Terms of Use


By accessing the web service, you acknowledge that you have read, understood and agreed to these terms of use.

Definitions

agreement	These terms of use.
you	The individual who accesses the service. If you access the service on behalf of a business or organisation, then "you" also means the business or organisation you are acting on behalf of. "You" means you. "Your" means you. "your" means you.
Industrial Neural	Industrial Neural Limited, which is a registered limited liability company (NZBN 9429052844645) with the New Zealand companies office.
administrator	An individual authorised by an organisation to add users to the service or remove users from the service or update information relating to users at the organisation.
authorised user	An individual authorised to access the service by an administrator.
web service	The software as a service provided by Industrial Neural via the web URL https://www.industrialneural.com/ for the purpose of using the Industrial Neural business solution.
fee	USD $199 per month, per user. This fee is subject to a 10% discount if 12 monthly fees are paid in advance.

Authority

You warrant that you have the authority to bind the business or organisation you are acting on behalf of to this agreement.

Consumer Guarantees

You warrant that the service will be used for business, corporate or government purposes only and that statutory consumer guarantees do not apply to this agreement.

Use of Service

Industrial Neural grants you the right to access and use the service. This right is non-sublicensable, non-exclusive, non-transferable, and limited by and subject to this agreement.

Accounts and Authorised Users

You are responsible for the creation and administration of authorised user accounts for your organisation.

You must ensure that all usernames and passwords required to access the service by authorised users are kept secure and confidential.

You must immediately notify Industrial Neural of unauthorised use of usernames and passwords required to access the service by authorised users when you become aware of that use.

You are responsible for all actions taken using usernames and passwords required to access the service by authorised users and for the content of your transmissions through the service.

You are responsible for compliance with this agreement by all authorised users.

Privacy

Acceptance of this agreement constitutes acceptance of the Web Service Privacy Policy.

Restrictions and Limitations

You must not supply Industrial Neural with information that is false or fraudulent.

You must not attempt to gain unauthorised access to any content, data or systems via the service including, but not limited to, the content, data or systems of Industrial Neural or other businesses, organisations or individuals.

You must not attempt to undermine the operation of the service.

You must not attempt to copy, reproduce, re-use, modify, adapt, disassemble, decompile, reverse engineer, sell, share or exploit any computer programs or code used in the service.

You must not transmit or input into the service content or data that is unlawful, objectionable, contains viruses or malicious code or infringes the intellectual copyright of others.

You must not share an authorised users' username and password for use by multiple individuals.

You must not use "bots" or other automated methods to access the service.

You, or any person that uses Industrial Neural, must not be located in a country sanctioned by the United States.

You, or any individual that uses Industrial Neural, must not be on the United States Specially Designated Nationals and Blocked Persons List.

The use of Industrial Neural for government services related to judicial, custodial, enforcement and military functions is not available to countries on the United States Department of State Arms Embargo list.

Industrial Neural will comply with any New Zealand government instructions regarding the provision or withdrawal of Industrial Neural services to any country, entity or individual.

Use of the service may be subject to limitations including but not limited to bandwidth or disk space usage.

Intellectual Property

The title to and all intellectual property rights in the service including but not limited to framework, taxonomy, software, code, functionality, design, layout, logo, graphics and text remain the property of Industrial Neural.

The intellectual property of Industrial Neural will not be disclosed or shared under any circumstances. Industrial Neural products and services are not available for use by individuals or entities that operate in jurisdictions or legal contexts that require the disclosure of the intellectual property of suppliers or vendors like Industrial Neural.

The title to and all intellectual property rights in the content and data you input into the service remain your property.

You grant Industrial Neural permission to access, copy, distribute, store, maintain, backup, transmit and reformat the content and data you input into the service for the purpose of providing the service to you

Industrial Neural will permanently delete the content and data you input into the service on the termination of this agreement, with the exception of data you input into the service that is backed up.

Fees, Taxes and Payments

When you first access the service, you may evaluate the service for 14 days with no obligation to proceed. All subsequent access is subject to the payment of the fee. No additional evaluation periods are permitted.

