Terms of Service

Welcome to 4Protech. We’re glad you’re here, and we hope you enjoy everything we have to offer.

Please read these Terms carefully because they are a binding agreement between You and 4Protech.com, JM Limited Co., (“4Protech” or “We”).

These Terms govern your use of the websites that link to these Terms. In these Terms, the word “Sites” refers to each of these websites and the services offered on those Sites. You automatically agree to these Terms and to our Privacy Statement simply by using or logging into the Sites.

Please note that we offer many services. Your use of 4Protech products or services are provided by 4Protech pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Sites.

By registering to use the Service You acknowledge that You have read, understood and agreed to these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

Agreement means these Terms of Service.
Account the primary means for accessing and using the 4Protech Services, subject to payment of a Fee designated in the selected Plan;
Add-on means an additional, activated service that enhances the 4Protech platform.
Confidential Information includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
Client means the Subscriber, a natural or legal person who has accepted these Terms with the Supplier;
Fee means a monetary fee for Your use of and access to the Service, based on your level of usage or pricing plan, plus any additional costs associated with overages or add-ons activated within the 4Protech service, payable by You, in accordance with the fee schedule set out on the Website or within Your 4Protech service.
Free Trial temporary access for the purposes of trying out the Web Site and 4Protech services in accordance with any selected Plan without paying a Fee
Intellectual Property Right means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered
Insurance and Bonding Pros may post information and documents concerning insurance policies and/or bonds covering their operations. While we do not verify this information, Pros are required to warrant that the information they submit is complete, accurate and current.
Invited User means any person or entity, other than You, that uses the Service with Your authorization from time to time.
Licenses Pros are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Pros are required to warrant that the information they submit is complete, accurate and current.
Service means the online job management and ancillary services made available (as may be changed or updated from time to time by 4Protech) via 4Protech.
Subscriber means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
Website means the Internet site at the domain www.4Protech.com or any other site operated by 4Protech.
USE OF THE SITE

4Protech grants You the right to access and use the Service via the Website. These Terms are applicable during Your free trial and during Your subscription to the Service(s) through a Service Plan of Your choice.

  • Using Our Service(s) Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, and revocable right to access and use the Service(s) for Your internal business purposes. You shall be responsible for use of the Service(s) through Your Account by any third parties. You may subscribe to one or more of the Service(s). They may be subject to separate and distinct Service Plans.
  • Using our Mobile Applications Your compliance with the Terms and solely during the Subscription Term, You have the limited, non-exclusive, non-transferrable, and revocable right to download, install and use the Mobile Applications to access and use the Service(s).
  • RESPONSIBILITIES

    Your Account Subject to any limitation on the number of individual Users available under the Service Plan to which You subscribed, access and use of the Service(s) is restricted to the specified number of individual Users permitted under Your subscription to the Service(s). Each User shall be identified using unique login information such as usernames and passwords (“User Login”) and such User Login shall be used only by one individual. If You are a managed service provider and You wish to use the same User Login across Accounts that You manage for Your clients, You acknowledge that it is Your sole responsibility to obtain necessary consents from such clients. Without prejudice to Our obligations of these Terms, You are solely responsible for the confidentiality of Service Data and User Login at Your end. You should, therefore, not share Your User Login with any third parties. In any event, unless You notify Us of any unauthorized use or suspicious activity in Your Account, You are responsible for all activities that occur under Your Account. Group Companies will not be liable for any damage or loss that may result from Your failure to protect Your login information, including Your password. Without limiting the foregoing, You are solely responsible for ensuring that Your use of the Service(s) to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service(s) or the information generated thereby is accurate or sufficient for Your purposes.

    BILLING & PAYMENTS

    4Protech will continue invoicing You in accordance with your pricing plan and service usage until this Agreement is terminated.

