robots, spiders, crawlers, or scrapers) or to avoid any use limitations placed on a system, such as access and storage restrictions;
  • breach or circumvent encryption or other security codes or tools of any network, computing device, communications system, or software application;
  • connect to any users, hosts, or networks without permission;
  • harvest or assemble any data or information regarding any other user without consent;
  • operate network services like open proxies, open mail relays, or open recursive domain name servers;
  • probe and scan the vulnerability of our systems;
  • reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services;
  • monitor data or traffic on our Services or systems without permission;
  • impersonate or spoof anyone; forge TCP-IP packet headers, email headers, or any part of a message describing its origin or route; or assume a sender’s identity without the sender’s explicit permission. The legitimate use of aliases and anonymous remailers is not prohibited by this provision.

To report any violation of this Acceptable Use Policy, please get contact us at support@infince.com[/vc_column_text][vc_custom_heading text=”Subscription Fees and Payment” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1576240425151{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1576240456766{margin-bottom: 25px !important;}”]User agrees to pay the fees in effect for your subscription at the time you purchase or renew it.  Current pricing for subscription plans is available on the Website. User shall provide a valid, up-to-date credit card number or other payment information on request. Charges must be paid in advance, either annually or in accordance with any different billing frequency stated in the applicable order. If we do not receive any payment when due, we may suspend your access to the Services. We reserve the right to modify our fees, at the end of any plan period, upon sixty (60) days’ prior notice to Subscribers.

[/vc_column_text][vc_custom_heading text=”Consulting Services” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1576240549579{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577169853577{margin-bottom: 25px !important;}”]You may purchase Consulting Services by placing an order with us. Unless we otherwise agree, we deliver Consulting Services in English and perform them remotely. Fees for Consulting Services are in addition to your subscription fee for Infince. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.

You must reimburse us our reasonable costs for all expenses incurred in performing Consulting Services on site. Any invoices or other requests for reimbursements will be payable within thirty (30) days of the date of the invoice.

The terms governing any deliverables included in Consulting Services will be described in a Statement of Work for those deliverables.
We might provide some or all elements of the Consulting Services through third-party service providers. Fees for Consulting Services are non-cancellable and non-refundable.

We might provide some or all elements of the Consulting Services through third-party service providers. Fees for Consulting Services are non-cancellable and non-refundable.[/vc_column_text][vc_custom_heading text=”Third-Party Applications” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577091828066{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577169868690{margin-bottom: 25px !important;}”]The Services contain integrations with third-party applications. If you choose to use third-party applications, you are responsible for complying with any terms and conditions of that third-party content. Third parties may use, collect, store or disclose your information. Fingent shall have no liability or responsibility for the privacy practices or other actions of any third-party applications.


Fingent does not review, monitor, endorse, warrant or make any representation with respect to third-party applications and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
[/vc_column_text][vc_custom_heading text=”Security and Data Privacy” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577091970883{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577170802952{margin-bottom: 25px !important;}”]For information about how the Company collects, uses, and shares your information, please review our Privacy Policy . You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age. If you are a child under 13 years of age, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us with personal information, please contact us.
[/vc_column_text][vc_custom_heading text=”Intellectual Property” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577092111880{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577170882185{margin-bottom: 25px !important;}”]All intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, (collectively, “Content”) are owned Fingent and its licensors or other providers of such material, and shall be subject to the terms and conditions of this Agreement. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights.  Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. You agree not to copy, modify, create any derivative works of, reverse engineer or otherwise attempt to discover any source code, sell, assign, sublicense, lease, loan, grant a security interest in or otherwise transfer any right in any part of the Content. You shall not access or use the Content for the purpose of developing any similar websites, products, or services.

All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties.  You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

You as a User grant Fingent a non-exclusive license during the term of this Agreement to use, process, store, and display User Content solely to improve the User service. You as a User represent and warrant that you own or have obtained the rights to all of the intellectual property rights subsisting in the User Content, and User has the right to provide Fingent the license granted herein to use such Data in accordance with this Agreement.