An invoice for the fee will be issued each month. Industrial Neural will continue invoicing you until this agreement is terminated.

If paying by credit card, your credit card will be charged when the invoice is generated. If paying by other means, invoices are due within 30 days of the invoice being sent to your billing contact email address.

You are responsible for maintaining accurate and complete billing contact and authorised payment method information.

If you add additional authorised users during a monthly billing period, user fees for the additional users will be included on the next invoice issued.

If you remove authorised users during a monthly billing period, user fees for the removed users will not be included on the next invoice issued.

You are responsible for payment of all taxes, levies and duties in addition to the fee.

Industrial Neural reserves the right to terminate your use of the service including use of the service by all authorised users if an invoice for the fee is not paid in full.

Industrial Neural reserves the right to change the fee. Industrial Neural will provide a minimum of one months' notice of a fee change.

Industrial Neural may charge for bandwidth or disk space usage that exceeds the averages calculated across all Industrial Neural customers.

If you terminate this agreement, the fee and all taxes, levies and duties in addition to the fee for the current monthly billing period are payable.

Cancellation and Termination

You may terminate this agreement at any time for any reason.

Industrial Neural reserves the right to terminate this agreement at any time for any reason.

Industrial Neural reserves the right to terminate this agreement if you or an authorised user are in breach of any terms in this agreement.

If you terminate this agreement, you must advise Industrial Neural by emailing support@industrialneural.com.

If Industrial Neural terminates this agreement, Industrial Neural will advise you via your administrative contact email address.

Disputes and Arbitration

You agree that this agreement is governed exclusively by New Zealand law.

You agree that all claims or disputes relating to this agreement will be settled by arbitration in New Zealand as governed by New Zealand arbitration legislation.

You agree to waive the right to file a lawsuit and the right to a trial by jury in relation to this agreement.

You agree to waive the right to participate in a class action against Industrial Neural.

Service Maintenance, Updates and Data Quality Management

Industrial Neural reserves the right to interrupt or stop the service to allow technical maintenance of the service.

Industrial Neural reserves the right to change or modify the features and functionality of the service.

Industrial Neural reserves the right to add new features and functionality to the service or remove features and functionality from the service.

Industrial Neural reserves the right to change the user interface or alter the visual design of the service.

Industrial Neural reserves the right to automatically and programmatically scan all data in the service for the purpose of locating data issues including, but not limited to, data which is corrupted, incomplete or not synchronised across relevant database tables and objects.

Industrial Neural reserves the right to permanently delete corrupted, incomplete or unsynchronised data.

Service Support

Service support from Industrial Neural is limited to communication by email and is limited to the technical delivery of the service within the control of Industrial Neural.

Service support from Industrial Neural excludes advice relating to business activities, approaches and best practice.

Publicity Rights

You grant Industrial Neural the right to use your business or organisation name and logo as a reference for marketing or promotional purposes on the Industrial Neural website and in public or private communications with existing or potential Industrial Neural customers.

You can request that we stop using your name and logo at any time. Industrial Neural will comply with the request.

Modifications

Industrial Neural may update, modify or change this agreement at any time.

Industrial Neural will notify you via your administrative contact email if Industrial Neural makes a material change to this agreement.

If you do not accept a material change, you must advise Industrial Neural and stop using the service.

Notices

You must send all notices relating to this agreement by emailing support@industrialneural.com.

Industrial Neural will send all notices relating to this agreement to your administrative contact email address.

You are responsible for ensuring your billing contact email address is accurate and current.

Waiver

A failure by Industrial Neural to exercise a right in this agreement is not a waiver of that right.

Assignment

You may not assign this agreement or transfer any rights to use the service without the written approval of Industrial Neural.

Industrial Neural may assign or transfer its rights under this agreement at any time without notice.

Severability

If any provision of this agreement is held to be unenforceable by a court a replacement provision will be supplied by Industrial Neural and the remaining provisions will remain in effect.

Warranty Disclaimer



Limitation of Liability



Replacement

This agreement replaces any prior oral, written or implied agreement with Industrial Neural, its officers, employees or suppliers.