  • Subscription Charges: Unless otherwise specified in the Supplementary terms, except during Your free trial, all charges associated with Your Account (“Subscription Charges”) are due in full and payable in advance, in accordance with payment methods, when You subscribe to the Service(s). Unless specified otherwise in a Form, the Subscription Charges are based on the Service Plans You choose and are payable in full until You terminate Your Account in accordance with Section 8. You will receive a receipt upon each receipt of payment by Us. You may also obtain a payment receipt from within the Service(s).
  • Payment methods: You may pay the Subscription Charges through Your credit card, or other accepted payment method as specified in a Form. For credit card payments, Your payment is due immediately upon Your receipt of Our invoice. You hereby authorize Us or Our authorized agents, as applicable, to bill Your credit card upon Your subscription to the Service(s) (and any renewal thereof). For payments through other accepted methods, Your payment is due within thirty (30) days of Our invoice date unless otherwise stated in a Form.
  • Renewal: Your subscription to the Service(s) will renew automatically for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service(s) for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. You acknowledge and agree that, unless You terminate Your Account in accordance suspension or termination of Your Account, Your credit card will be charged automatically for the applicable Subscription Charges.
  • We may use a third-party service provider to manage credit card and other payment processing; provided, that such service provider is not permitted to store, retain or use Your payment account information except to process Your credit card and other payment information for Us. You must notify Us of any change in Your credit card or other payment account information, either by updating Your Account or by e-mailing Us at support@support.com
  • Refunds: Unless otherwise specified in these Terms or a Form or a Service Plan, all Subscription Charges are nonrefundable. No refunds shall be issued for partial use or non-use of the Service(s) by You provided however You shall be eligible for a pro-rated refund of the Subscription Charges for the remainder of the Subscription Term if You terminate Your Account as a result of a material breach of these Terms by Us.
  • Late Payments/Non-payment of Subscription Charges: We will notify You if We do not receive payment towards the Subscription Charges within the due date for Your Account. For payments made through credit cards, We must receive payments due within a maximum of five (5) days from the date of Our notice and for payments through other accepted methods, We must receive payments within a maximum of fifteen (15) days from the date of Our notice. If We do not receive payment within the foregoing time period, in addition to Our right to other remedies available under law, We may (i) charge an interest for late payment @ 1.5% per month and/or; (ii) suspend Your access to and use of the Service(s) until We receive Your payment towards the Subscription Charges as specified herein and/or; (iii) terminate Your Account in accordance with Section 8.2.
  • Upgrades and Downgrades: You may upgrade or downgrade within a Service Plan or between two Service Plans. You understand that downgrading may cause loss of content, features, or capacity of the Service(s) as available to You before downgrading Your Account. We will not be liable for such loss. When You upgrade or downgrade, the new Subscription Charges become immediately applicable. Upon upgrade, the new Subscription Charges for the subsisting month would be charged on pro-rated basis and Your credit card will be charged automatically. Subsequent months will be charged in full according to the new Subscription Charges. Upon downgrade, You will be offered a refund for the payment made for the subsisting month in the form of credits credited to Your Account. These credits will be offset against the new Subscription Charges payable in the subsequent months.
  • Applicable Taxes: Unless otherwise stated, the Subscription Charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying the Taxes that would be levied against You by government authorities. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
  • User Benefits: Apart from the credits provided to You when You downgrade, We may, at Our sole discretion, offer You certain benefits such as discounts on Subscription Charges, extension in Subscription Term for no extra payments from You, with regard to the Service(s). These benefits are specific to Your Account and the Service(s) identified while offering these benefits. They are not transferrable. The benefits may have an expiry date. If they do not have an expiry date, they will expire upon completion of twelve (12) months from their date of offer.
  • MONEY-BACK GUARANTEE

    In select agreements, we offer a money-back guarantee for the first 30 days. We will refund you all of the subscription charges if you cancel within this time period. You will not receive a refund for items not included in the baseline monthly subscription fee (including activation fees, postcards, chargebacks, etc.). This money-back guarantee does not apply to re-enrollments after your first subscription. To cancel your service and request a refund, please email us at cancel@4protech.com

