Please read this agreement carefully before downloading or using Reporter Software. By using the service, you agree to be bound by these terms.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING REPORTER SOFTWARE. BY DOWNLOADING AND/OR USING REPORTER SOFTWARE, CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF ITS EMPLOYER, THEN CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON ITS EMPLOYER’S BEHALF.
This agreement is between IT Liner (trading as Reporter), and the customer agreeing to these terms (Customer).
This agreement offers Customer access to and use of Reporter Software as stated on the order.
All data inputted by Customer remains the property of Customer. Customer grants Reporter the right to use and operate the customer data solely for the purposes of providing the service under this agreement.
Customer: (i) is obligated to keep its passwords confidential and safe; (ii) is exclusively responsible for Customer Data and all activity in Reporter; (iii) must use commercially reasonable efforts to avoid unauthorised access to its account, and inform Reporter on time of any such unauthorised access; and (iv) may use the Service solely in accordance with applicable law.
Reporter is obligated to offer customer support for the Service in accordance with the Reporter Customer Support Policy, available at reporter.software/support-options.
Every Customer consents that Reporter may include such Customer’s name and trademarks in their customer list online or in promotional materials. Every Customer may withdraw from this section by contacting Reporter Support.
Reporter DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WHILE Reporter TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE STEPS TO SAFEGUARD THE SERVICE, Reporter DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE FREE FROM ERRORS AND USAGE MAY BE INTERRUPTED.
Customer must pay every fee as stipulated on the invoice. If not stipulated, fees must be paid within 30 days of receiving the invoice. See pricing plans → Customer is solely responsible for all sales, usage, withholding, VAT and other applicable legal taxes.
Confidential Information refers to all non-public information divulged by the Disclosing party to the Receiving party, whether in writing or verbally, that is designated as confidential or that reasonably should be regarded as confidential given the nature of the information and circumstances of its disclosure. Reporter’s Confidential Information includes without limitation the Reporter Service (including pricing information and user screen layout/design and interface).
Confidential Information does not include information that: (i) becomes publicly known without violation of obligations owed to the Disclosing party; (ii) was known to the Receiving party before disclosure without violation of any obligation; (iii) is obtained from any third party without violation of obligations owed to the Disclosing party; or (iv) was developed independently by the Receiving party without access to the Confidential Information. The Receiving party may disclose Confidential Information to the extent required by court order or law, provided it gives the Disclosing party prior notice to seek a protective order.
The designs, software, workflows, knowledge, user interface and all technologies offered by Reporter under the Service are solely the proprietary property of Reporter and its licensors. All title, right and interest, together with all related intellectual property rights, are solely the possession of Reporter. Customer may not alter or remove any restrictive legends or proprietary markings within the Service.
Customer is not permitted to: (i) rent, lease, sell or resell the Service or use it as a service provider; (ii) use the Service to transmit or store unsolicited or infringing marketing emails, defamatory, offensive, tortious, illegal material, or material that breaches third-party rights; (iii) interfere with or obstruct the performance or integrity of the Reporter Service; (iv) attempt to gain unauthorised access to the Reporter Service or its associated networks or systems; (v) reverse engineer the Service; or (vi) attempt to use the Service to create a competing product or service, or replicate any graphic, function or feature for competitive purposes.
Throughout and after the term of this agreement, Reporter may use anonymised Customer Data in the Service for improving the Service, aggregated statistical analysis, technical support and other legitimate business purposes.
This agreement lasts until every order has been terminated.
If either party materially breaches this agreement, the non-breaching party may terminate this agreement after a written 30-day cure/notice period, if the breach has not been successfully remedied.
Reporter reserves the right to fully terminate or temporarily suspend the service where the customer’s payment on a particular invoice is more than 15 days beyond due.
Reporter is under no obligation to retain Customer Data and reserves the right to destroy it upon termination.
If this agreement is terminated for any reason, Customer must pay Reporter all unpaid amounts and return or destroy every property in their possession that belongs to Reporter. At the request of Reporter, Customer will confirm in writing that the property has been destroyed or returned.
Reporter reserves the right to remove relevant Customer Data or temporarily suspend the service if Reporter reasonably believes the Customer has breached the law during use of the service.
Reporter is not responsible for any special, indirect, incidental or consequential damages resulting from or associated with this agreement (including, without limitation, loss of data, delay costs, loss of records, data and profits), even if there is awareness of the potential for such loss or damage.
Reporter’s total liability arising out of or related to this agreement does not exceed the amount paid by Customer within the 6-month period prior to the event that gave rise to the liability.
In the event a third party sets up any claim against Reporter related to Customer’s data, information, acts or omissions in the Software, Customer is obligated to indemnify, defend and hold Reporter harmless against and from all expenses, losses and damages of any kind (including reasonable legal costs and fees) associated with such claim.
This agreement is administered by the applicable law for all disputes that may arise between both parties or linked in any manner to the subject matter under focus in this agreement. Nothing within this agreement prevents either party from pursuing injunctive relief from a court with competent jurisdiction. The prevailing party in litigation is eligible to recover reasonable attorneys’ fees and other costs from the non-prevailing party.
This agreement and the order constitute the entire agreement between both parties and supersede any prior or contemporaneous agreements or negotiations, whether written or verbal, related to this subject matter. No amendment of this agreement is effective unless signed by all relevant parties.
Neither party may transfer or assign an order or this agreement to any third party, except that all orders and this agreement may be transferred without consent in the event of a business merger or substantial sale of all the principal party’s assets.
Both parties stand as independent contractors.
If any term within this agreement becomes unenforceable or invalid, all other terms remain functional. Excluding monetary payment obligations, neither party is responsible for events outside its reasonable control, including force majeure situations.
By offering suggestions, feedback or ideas to Reporter about the Service, Customer accepts that these submissions are not proprietary or confidential. Customer thereby grants Reporter an unlimited, irrevocable, fully-paid, royalty-free perpetual licence to use such submissions for any legitimate business purpose.
IT Liner reserves all rights to amend these terms at any time. Please check this page regularly for updates. Continued use of the Service after any update constitutes acceptance of the revised terms.