If you provide Fingent with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign  Fingent all rights in such Feedback and agree that Fingent shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Fingent will treat any Feedback that you provide  the Company as non-confidential and non-proprietary. You agree that you will not submit to Fingent any information or ideas that you consider to be confidential or proprietary.[/vc_column_text][vc_custom_heading text=”Maintenance” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577092277835{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577092329348{margin-bottom: 25px !important;}”]The Service may be temporarily unavailable for scheduled maintenance or for any unscheduled emergency maintenance, or for any other causes beyond Fingent’s reasonable control, but Fingent will use reasonable efforts to provide advance notice in writing or by email of any scheduled unavailability of the Services.[/vc_column_text][vc_custom_heading text=”Term and Termination” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577092343559{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577171057499{margin-bottom: 25px !important;}”]Your right to access and use the Services commences and shall become effective upon the effective date and shall remain in full force and effect until the end of a subscription period or until you cancel your subscription. 

User acknowledges and agrees that Fingent, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, block or prevent future access to the Services, and remove and discard any content within the Services at any time, without prior notice, for any breach  of these Terms of Use. Fingent will have no liability to you or any third party for suspension or termination of your rights under these Terms of Use.
In the event of termination, you will not be entitled to a refund for any fee(s) you have paid.

In the event of termination, you will not be entitled to a refund for any fee(s) you have paid.
[/vc_column_text][vc_custom_heading text=”No Warranties” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577092490553{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577092574077{margin-bottom: 25px !important;}”]The Service are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Services are provided without warranties of any kind, whether express, statutory, or otherwise, including but not limited to warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. 
Fingent reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that Fingent shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
Without limiting the foregoing, Fingent does not warrant that the Services will be uninterrupted, error-free, or virus-free. Any material downloaded or otherwise obtained using the Service is done at your own discretion and risk. We will not be liable for any loss or damage to your computer system or data that may result from use of the Services.
IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
WE DO NOT MAKE ANY REPRESENTATION THAT YOUR USE OF THE SERVICES WILL COMPLY WITH ANY LEGAL REQUIREMENTS IN A PARTICULAR JURISDICTION. SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER USE OF THE SERVICES IS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF ANY JURISDICTION TO WHICH THEY ARE SUBJECT. [/vc_column_text][vc_custom_heading text=”Indemnification” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577092596630{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577092708131{margin-bottom: 25px !important;}”]User agrees to indemnify, defend, and hold harmless Fingent and its affiliates, subsidiaries, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, brought by a third party arising out of or related in any way to your use of the Services, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.[/vc_column_text][vc_custom_heading text=”Governing Law” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577092881897{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577092909479{margin-bottom: 25px !important;}”]The Terms of Use and the relationship between you and Fingent will be governed by the laws of the Commonwealth of Massachusetts without regard to any conflict of law principles.[/vc_column_text][vc_custom_heading text=”Grievances” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577092924091{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577092945850{margin-bottom: 25px !important;}”]Any grievance or complaint, in relation to processing of information, should be sent to support@infince.com. Grievance shall be redressed as expeditiously as possible.[/vc_column_text][vc_custom_heading text=”Entire Agreement” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577093149851{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577093171151{margin-bottom: 25px !important;}”]These Terms of Use are effective from 1st December 2019 and supersede all existing policies or agreements, if any, governing the use of Infince. [/vc_column_text][vc_custom_heading text=”Modification” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577093201156{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577093216846{margin-bottom: 25px !important;}”]Fingent reserves the right to change these Terms of Use at any time without notice. All changes will be effective immediately when posted on the Website. Your continued use of the Services following any changes to the Terms of Use posted on the Website shall constitute your agreement to be bound by such changes.[/vc_column_text][vc_custom_heading text=”Severability” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577093277517{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577093308061{margin-bottom: 25px !important;}”]If any of the provisions of this Terms of Use are held invalid, such provision shall be deemed severed and the remaining provisions shall remain in full force and effect.[/vc_column_text][vc_custom_heading text=”Waiver” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577093330945{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577093350559{margin-bottom: 25px !important;}”]A waiver of any default is not a waiver of any subsequent default. [/vc_column_text][vc_custom_heading text=”Assignment” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577093456975{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577093482262{margin-bottom: 25px !important;}”]You shall not assign or delegate any of your rights or obligations under these Terms of Use without Fingent’s prior written consent. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. Fingent may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, these Terms of Use will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
[/vc_column_text][vc_custom_heading text=”No Agency” font_container=”tag:h3|font_size:20|text_align:left” el_class=”heading1″ css=”.vc_custom_1577093961408{margin-bottom: 10px !important;}”][vc_column_text el_class=”normalTxt” css=”.vc_custom_1577093982506{margin-bottom: 25px !important;}”]Your use of the Service in no way implies a legal partnership or agency relationship. We are solely independent contractors.
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