    FREE TRIAL

    A new Client may be entitled to a Free Trial, unless the Client has applied for the Account as a result of an ongoing marketing campaign organized by 4Protech, in co-operation with its partners. The Client is not required to provide any credit card information during the period of Free Trial. If the period of Free Trial has expired, the Account will be automatically deactivated. In order to prevent deactivation or to reactivate the Account, the Client is required to select a suitable Plan and pay the first Fee. If the Client does not pay the first Fee within 2 weeks as of the expiry of the Free Trial, 4Protech has the right to permanently delete the Account, including all Client Data therein.

    USING SERVICES

    You must only use the Service for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by 4Protech or condition posted on the Website. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service(s) available to any third party, other than Users and End-Users in furtherance of Your internal business purposes as expressly permitted by these Terms

    1. use the Service(s) to Process data on behalf of any third party other than Your Users and End-Users;
    2. modify, adapt, or hack the Service(s) or otherwise attempt to gain or gain unauthorized access to the Service(s) or related systems or networks;
    3. falsely imply any sponsorship or association with Us;
    4. use the Service(s) in any unlawful manner, including but not limited to violation of any person’s privacy rights;
    5. use the Service(s) to send unsolicited communications junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages;
    6. use the Service(s) to store or transmit any content that infringes upon any person’s intellectual property rights;
    7. use the Service(s) in any manner that interferes with or disrupts the integrity or performance of the Service(s) and its components;
    8. attempt to decipher, decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any Software making up the Service(s);
    9. use the Service(s) to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory;
    10. use the Service(s) to store or transmit any “protected health information” as that term is defined in 45 C.F.R. 160.103 unless expressly agreed to otherwise in writing by Us;
    11. use the Service(s) to knowingly post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software (“Malicious Software”);
    12. establish a link to Our Websites in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
    13. use the Service(s) for the purposes of cookie tracking, ad exchanges, ad networks, data brokerages, or sending electronic communications (including e-mail) in violation of applicable law;
    14. use of the Service(s) for any purpose prohibited by applicable export laws and regulations, including without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology;
    15. try to use, or use the Service(s) in violation of these Terms.
  • You shall be responsible for any loss of data or attempted or actual access or use of the Service(s) through Your Account in violation of these Terms.
  • If We inform You that a specified activity or purpose is prohibited with respect to the Service(s), You will ensure that You immediately cease use of the Service(s) for such prohibited activity or purpose.
  • USAGE LIMITATIONS

    Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against 4Protech’s application programming interface. Any such limitations will be advised.

    COMMUNICATION CONDITIONS

    As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room or message center), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person's computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).

    When You make any communication on the Website, You represent that You are permitted to make such communication. 4Protech is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, 4Protech does reserve the right to remove any communication at any time in its sole discretion.

    FOR USE OF PHONE SERVICE/SUPPORT IN 4Protech

    If You use the phone service as part of 4Protech or Phone.com, You understand and agree that (a) unless You choose to turn off the recording feature, all calls made using the phone service are recorded; (b) the phone service is not intended to support or carry emergency calls to any emergency services such as public safety answering points, (c) We will not be held liable for any claim, damages or loss (and You hereby waive any and all such claims or causes of action), arising from or relating to Your (or Users or End-Users) inability to use the phone service to make such emergency calls, (d) You are solely responsible for Your operation of the phone service in compliance with all applicable laws in all jurisdictions governing use of the Service(s) by You, Your Affiliates, Users and End-Users, including but not limited to telephone recording and wiretapping laws, and (e) You will defend, hold harmless and indemnify Us from and against any third party claim arising from any of the foregoing. We may disable the phone numbers provided to You if (i) Your subscription to the Service(s), Account or rights to access and/or use the Service(s) are otherwise suspended, or terminated; and/or (ii) You violate these Terms. In the event that You wish to port-out Your phone number upon termination of Your subscription to the Service(s) or for any other reason, You agree to notify support@4protech.com. Upon receipt of such request, We shall use reasonable efforts to assist You in the port-out to the third-party service provider of Your choice. Use of this phone service is subject to the payment of additional fees and charges, including, without limitation, the phone call rates as detailed on the Websites. When enabling the phone service, You are consenting, on behalf of You and Your Users and End-Users to the Processing of Service Data (as generated by or necessary for the provision or operation of the phone service) by the third-party service provider We utilize to provide the phone service.

