All sales are final
We do not look at any tenants data, and any information obtained regarding a tenant would be used in normal business practice for billing and maintaining the application, and we will not sell any information.
Workforce Recon hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Workforce Recon and its licensors. You may not access the Service if you are a direct competitor of Workforce Recon, except with Workforce Recon’s prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. Notwithstanding section 24 below, you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual.
You may use the Service only for your internal business purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks. Workforce Recon offers integration capabilities via an application programming interface, or API. Workforce Recon reserves the right to monitor your usage of the API and to interrupt such usage at any time should it be determined that said usage is detrimental to the User experience of other Users.
You are responsible for all activity occurring by Your Users and within Your Workforce Recon Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Workforce Recon immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Workforce Recon immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Workforce Recon user or provide false identity information to gain access to or use the Service.
Workforce Recon does not own any data, information or material that You submit to the Service in the course of using the Service (“Customer Data”). For purposes of this Section 4, adding applications from the Applications Library shall not be considered as if submitted to the Service by the Customer, and shall not be treated as “Customer Data”, except wherein those Applications are identified as “customizable”, in which case additional changes to the original application are considered “Customer Data”.
You hereby affirm that Workforce Recon makes available tools to assist You in maximizing Your data quality and Production environment stability, not limited to choices over Cloud Server vendors, data backup routines, data file locations, Application version repository storage and API or other access to Customer Data. You acknowledge that from time to time, Customer Data held in non-Production environments may be subject to action by Workforce Recon that could cause it to lose usefulness, and that you will not use Development or Testing Applications to store valuable data. You further acknowledge that all decisions to generate backups of Customer Data, to store those backups at a safe location, or to release applications to or maintain data in a more stable production environment, belong to You, subject to the terms and conditions of this Agreement. You, not Workforce Recon, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Workforce Recon shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), Workforce Recon will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Workforce Recon reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Workforce Recon shall have no obligation to maintain or forward any Customer Data.
Workforce Recon agrees to provide a reasonable amount of resources, including bandwidth, processor and storage as determined by Workforce Recon.
Workforce Recon will use reasonable efforts to notify you when server usage exceeds server capacity in terms of disk storage or other resources; however, any failure by Workforce Recon to so notify you shall not affect your exclusive responsibility for selecting an appropriate amount of resources, or for limiting Your User’s usage. Workforce Recon provides a range of other services that are sometimes provided by a third party. Workforce Recon assumes no responsibility for any Service Level Agreement provided by any third party, or for excess usage of any service by Your Users, or the consequences thereof.
All access to Software, Hosting or 3rd Party Services may only be purchased from Workforce Recon using funds from a Workforce Recon Account Balance associated with your Workforce Recon account. An account holder can fund the Workforce Recon Account Balance up to a maximum amount determined by Workforce Recon (“Limit”), using either a credit or debit card; a prepaid card or promotional code with a specified value where available; or other payment methods approved by Workforce Recon and made available from time to time in each specific country. In addition to any other rights granted to Workforce Recon herein, Workforce Recon reserves the right to suspend or terminate this Agreement and your access to the Service and your access to any vendors services managed by the Service if your Workforce Recon Account Balance falls below zero, at which point your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for Software, Hosting, Cloud Servers, Revenue Share and Added Incentives during any period of suspension. If you or Workforce Recon initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the terms of this Agreement. You agree that Workforce Recon may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Workforce Recon reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Workforce Recon has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent. Any breach of your payment obligations or unauthorized use of the Workforce Recon Technology or Service will be deemed a material breach of this Agreement. Workforce Recon, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Workforce Recon may terminate a free trial or reduce any balance of free credits at any time in its sole discretion. You agree and acknowledge that Workforce Recon has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
You shall indemnify and hold Workforce Recon, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by You of Your representations and warranties; or (iii) a claim arising from the breach by You or Your Users of this Agreement, provided in any such case that Workforce Recon (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Workforce Recon of all liability and such settlement does not affect Workforce Recon’s business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim. Workforce Recon shall indemnify and hold you and your parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that the Service directly infringes a copyright, a U.S. patent issued as of the Effective Date, or a trademark of a third party; (ii) a claim, which if true, would constitute a violation by Workforce Recon of its representations or warranties; or (iii) a claim arising from breach of this Agreement by Workforce Recon; provided that you (a) promptly give written notice of the claim to Workforce Recon; (b) give Workforce Recon sole control of the defense and settlement of the claim (provided that Workforce Recon may not settle or defend any claim unless it unconditionally releases you of all liability); (c) provide to Workforce Recon all available information and assistance; and (d) have not compromised or settled such claim. Workforce Recon shall have no indemnification obligation, and you shall indemnify Workforce Recon pursuant to this Agreement, for claims arising from any infringement arising from the combination of the Service with any of your products, service, hardware or business process(s).
WORKFORCE RECON’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WORKFORCE RECON IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site (“User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000 Workforce Recon and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
Workforce Recon reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time provided that such change will apply equally to all subscribers, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
With respect to all Customers, this Agreement and the rights of the parties to it shall be governed by Pennsylvania law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Dauphin County, PA. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Workforce Recon as a result of this agreement or use of the Service. The failure of Workforce Recon to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Workforce Recon in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Workforce Recon and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.