Terms of Service
In order to use the time tracking, workforce desktop monitoring is provided by Pinya software LLC. through the website located at www.pinyasoftware.com and/or a client access application, if any, licensed to you by Pinya, you must read and accept all of the terms and conditions in these Terms of Service.
Using our Services
BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including, without limitation, employment and privacy related laws. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. All right, title and interest in and to the Services are owned and retained exclusively by Pinya. Except for the rights and licenses expressly provided herein, all rights, title and interest in the Services, including all corrections, enhancements and modifications thereof, are reserved by Pinya. You are responsible for your employees, contractors and agents compliance with the terms and conditions of this Agreement.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You are responsible for controlling access to your account, including creating a strong password, protecting that password, and preventing unauthorized account usage or users.
Your Use of Agent Software
As part of the Services, Pinya will make available to you for download from the Website a software agent to be installed on the computer of each of your employees or contractors whom you will monitor using Services. Subject to the terms and conditions of this Agreement, Pinya grants you a nonexclusive, non-transferable license to use the Software as described herein. The Product shall be used solely by you in connection with your use of the Services as is permitted herein. All rights not expressly granted herein are retained by Pinya. Except as allowed under this Agreement, you shall use the Software strictly in accordance with the terms of the Related Agreemtents and shall not sublicense, rent or lease the Software or use it as a service provider or as part of a service; decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Software; copy any features, functions or graphics of the Software to develop a competitive product; utilize the software for the purposes of competitive analysis or for any other purpose outside of customers normal business operations; make any modification, adaption, improvement, enhancement, translation or derivate work from the Software; violate any applicable laws, rules or regulations in connection with Customer´s access or use of the Software.
Term and Termination
This Agreement allows you to access and use the Services for the term you selected by you when you purchased access to the Services, or during the free evaluation period granted to You by Pinya to evaluate the Services, unless earlier terminates as provided in this Agreement. This Agreement begins upon your registration. This Agreement will automatically terminate if you fail to comply with its term. The definitions and rights, duties and obligations of the parties that by their nature continue and survive shall survive any termination or expiration of this Agreement.
Your Data
You represent that the information provided by you in the online registration form is accurate, complete and current, and you agree to update that information promptly if there is any change.
Your Password
Pinya may reject or require that you change your password under your account. Passwords are for internal business use only and may not be shared with any third party, including any competitor of Pinya. You, and not Pinya, are responsible for any use or misuse of passwords associated with your account and changing any of your passwords that have been stolen or otherwise compromised, or are being misused.
Fee
Prices for the Services are as set forth when you purchased access to the Services and shall be payable in accordance with Pinya’s then-current terms of payment.
We reserve the right to change service fees upon thirty (30) days notice. Your continued use of the Services after such modifications will be deemed to be your conclusive acceptance of such changes. If you are dissatisfied as a result of such changes, your only recourse is to terminate your access to the Services.
All fees paid to Pinya are nonrefundable. You are responsible for paying all sales, use, excise, ad valorem and other taxes arising out of your use of or access to the Services. If you fail to pay, Pinya shall be entitled, at its sole discretion, to: (a) suspend provision of the Services until you fulfill your pending obligations; (b) charge you an interest rate designated by Pinya at the time of invoice; (c) terminate this Agreement.
Content
You acknowledge and agree that all right, title and interest in and to the information, data, software, photographs, graphics, videos and other material (collectively the “Content”) provided by Pinya in connection with the Services, including, without limitation, any copyrights in or to the Content, belong to Pinya and its content providers, and you will not assert any claims to the contrary. You own content you create, but you allow us certain rights to it, so that we can display and share the content you post. You still have control over your content, and responsibility for it, and the rights you grant us are limited to those we need to provide the service. We have the right to remove content or close accounts if we need to. You may not: (a) copy, edit, alter, modify or prepare any derivative works of the Content or any portion thereof; (b) remove or alter any credits, notices (including, without limitation, copyright, trademark and service mark notices), or logos which are included as a part of the Services; or (c) resell, sublicense or otherwise transfer, distribute or make available to others all or any portion of the Content in any form.
User Materials
As part of the Services, You may create or provide, or the Services may collect information, data and other materials in electronic format which will be utilized through the Services (collectively “User Materials”).
Pinya will have the right, in its discretion, to store User Materials or delete User Materials following the expiration or termination of the Services. Pinya will use reasonable efforts to notify you before it deletes any User Materials, but Pinya shall not be responsible if it fails to do so or if you do not receive Pinya’s notification. While Pinya will implement commercially reasonably security measures to maintain the security of User Materials, Pinya will not be liable to you for any disclosures of Users Materials to third parties or any other breaches of security affecting you or User Materials.
Disclaimer of warranties
Pinya hereby warrants that during the term of this Agreement, the Services will perform, in all material respects, in accordance with its then-current published functional specifications. In the event of any failure of the Services to perform in a material respect to such specifications Pinya will, as your sole and exclusive remedy for such failure, repair the Services.
The services are provided to Subscriber on an "AS IS" and "AS IS AVAILIBALE" basis. To the maximum extent permitted by applicable law, this warranty and the remedies herein are exclusive and in lieu of all other warranties and remedies, whether oral, express, implied or statutory including without limitation, warranties of fitness for a particular purpose, merchantability, warranties for latent or hidden defects. Pinya does not warrant that the specifications or functions contained in the services will meet your requirements, or that the operation of the services will be uninterrupted or error-free, or that defects in the services will be corrected. Furthermore, Pinya does not warrant or make any representations regarding the use or the results of the use of the services provided in respect of its correctness, accuracy, reliability, or otherwise. If this exclusion is not permitted by law, Pinya limits any express, statutory or implied warranties as to duration to the extent of this limited warranty and the repair or replacement remedy as determined by Pinya in its sole discretion. Any use of the services is at your own risk.
Limitation of Liability
PINYA WILL NOT BE LIABLE FOR ANY, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR SOFTWARE (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS OR BUSINESS INTERRUPTION), WHETHER ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, EVEN IF PINYA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY YOU TO COMPANY UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification
You shall indemnify and hold harmless Pinya and its officers, directors, employees and agents from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys' fees and costs of experts and costs of appeals) arising out of or in connection with any and all of the following: (a) any allegation that any of the Applications, Brand Features and Marks or Content infringe, misappropriate or violate any intellectual property right, (b) any violation of this Agreement, including, without limitation, any breach of any representations or warranties contained herein, (c) your provision or distribution of the Application or any Content, (d) your use of any of the Company Software or receipt of the Services, (e) any activity relating to your account, (f) any failure of you to have all necessary rights and licenses.
Amendment
Pinya will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon Pinya sending you notice of the modification. Your continued use of the Services after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to terminate your access to the Services.
Choice of Law
This Agreement shall be governed by the laws of the State of Florida and of the United States, without regard to any conflict of laws provisions. You hereby consent to jurisdiction of the state and federal courts of Florida.
Miscellaneous
The delay or failure of either party to exercise any right provided in these Terms of Service shall not be deemed a waiver. These Terms of Service: (a) may not be amended by you, but Pinya may amend these Terms of Service from time to time, (b) constitutes the entire understanding between the parties with respect to the subject matter of these Terms of Service and supersedes all written and oral prior agreements, negotiations and discussions between the parties relating to it, and (c) is for the sole benefit of Pinya and you and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms of Service. This Agreement represents the entire understanding and agreement between you and Pinya concerning your Use of the Services and Product, and supersedes any prior representations, understandings or agreements.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