    If You use 4Procaller, please note that upon a request for deletion of a contact, information such as name of the contact, call recordings of that contact and any notes pertaining to such call recordings shall be deleted. However, information such as logs containing actual numbers making and receiving the calls may be retained for audit, fraud and reporting purposes in accordance with applicable law.

    SOCIAL NETWORKS

    The Service may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Instagram, YouTube, Vimeo, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through the Services is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

    INDEMNIFICATION

    You indemnify 4Protech and hold harmless against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to 4Protech, including (but not limited to) any costs relating to the recovery of any Usage Fees that are due but have not been paid by You.

    SPAM ACT

    4Protech has a strict anti-spam policy. Our SMS messaging services and email services must only be used in accordance with the Spam Act of 2003. We do not allow sending unsolicited SMS or email messages. You must have consent to send SMS messages to each recipient before sending an SMS message to them, in accordance with the Spam Act. Any marketing messages must give the recipient the option to opt-out of further marketing messages.

    CONFIDENTIALITY AND PRIVACY

    All information disclosed by You to Us or by Us to You which is in tangible form and labeled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. For purposes of these Terms, Service Data shall be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include any information which

  • was publicly known and made generally available in the public domain prior to the time of disclosure by the disclosing party;
  • becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party;
  • is already in the possession of the receiving party at the time of disclosure by the disclosing party as shown by the receiving party’s files and records prior to the time of disclosure;
  • is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality;
  • is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession;
  • if required by law to be disclosed by the receiving party, provided that the receiving party shall, to the extent legally permitted, give the disclosing party written notice of such requirement prior to disclosing so that the disclosing party may seek a protective order or other appropriate relief.
  • PRIVACY

    4Protech maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You should read that policy at www.4Protech.com/privacy/ and You will be taken to have accepted that policy when You accept these Terms.

    INTELLECTUAL PROPERTY
    General

    Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of 4Protech (or its licensors).

  • Ownership of Data Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the 4Protech Usage Fee when due. You grant 4Protech a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
  • Backup of Data4Protech adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. 4Protech expressly excludes liability for any loss of Data no matter how caused.
  • Third-party applications and your Data If You enable third-party applications for use in conjunction with the Services, You acknowledge that 4Protech may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. 4Protech shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
  • WARRANTIES AND DISCLAIMERS

    We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don’t promise about our Services. You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

    YOU ACKNOWLEDGE THAT:
  • You are authorized to use the Services and to access the information and Data that You input into the Services, including any information or Data input into the Services by any person you have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Services (whether that information and Data is Your own or that of anyone else).
  • 4Protech has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You.
  • If You use the Services or access the Services on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
  • You are responsible for ensuring that You have the right to do so;
  • You are responsible for authorizing any person who is given access to information or Data, and you agree that 4Protech has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
  • You will indemnify 4Protech against any claims or loss relating to 4Protech's refusal to provide any person access to Your information or Data in accordance with these Terms, or 4Protech making available information or Data to any person with Your authorization.
  • The provision of, access to, and use of, the Services is on an "as is " basis and at Your own risk.
  • 4Protech does not warrant that the use of the Service will be uninterrupted or error free.
  • Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. 4Protech is not in any way responsible for any such interference or prevention of Your access or use of the Services.
  • It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
  • You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any of Our employees or agents in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Us at support@4protect.com.
  • NO WARRANTIES

    4Protech gives no warranty about the Services. Without limiting the foregoing, 4Protech does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.

    WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS”.

    CONSUMER GUARANTEES

    You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

    LIMITATION OF LIABILITY

    THE SERVICES ENTITIES SHALL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOSS OF USE OR LOST CONTENT, LOST DATA, COMPUTER FAILURE, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY,NEGLIGENCE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICE(S), WILL BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (A) TWELVE MONTHS OF THE SUBSCRIPTION CHARGES FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES; OR (B) THE SUBSCRIPTION CHARGES PAID BY YOU, FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT TO PROVIDE YOU WITH THE RIGHTS TO ACCESS AND USE THE SERVICE(S) IN ACCORDANCE WITH SECTION 1, WE HAVE LIMITED OUR POTENTIAL LIABILITY AND ALLOCATED RISKS BASED ON THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.

    IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

    We may modify these Terms at any time so be sure to check back regularly. By continuing to use or log in to a Site after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.

    The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third-parties. We do not control or endorse any products being advertised.

    If you do not comply with these Terms, and we don’t take-action right away, this doesn’t mean we’re OK with what you did, or we are giving up any rights that we may have (such as taking action in the future). If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with the Termination clause.

    TERMINATION

    We reserve the right to modify our Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time. If you don’t like any changes, you can stop using our Sites at any time.

    TRIAL POLICY

    You can evaluate the Services under a Free Trial, in accordance with this Agreement and the limitations of the trial, with no obligation to continue to use the Services.

    NO-FAULT TERMINATION

    These Terms will continue while You continue to use the Service, provided You continue to pay the prescribed Usage Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Usage Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.

    GOVERNING LAW AND DISPUTE RESOLUTION

    These Terms shall be governed by the laws of the State of Georgia without regard to conflict of laws principles. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Georgia, Gwinnett County, for the purpose of resolving any dispute relating to the Terms or Your access to or use of the Service(s).

    Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in Atlanta, Georgia before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTION AND CLASS ARBITRATIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

    EXPORT COMPLIANCE RESTRICTIONS

    FEDERAL GOVERNMENT END USE PROVISIONS The Service(s) and other Software or components of the Service(s) which We may provide or make available to You or Users may be subject to U.S. (or other territories) export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service(s), Software and such other components by You and Users. You shall not access or use the Service(s) if You are located in any jurisdiction in which the provision of the Service(s), Software or other components is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service(s) to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any U.S. government (or other government) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Users to access or use the Service(s) in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and Your Users are located. If You are a U.S. federal government department or agency or contracting on behalf of such department or agency, this Service(s) is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Service(s) is licensed to You with only those rights as provided under the terms and conditions of these Terms.

    BREACH IF:
  • You breach any of these Terms (including, without limitation, by non-payment of any Usage Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or
  • You breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any payment of Usage Fees that are more than 30 days overdue); or
  • You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction; then
  • 4Protech may take any or all of the following actions, at its sole discretion:

  • Terminate this Agreement and Your use of the Services and the Website;
  • Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
  • Suspend or terminate access to all or any Data.
  • For the avoidance of doubt, if payment of any invoice for Usage Fees due in relation to the Service is not made in full by the relevant due date, 4Protech may: suspend or terminate Your use of the Service, the authority for all or any of Your Organizations to use the Service, or Your rights of access to all or any Data.

    Accrued Rights

    Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:

  • remain liable for any accrued charges and amounts which become due for payment before or after termination; and
  • immediately cease to use the Services.
  • THIRD PARTY PRODUCTS AND SERVICES

    4Protech is designed to be used in conjunction with Google Maps and other services. Accordingly, your use of 4Protech is also bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

    HELP DESK

    In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting 4Protech. If You still need technical help, please check the support provided online by 4Protech on the Website or filing support ticket at: support@4Protech.com

    SERVICE AVAILABILITY

    4Protech intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.

