Last updated: September 14, 2021
PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP OR THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP OR THE SERVICE.
You acknowledge and agree that, as provided in greater detail in the Terms:
- You are at least eighteen (18) years old and have the legal authority to accept the Terms;
- the App is licensed, not sold to you;
- You may use the Service only as set forth in these Terms and you may not use the App or the Service if you are prohibited under applicable law from doing so;
- your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;
- you consent to the collection and use of your personally identifiable information and information about your location in accordance with the Policies, including without limitation the collection of location information;
- At least between you and Penta, the Service is provided “as is” without warranties of any kind and Penta Technologies’ liability to you is limited;
- access to certain features of the service may require access to information about the location of your device, such as GPS coordinates.
1. Service Overview. The App is designed for construction and other workers to better send and receive information from the field. The App includes any updates or modifications to the App made available to you by us.
2. Eligibility. By agreeing to these Terms, you represent and warrant to us: (i) that you have not previously been suspended or removed from the Service; and (ii) that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. For clarity, your organization may have a separate agreement with Penta Technologies and any conflict between that agreement and these Terms will be resolved in the separate agreement’s favor, but solely to the extent of the conflict and solely to the extent your organization is implicated.
3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with information about yourself (such as your name, e-mail address or other contact information, and information regarding your employment). You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of your account, username and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, immediately notify us.
4. Payment. Currently Penta Technologies does not charge fees to individual users for use of the App or the Service.
5. Location-Based Services. As noted, certain features of the Service require access to and use your location (“Location-based Services”). Our Policies describe how we use the information we collect through the Location-based Services. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE, AND PENTA TECHNOLOGIES DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE ACCURACY OF SUCH DATA.
6. Data Rights. You hereby grant to Penta Technologies a worldwide, nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the non-personally identifiable data generated through your use of the App or provided by you through the Service for any lawful purposes including without limitation using such data to train artificial intelligence and creating derivative data.
RIGHTS AND RESTRICTIONS
7. Third Party Accounts. To download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. (each, a “Distributor”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Penta Technologies is not responsible for any act or omission of any Distributor.
8. License to the App. Subject to your complete and ongoing compliance with these Terms (including without limitation compliance with all license restrictions), Penta Technologies grants you (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the App downloaded directly from Penta Technologies or from a legitimate Distributor, solely in object code format and solely for your personal use for lawful purposes, on a single compatible device (for example, a laptop computer, a tablet computer, or smartphone) that you own or control; and (2) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the App. You may not reproduce, distribute, publicly display, or publicly perform the App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (b) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed.
9. Equipment and Service Need to Use the App. Penta Technologies does not provide you with the equipment to use the App and has no responsibility to do so. You are responsible for all fees charged by third parties to access and use the App (e.g., charges by mobile carriers). Without limiting the foregoing and as noted above, you are solely responsible for the payment of all applicable fees associated with any carrier service plan you use in connection with your use of the Service (such as applicable fees charged by the carrier). Where your employer provides the equipment and/or third-party services necessary to use this Service, you are responsible for coordinating with your employer to ensure such access to equipment and services as may be necessary to use the App. If your device is lost or stolen, you must notify Penta Technologies immediately to suspend services.
10. Special Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
11. User Content. Certain features of the Service may permit users to post content, including but not limited to messages, photos, images, folders, data, text, and other types of works (collectively, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
12. Limited License Grant to Penta Technologies. By posting or publishing User Content, you grant Penta Technologies a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Penta Technologies may be without any compensation paid to you.
13. Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
14. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Penta Technologies and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 8 and in the manner contemplated by Penta Technologies and these Terms; and
- Your User Content, and use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
15. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Penta Technologies may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Penta Technologies with respect to User Content. We expressly disclaim all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Penta Technologies does not permit copyright-infringing activities on the Service.
16. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:
Penta Technologies, Inc.
PO Box 210
Brookfield, WI 53008
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Service;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- use the Service, or any information obtained therefrom, for any illegal purpose, or in violation of any local, state, national, or international law, including any laws or regulations related to labor, employment, or health information related to an individual;
- post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights.
- interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that such activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to access, collect, or use personal information about other users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
- perform any fraudulent activity, including falsifying or attempting to falsify location or activity information, impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth; or
- sell or otherwise transfer the access granted by these Terms or any Materials (as defined in Section 22) or any right or ability to view, access, or use any Materials.
18. Third-Party Services and Linked Websites. Penta Technologies may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Penta Technologies with an account on the third party service. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
19. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, we may terminate your access and permission to use the Service without notice. Additionally, Penta Technologies, in its sole discretion may terminate your user account on the Service or suspend or terminate your access to the Service at any time, with or without notice. We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate your account at any time by contacting customer service. If you or we terminate your account, you must immediately destroy all copies of the App and all of its component parts.
20. Feedback. If you provide feedback to Penta Technologies regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential, and you authorize Penta Technologies to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Penta Technologies a nonexclusive, royalty-free, fully paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
21. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such the modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect that the time the dispute arose.
22. Ownership; Proprietary Rights. The Service is owned and operated by Penta Technologies. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by Penta Technologies are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Penta Technologies or our third-party licensors. Except as expressly authorized by Penta Technologies, you may not make use of the Materials. Penta Technologies reserves all rights to the Materials not granted expressly in these Terms.
You agree to defend, indemnify, and hold harmless Penta Technologies and its officers, directors, employees, consultants, affiliates, subsidiaries, agents, and Distributors (collectively, the “Penta Technologies Entities“) from and against any and all third-party claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party, including your employer. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.23. Disclaimers; No Warranties
PENTA TECHNOLOGIES IS NOT A PAYROLL SERVICE, AND PENTA TECHNOLOGIES HAS NO OBLIGATIONS TO RETAIN USER CONTENT OR DATA. WHERE YOU PROVIDE INFORMATION TO PENTA TECHNOLOGIES, INCLUDING MEDICAL INFORMATION, PENTA TECHNOLOGIES DISCLAIMS ALL RESPONSIBILITY FOR THE AVAILABILITY OR USE OF SUCH DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, PENTA TECHNOLOGIES DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION-BASED SERVICES OR ANY LOCATION DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PENTA TECHNOLOGIES ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE FULLEST EXTENT PERMITTED BY LAW, PENTA TECHNOLOGIES DOES NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY BY PENTA TECHNOLOGIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND PENTA TECHNOLOGIES AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.24. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PENTA TECHNOLOGIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PENTA TECHNOLOGIES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THE AGGREGATE LIABILITY OF PENTA TECHNOLOGIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICE (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO PENTA TECHNOLOGIES FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $1000.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.25. Governing Law
These Terms are governed by the laws of the State of Wisconsin without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Penta Technologies agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Milwaukee or Waukesha County, Wisconsin for the purpose of litigating all such disputes. We operate the Service from our offices in Wisconsin, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
These Terms, together with the Policies and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Penta Technologies regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.26. Consent to Electronic Communications
By using the Service, you consent to receiving certain electronic communications from us as further described in our Policies. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.27. Contact Information
The services hereunder are offered Penta Technologies, Inc., located at 250 S. Executive Drive in Brookfield, WI 53005. You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
28. Open Source Software
The App may include open source software or third-party software. Any such software is made available to you under the terms of the applicable licenses.