Terms of Service
By accessing or using the applications and services owned or operated by Entrinsia Inc. whether through our software app(s) or website (our “Services”), you are accepting and agreeing to be bound by the terms and conditions set forth below (these “Terms”).
We may modify the Terms at any time, in our sole discretion. If after being notified of change to the Terms, you continue to use our Services, you are agreeing to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer user our Services. Our Services will continue to evolve, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Subject to compliance to these Terms, Entrinsia grants you a limited non-exclusive, non-transferable license to download and install a copy of our software app (the “App”) on a single mobile device that you own or control and to run such a copy of the App and use our Services solely for your own purposes. We reserve all rights in and to the App and Services not expressly granted to you under these Terms. You may not:
Downloading Our App
When you download our App from the Apple App Store or the Google Play Store, you acknowledge and agree that
Creating an Account
In order to use certain features of our Services, you must have an account with us. By creating an account, you represent that
Your are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should immediately notify us if you suspect any unauthorized use of your account or access to your password. You may not
If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the Services).
Alerts and Notifications
As part of the services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails, or other types of messages directly sent to you outside or inside the App (“Push Messages”). you have control over Push Messages settings, and can opt in or out of these Push Messages through the Services (with the possible exception of infrequent, important service announcements and administrative messages). Please be aware that third party messaging fees may occur for some of the Push Messages depending on the message plan you have with your wireless carrier.
As part of the services we provide, you may (if enabled) access the camera functionality of the mobile device while using the App. The camera is used by the App to scan barcodes and Qr codes. Images are decoded on the mobile device for the code data, which is transmitted by the App. Images are not stored on the mobile device and the App does not have access to stored images on the mobile device. You have control over Camera Access settings, and can opt in or out of this access from the mobile device. Please be aware that opting out of the camera access for the App will limit some of the functionality in the App.
Content You Provide
You are responsible for the content, such as any text, images, and other materials and information, that you upload or post on or through our Services (your “Content”), and its legality, reliability, and appropriateness. You should only upload or post Content that you create or have the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing our Services. You agree that we can also make your Content available to other users of the Services, who may view and/or use your Content, subject to these Terms.
We will not disclose, or communicate to any person, firm, or corporation any proprietary information it may become aware of during the term of this agreement, including, without limitation, the names of your customers, your manner of operation, or your plans and processes.
You understand and agree that any and all content created by us is proprietary information and is our property and that we have the right to all of our work product for marketing and advertisement purposes. This understanding includes but is not limited to all software, notes, brochures, pamphlets, drawings, images or other work product, created or taking at your site or ours irrespective of the presence of any proprietary or copyrighted material that the work product contains.
We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas, or court orders, to protect our systems, service providers, partners, or other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, your conduct.
You agree not to do any of the following
It is our policy to remove, or disable access to, material that infringes any copyright on our Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted through our Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information
Notice of claims of copyright infringement should be sent to your Copyright Agent by mail addressed to Copyright Agent, Entrinsia Inc, 1159 Sonora Ct, Sunnyvale, CA 94086
Third Party Links
Our Services may contain links to content or services provided by third parties (“Third Party Links”). These Third Party Links are not under our control, and we are not responsible for their content, services, performance, operation, availability, business practices or policies. We are providing these Third Party Links to you only as a convenience but we do not imply any endorsement or recommendation of their content or services, or of any association of use with such third parties. If you access any of these Third Party Links, you do this entirely at your own risk and any charges or obligations you incur in your dealings with these third parties, are your responsibility. The websites available through Third Party Links are subject to their own terms and policies, including privacy and data gathering practices.
You acknowledge that all intellectual property rights of our Products, App and Services, including the underlying software and technology and the information and content available through our Services, are owned by us and our suppliers (including other users), and are protected by law throughout the world. If you provide any suggestions, ideas, feedback, or recommendations to us regarding our Products, App or Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing use with Feedback, you give us a worldwide, perpetual, irrevocable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback.
You can terminate your account at any time by deactivating your account or by providing notice of termination to us. We reserve the right to terminate or suspend your account or your access to any or all portions of there Services at any time, for any reason, including your violation or breach of any provision in these Terms. Upon termination, all rights and licenses granted to you in these Terms immediately end. If your account or access to our Services is terminated or suspended because you violated these Terms, you will not be entitled to any refund of any fees or payments and you will have no further right to access of the foregoing or your account.
Entrinsia Hardware Limited Warranty
Entrinsia warrants that your Entrinsia hardware product (“the Product”) will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the original retail purchaser (“the Warranty Period”). If a defect in the Product arises within the Warranty Period, Entrinsia will, at its sole option and subject to applicable laws:
This Warranty does not apply to
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights with vary by jurisdiction.
Disclaimer of Warranty for App and Services
We will use reasonable efforts to correct any discovered defects in the App or Services. However, your access to and use of our App and Services is at your own risk. We are not responsible for the content provided by, of the conduct of, any user and you bear the entire risk of using the App and Services and any interaction with other users. Our App and Services are provided on an “AS IS” and “AS AVAILABLE” basis and we do not represent, warrant, or guarantee that the App and Services will be provided uninterrupted, error-free, virus-free, or that defects will be corrected. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES REGARDING THE APP AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IMPORTANT: WITHOUT LIMITING THE FOREGOING, THE APP AND THE SERVICES ARE DESIGNED TO SOLELY HELP YOU MANAGE INVENTORY, EMPLOYEES, TASKS AND WORKFLOWS, WE DISCLAIM ANY LIABILITY RESULTING FROM ANY USE OF THE APP AND/OR THE SERVICES FOR ANY PURPOSE OTHER THAN THEIR INTENDED DESIGN. If applicable law requires any warranties with respect to our App or Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allows by law.
Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP OR SERVICE, IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT IN THE 3 MONTHS BEFORE THE CLAIM AROSE.
These Terms constitute the entire agreement between us with respect to the subject matter and supersedes any prior understandings and agreements. These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
Third Party Trademarks
Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google and the Google logo are trademarks of Google LLC., registered in the U.S. and other countries. Play Store is a service mark of Google LLC. The Bluetooth word mark and logos are registered trademarks owned by Bluetooth SIG, Inc. and use use of such marks by Entrinsia Inc. is under license. All other trademarks and trade names are properties of their respective owners.