    If for any reason 4Protech has to interrupt the Services for longer periods than 4Protech would normally expect, 4Protech will use reasonable endeavors to publish in advance details of such activity on the Website.

    AGREEMENT

    These Terms, together with the 4Protech Privacy Policy and the terms of any other notices or instructions given to You under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between You and 4Protech relating to the Services and the other matters dealt with in these Terms.

    WAIVER

    If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

    DELAYS

    Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

    NO ASSIGNMENT

    You may not assign or transfer any rights to any other person without 4Protech's prior written consent.

    DATA EXPORT

    You acknowledge that 4Protech does not have any feature to export Service Data upon termination of Your 4Protech Account. If you wish to permanently delete Service Data upon termination of Your 4Protech Account, You can write to support@4Protech.com.

    If You use the advanced email editor feature within 4Protech (“Email Feature”), the following shall apply to You:

  • Your Rights. We hereby grant You the limited right to access, execute, display, perform and otherwise use the Email Feature for Your respective internal business purposes. Except for the limited usage rights granted to You, the license rights granted herein are not transferable and not assignable to third parties.
  • During Your use of the Email feature, You agree not to:
    • a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
    • b. Use the Email Feature to upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright, trademark or privacy laws unless You own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material of information, including images or photographs, which are made available through the Email Feature in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any third party;
  • Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Email Feature;
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of the Email Feature or other material contained in a file that is uploaded;
  • Otherwise access or use the Email Feature or relevant Documentation beyond the scope of the authorization granted herein.
  • If You use the e-mail campaign feature within 4Protech ("Email Campaign"), in addition to your obligations under Section 5 above, the following shall apply to You:
  • You hereby agree that You shall be solely responsible and liable to comply with all applicable laws (including without limitation, anti-spam and data privacy legislations) and secure all necessary consents and permissions to send communications via Email Campaign.
  • In addition to any restrictions under the Terms, You hereby agree that You shall not send electronic communications:
  • Containing any content relating to or links to sites involved in any activities prohibited herein, including without limitation, pornographic content;
  • Impersonating or misrepresenting any individual or entity or that in any manner misleads recipients of the origin of the communication transmitted through 4Protech;
  • For the purpose of or in relation to any scamming activity, or gathering or storing Personal Data of any individual, including without limitation, other Users of the Service(s) for use in connection with any activities prohibited herein;
  • For distributing or selling any illegal or counterfeit products;
  • For any purpose that is dangerous or harmful in nature.
  • If You become aware of any actual or threatened activity prohibited by section 5 or 6 above, You shall immediately:
    • a) notify Us of any such actual or threatened activity and disclose all relevant information to Us;
    • b) take all reasonable and lawful measures within Your respective controls that are necessary to stop the activity and
    • c) fully cooperate with Us to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Email Feature and/or Email Campaign and permanently erasing from Your systems and destroying any data to which You may have gained unauthorized access).
  • We reserve the right to review and monitor Your electronic communications, both through tools and manually, to prevent spam and to detect possible violation of the Terms. In any event, if We become aware of the use of the Email Feature or Email Campaign in breach of the Terms by You or Your Users, We reserve the right to immediately and definitively block access to and use of the Email Feature and/or Email Campaign, and/or to terminate these Terms for breach in accordance with these Terms.
  • SEVERABILITY

    If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.

    NOTICES

    Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to 4Protech must be sent to support@4Protech.com or to any other email address notified by email to You by 4Protech. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.

    RIGHTS OF THIRD PARTIES

    A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

    MODIFICATION

    Modification of an existing functionality or release of a new functionality. You acknowledge that when an existing functionality is modified or a new functionality is released within the Organization feature, You may be shown additional terms governing such modified or new functionality. Your continued usage of such modified or new functionality may be relied upon by Us as Your acceptance of such additional terms.

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