i n o v i

Terms of Use

Last Updated Date: July 01, 2024

Welcome to the websites of Inovi Solutions Inc. (“Inovi,” “we,” “us,” or “our”). By accessing or using any part of our websites, including the Inovi Customer Portal (collectively the “Service”), you agree to comply with these Terms of Use (“Terms”).

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND INOVI. WE MAY UPDATE THESE TERMS PERIODICALLY, AND YOUR CONTINUED USE OF OUR WEBSITES SIGNIFIES YOUR ACCEPTANCE OF ANY CHANGES.

These Terms govern your access to and use of the Service. By using or logging into the Service you consent to these Terms. For the purposes of this document, “you” or “your” means you as an individual and any company or organization for whom you are using the Service.

Inovi provides a variety of products and services accessible through our website. Your use of specific Inovi products and services may be subject to separate agreements executed between you and Inovi. These additional terms become a part of your agreement with us when you log into our website and access the Salesforce AppExchange.

By accessing or using any part of our websites or the Customer Portal, you agree to be bound by these Terms, including any updates or modifications. If you do not agree to these Terms, please do not use our websites or Customer Portal.

1. Your Account

Some features or services on our Service necessitate the creation of an account. You must be 18 years of age or older to create an account. You agree to provide true and accurate information during registration and to update this information as necessary to keep it current.

You agree not to provide false or misleading information regarding your identity, and you further agree to rectify any such information that is or becomes false or misleading. Inovi reserves the right to suspend or terminate your account, or restrict access to our Services and Products (or any parts thereof), in the event that an individual provides false, inaccurate, or incomplete information while creating or maintaining an account.

When you create an account on our Services and Products, you are responsible for its security and all activities that occur under it. You must not share your account with anyone else. You must immediately notify us of any unauthorized uses of your information or your account, or any other security breaches within 72 hours. We are not responsible or liable for your actions or omissions, nor for any damages incurred as a result. Furthermore, you agree that we may send you information and notices regarding our services, and updates by email, text messaging or other means based on the information you provide to us.

2. Acceptable Use Policy

You are responsible for all your actions within the Service. It is essential to treat fellow Service users with respect and courtesy. To ensure a positive and respectful environment, you must adhere to the following guidelines and must not engage in the following activities:

(i) Impersonate anyone else: You must not assume the identity of another individual or entity, including, but not limited to, another user, a Service representative, or a public figure.

(ii) Misrepresent your association with any person or organization: You should not falsely state or imply any affiliation, connection, or association with any individual or organization without proper authorization.

(iii) Gather information about other Service users without their permission: You must not collect, store, or share personal information about other users without their explicit consent. This includes any attempt to harvest data such as email addresses, contact details, or any other personal information.

(iv) Submit or link to any content (including any name or user ID you use in the Service) that:

  • Infringes or violates the intellectual property or other rights of any person or entity;
  • Deliberately disrupts the operation of the Service;
  • Violates anyone’s privacy or publicity rights;
  • Breaches any confidentiality obligations you owe to anyone;
  • Discloses any non-public information about us or any other company or person without authorization;
  • We, at our sole discretion, deem to be vulgar, offensive, inappropriate, harassing, defamatory, abusive, lewd, pornographic, obscene, or otherwise objectionable;
  • Contains or installs viruses, worms, bugs, Trojan horses, malware, or any other code, files, or programs designed or capable of disrupting, damaging, or limiting the functionality of any software or hardware;
  • Contains false or misleading language, unsubstantiated or comparative claims regarding our or others’ products, advertising, commercial referrals, spam, chain letters, or any other solicitation, including solicitation of lawsuits;

We reserve the right to suspend or terminate, temporarily or permanently, your access to the Service if you materially breach the provisions of this clause or any of the other provisions of these Terms. Furthermore, we may take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach, or take further legal action against you as appropriate, including disclosing your information to law enforcement authorities as required or as we deem reasonably necessary. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms.

3. Modifications

We reserve the right, at our sole discretion, to make changes and modifications to any part of the Service at any time, with or without prior notice to you. This includes adding or removing functionalities or features and suspending or discontinuing the use of specific features altogether. For instance, we may introduce new tools, enhance existing capabilities, or eliminate outdated functionalities to improve user experience or adapt to changing technological standards.

Additionally, certain features may be temporarily or permanently disabled to address security concerns, maintenance needs, or other operational considerations.

4. Your Content

You may share text, photographs, videos, or other types of content (collectively referred to as “User Content”) through our Customer Portal. It is essential that you either own the rights to the User Content you share or have obtained explicit permission from the rightful owner. When you post your User Content, you retain full ownership of it. However, by sharing your User Content on our Customer Portal, you provide us, our agents, licensees, and assigns with a perpetual, non-exclusive right and permission to store, copy, and transmit your User Content for purposes related to the operation, promotion, and improvement of our services.

5. Intellectual Property Rights

All materials that are part of the Service are owned, controlled, or licensed by Inovi, unless otherwise expressly provided in writing. The entire contents of the Service (including, but not limited to, all visual content, audiovisual content, text, user interface and branding), and the arrangement, sequence, structure, and organization of the Service, are protected under the applicable intellectual property rights in the USA and internationally. No rights are granted to you beyond those expressly specified in these Terms. Any rights not explicitly outlined within this document are not conferred upon you and remain reserved.

All customized graphics, icons, and other items that appear on the Service are trademarks, service marks or trade name (“Marks”) of Inovi, its affiliates or other entities that have granted us the right and license to use such Marks and may not be used or interfered with in any manner without our express written consent.

