Innate Technologies – Terms of Service

Last Updated: July 1, 2024

  1. Acceptance of Terms

Innate Technologies, Inc. d/b/a InnateIQ, Inc. and its affiliates (“Innate“) offers a suite of intelligent software and services in the manufacturing industry focused on unifying sales and production, including InnateSales, Innate3D, and InnateInsight. By accessing or using such software or services, the InnateSales mobile application (“the App“), this website and other sites owned or operated by Innate (collectively, the “Services“), you agree to be bound by these Terms of Service (the “Terms“). If you do not agree to these Terms, you may not access or use any of the Services. By accessing or using the Services, you hereby represent and warrant that you are an individual of legal age who is eligible to enter into a contract in the state in which you reside, and where you are accessing or using the Services on behalf of an entity, that you are an authorized representative of such entity to agree and bind such entity to these Terms.

  1. User Accounts

2.1. You may be required to create an account to access certain features of the Services, including the App. If you designate other individuals to access and use your account (your “Authorized Users“), you shall remain liable for your Authorized User’s use of the Services and ensure they comply with these Terms.

2.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3. Innate reserves the right to suspend or terminate your account if we believe that you have violated these Terms or engaged in any unauthorized use of the Services.

  1. Use of the Services

3.1. You may use the Services solely for lawful purposes and in accordance with these Terms and any user manual, guidelines, or other policies or procedures applicable to the Services provided (“Documentation“).

3.2. Subject to your complete and ongoing compliance with these Terms, Innate grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable: (a) license to install and use one object code copy of the App or other mobile application associated with the Services obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) right to access and use the Services and related Documentation.

3.3. You agree not to and not allow any third-party to:

  • Use the Services or Documentation in any way that violates any applicable laws or regulations.
  • Use the Services to transmit any unlawful, defamatory, or obscene material.
  • Attempt to gain unauthorized access to any portion of the Services.
  • Attempt to modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of any software that is a part the Services.
  1. Intellectual Property

4.1. You acknowledge, understand, and agree that all content and materials available on the Services and Documentation, including but not limited to text, graphics, logos, and images, are the property of Innate or its licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2. You may not modify, reproduce, or distribute any content from the Services or Documentation without the prior written consent of Innate.

4.3. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services or Documentation (“Feedback”), then you hereby grant Innate an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Services or Documentation and create other products and services.

  1. Payments and Billing

5.1. Certain features of the Services may require payment of fees. By using these features, you agree to pay all applicable fees.

5.2. All fees are non-refundable unless otherwise stated in writing by Innate.

  1. Disclaimer and Beta Versions

6.1. THE SERVICES, DOCUMENTATION, AND CONTENT AVAILABLE THROUGH THE SERVICES OR DOCUMENTATION ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. INNATE MAKES NO WARRANTY THAT THE SERVICES, DOCUMENTATION, OR ANY CONTENT THEREIN WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FURTHERMORE, INNATE MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE SERVICES, DOCUMENTATION, OR ANY CONTENT THEREIN. WITHOUT LIMITING THE FOREGOING, INNATE EXPLICITLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

6.2. INNATE MAY FROM TIME-TO-TIME PERMIT YOU TO ACCESS AND USE A BETA VERSION OF THE SERVICES FOR EVALUATION PURPOSES, SUCH AS FOR TESTING, CONFIRMING, OR TRAINING. YOU UNDERSTAND AND AGREE THAT BETA VERSIONS ARE STILL IN ITS TESTING PHASE AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF BETA VERSIONS IS TO OBTAIN FEEDBACK ON PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE NOT TO USE SENSITIVE DATA WITH BETA VERSIONS. FURTHERMORE, YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA VERSIONS OR ACCOMPANYING MATERIALS OR DOCUMENTATION.

  1. Limitation of Liability

7.1. To the fullest extent permitted by law, Innate shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with your use of the Services or these Terms (including the Privacy Policy).

7.2. In no event shall Innate’s total liability to you in relation to the Services or these Terms (including the Privacy Policy) exceed the amount paid by you, if any, for accessing or using the Services

  1. Indemnification

You agree to indemnify and hold harmless Innate and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including attorneys’ fees) arising out of or related to: (a) your violation of these Terms; or (b) your use of the Services except to the extent caused by Innate’s gross negligence, willful misconduct, or material breach of these Terms.

  1. Termination

9.1. Innate may terminate or suspend your access to the Services at any time, with or without cause, without prior notice or liability.

9.2. You may request to terminate your account and these Terms by deleting the App and any mobile application your downloaded, deleting or disabling your account (or request to delete or disable your account where you are able to on your own), discontinue all use of the Services and Documentation, and contacting us at legal@innateiq.co.

9.3. Any provision that, in order to give proper effect to its intent, should survive the termination of your use of the Services, will survive.

  1. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New York. Any disputes arising out of or relating to these Terms (including the Privacy Policy), the Services, or the associated usage of data shall be resolved through mutual consultation between the parties. If a resolution cannot be reached, the dispute shall be resolved exclusively by mediation or arbitration as agreed upon by both parties. Any arbitrations shall be administered by the American Arbitration Association under its Consumer Arbitration Rules as modified by these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND INNATE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

  1. Data Ownership and Usage

11.1. Co-Ownership: To the extent legally permissible, both Innate and the users of the Services shall mutually co-own all data entered into the Services, including user data, customer data, lead generation activity, and contact information.

11.2. Data Access and Extraction: Upon termination of a beta testing period, your account, or any subscription to the Services, you have the right to download and access a copy of your data via a requested extract. This extraction right shall be available for 30 days post-termination.

11.3. Data Usage Rights: Subject to the terms of the Privacy Policy, Innate shall have the right to use your data entered into the Services, including the co-owned data, to provide the Services as well as for product and service development, enhancement, and market research purposes.

11.4. Data Privacy:  To understand how we collect, use, and disclose your information, please review our privacy policy at www.innateiq.co/privacy-policy (the “Privacy Policy“), which is hereby incorporated into and made part of these Terms.

11.5. Third-Party Data Sharing: Innate abides by all standard market third-party data sharing provisions, ensuring that any data shared with third parties complies with relevant privacy laws and regulations.

11.6. Data Security: Innate implements and maintains commercially reasonable security measures to protect the data that you enter into the Services from unauthorized access, use, or disclosure.

  1. Modifications

Innate reserves the right to modify or update these Terms at any time. If we make changes to these Terms, we will provide notice of such changes by revising the date at the top of these Terms (as indicated by a revised “Last Updated” date at the top of this page). Your continued use of the Services after any such changes constitutes your acceptance of the revised Terms. Innate reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, with or without notice to you or liability for such modification or discontinuance.

  1. Contact Us

If you have any questions about these Terms, please contact us at legal@innateiq.co.