6. Feedback

You may choose to submit comments, bug reports, ideas or other feedback about our Service, including without limitation about how to improve the Service (collectively, “Feedback”). By sending any Feedback, you agree that we are free to use and distribute such Feedback to third parties at our discretion and without any compensation to you, whether on a non-confidential basis or otherwise. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

7. Data Privacy

Your access and use of the Service is also conditioned on your acceptance of our Privacy Policy. Our Privacy Policy sets out data protection practices and principles we employ in relation to the Service. Please read our Privacy Policy carefully before using the Service or any parts thereof.

8. No Warranty

THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, TO THE EXTENT PERMITTED BY LAW. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY USER CONTENT POSTED BY USERS ON THE CUSTOMER PORTAL IS THE SOLE RESPONSIBILITY OF THE PERSON WHO POSTED IT. WE ARE NOT LIABLE FOR ANY USER CONTENT POSTED BY YOU OR ANY THIRD PARTY, REGARDLESS OF WHETHER WE REVIEWED OR MODERATED SUCH USER CONTENT. CONTENT POSTED BY US ON THE SERVICE IS NOT PART OF ANY USER GUIDE, PRODUCT DOCUMENTATION, OR LEGAL AGREEMENT. ALL SUCH CONTENT IS PROVIDED “AS-IS”, AND WE DO NOT GUARANTEE ITS QUALITY OR ACCURACY. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, USEFULNESS, NON-INFRINGEMENT, QUALITY, OR ORIGINALITY OF SUCH CONTENT. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIAL ON THE SERVICE, REGARDLESS OF ITS SOURCE, INCLUDING CONTENT PROVIDED BY OUR EMPLOYEES, PARTNERS, OR AFFILIATES.

9. No Damages

YOU AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING UPON CONTENT ON THE SERVICE. EXCEPT WHERE PROHIBITED, WE HAVE NO LIABILITY HEREUNDER TO YOU FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, THE VIOLATION OF YOUR RIGHTS BY A THIRD PARTY OR COMPUTER FAILURE, HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, and employees harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from: (i) your breach of these Terms or (ii) any claim made by any third party arising out of the User Content you submit to or post on the Service. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.

11. DMCA Notice and Content Removal

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1988 (DMCA), we have adopted the following policy concerning copyright infringement on our website.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information in writing: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Our Copyright Agent to receive notifications of claimed infringement can be reached at:

12. Enforcement

We generally do not monitor, edit, or moderate the content posted by users on the Service but reserve the right to do so at our discretion. We and our agents may investigate any breaches of these Terms and take appropriate action. Violations could lead to suspension or termination of your access to the Service. We may enforce these Terms at our discretion, which could include issuing warnings, disabling access, removing content, or prohibiting conduct that violates these Terms or is deemed inappropriate or harmful. We may also disclose your information, including posted content and registration details, when necessary to comply with legal requirements, enforce these Terms, protect our rights or property, prevent fraud, or in situations where there is a risk of death or serious injury.

13. Severability

The provisions of these Terms are independent and severable from each other. If at any time any provision of these Terms is or becomes illegal or unenforceable in any respect under the law of any jurisdiction, this does not affect or impair: a) the legality, validity, or enforceability in that jurisdiction of any other provision of these Terms; nor b) the legality, validity, or enforceability under the law of any other jurisdiction of that or any other provision of these Terms.

14. Electronic Communications, Transactions and Signatures

Visiting our Service and sending us emails constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on our Service, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA OUR SERVICE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

15. Third-Party Links

Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Inovi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly recommend that you read the terms and conditions and privacy policies, as well as cookie policies of any third-party websites or services that you visit.

16. Relationship of Parties

The provisions of these Terms do not establish a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and us. The relationship defined by these Terms is strictly limited to that of independent contracting parties. You are prohibited from assigning or transferring your rights or obligations under these Terms, whether by operation of law, sale of assets, merger, consolidation, or any other means, without obtaining our explicit prior written consent. Any attempted assignment or transfer in violation of this clause will be null and void.

17. Governing Law & Jurisdiction

These Terms shall be governed exclusively by the internal laws of the State of Texas, without regard to its conflicts of laws rules.

In the event of any controversy, dispute or claim (collectively “dispute”) between you and us arising out of or in connection with your use of the Service, the parties shall attempt, in good faith, to resolve any such dispute among themselves in an amicable fashion. If the parties are not able to resolve any such dispute within 15 days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation within a month of the submission to mediation, then the parties shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the competent courts located in Flower Mound, Texas will have the jurisdiction to hear the cases.

18. Entire Agreement

Except as explicitly stated herein, these Terms represent the entire agreement between the parties, superseding all prior and contemporaneous agreements, proposals, or representations, whether written or oral, regarding their subject matter. Any modification, amendment, or waiver of any provision of these Terms will only be effective if it is made available through an update to these Terms on our website or if it is in writing and signed by the party against whom the modification, amendment, or waiver is to be enforced.

19. Changes of Terms

We reserve the right to modify these Terms at any time. Please refer back to these Terms on a regular basis. By continuing to use or log into our websites or Customer Portal after these Terms have been modified, you acknowledge your agreement to the revised Terms. You must stop using or logging into our website and customer Portal if you do not agree the changes to the Terms.

20. Our Contacts

In order to resolve a complaint regarding the Service or to receive further information regarding use of our Service, please contact us:

by email at: [email protected]

by mail/post to:
Inovi Solutions Inc.
3412 Mark Twain Blvd.
Flower Mound, TX 75022