Welcome to FuseGIS

 

TERMS OF SERVICE

 

Use of FuseGIS web application (the service) in any manner, including merely browsing or accessing this FuseGIS web site, constitutes user acceptance and agreement to these Terms of Service. Please read these Terms of Service thoroughly and make sure user understands them before accepting them.

If user does not accept these Terms of Service or do not wish to be bound by them, cease access and use of this web site and the service immediately. FuseGIS will only permit user to access and use the FuseGIS web application upon acceptance of these Terms of Service.

These Terms of Service comprise a legal agreement between user (the User, under a user license granted to the Licensee) and FuseGIS. These terms are a part of the written Agreement between FuseGIS and the Licensee, if an Agreement has been executed. If there is no executed Agreement and access is being granted, these terms apply. Unless the Licensee has otherwise agreed in writing, the terms and conditions provided herein govern user access and use of Services offered from the FuseGIS web application whether used in connection with other products or services, or independent of them. Additional terms and conditions may apply (and will be presented to user) when accessing certain Services. Use of other FuseGIS products or services is subject to the appropriate written agreement or click-through license provided, and are separate from these Terms of Service.

1. USER RELATIONSHIP WITH FuseGIS

1.1 User use of FuseGIS’s products, software, services, and web applications (referred to collectively as “the Service” in the document and excluding any services provided to user by FuseGIS in a separate written agreement) is subject to the terms of a legal agreement between user and FuseGIS. “FuseGIS” means OneGIS, whose principal place of business is at 98 San Jacinto #2804, Austin, Texas, 78701, United States. This document sets out some of the terms of that agreement.

1.2 Unless otherwise agreed in writing with FuseGIS, user agreement with FuseGIS will include, at a minimum, the terms and conditions set out in this document.

2. ACCEPTING THE TERMS

2.1 In order to use the Services, user must first agree to the Terms. User may not use the Service if user do not accept the Terms.

2.2 User can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to user by FuseGIS in the user interface for any Service; or

(B) actually using the Services. In this case, user understands and agrees that FuseGIS will treat user use of the Services as acceptance of the Terms from that point onwards.

2.3 User may not use the Services and may not accept the Terms if (a) user is not of legal age to form a binding contract with FuseGIS, or (b) user is a person barred from receiving the Service under the laws of the United States or other countries, including the country in which user is resident or from which user uses the Service.

3. CONFIDENTIAL INFORMATION

To gain access to the Service, the parties hereby agree to these confidentiality provisions.

3.1 User acknowledges that user will obtain direct access via FuseGIS’s web application to certain confidential information including password or controlled access information provided by FuseGIS and FuseGIS databases containing confidential information of FuseGIS, its licensors, and others.

3.2 FuseGIS acknowledges that FuseGIS may receive user confidential information, data, business, product, or marketing strategies and other valuable technical or personal information.

3.3 The party receiving the confidential information (receiving party) shall hold such confidential information (Information), which Information has been clearly marked as "Confidential" or "Proprietary" by the disclosing party, in strict confidence and may provide Information to employees within its organization only on a need-to-know basis.

3.4 User shall maintain and safeguard the confidential nature of usernames, passwords, or registration information received from FuseGIS with the same degree of care as user safeguards user's own confidential information, but in no case less than reasonable care.

3.5 User may use the Information obtained from FuseGIS’s website, or by any other means of disclosure, solely for the purpose of developing, maintaining, and supporting user web-enabled applications subject to the respective grant of license or to support any other activities in furtherance of this Agreement.

3.6 The receiving party shall not acquire any rights, title, or ownership to the disclosing party and/or its licensor's Information, except the limited rights to use the Information as described above.

3.7 The receiving party's obligations to maintain the confidentiality of the disclosing party's Information shall continue until the end of the Agreement. Upon termination of this Agreement or upon the disclosing party's written request, the receiving party must cease use of Information and return or destroy all Information.

3.8 This Confidential Information provision shall impose no obligation upon the receiving party with respect to Information that the receiving party can establish by legally sufficient evidence that (a) it possessed, or knew, prior to its receipt hereunder, or received from the disclosing party without an obligation to maintain its confidentiality; (b) Information is or has become generally known to the public through no act or omission by the receiving party, or otherwise without violation of this Agreement; (c) Information was obtained from a third party that had the right to disclose it without an obligation to keep such information confidential; (d) Information was independently developed without the use of Information and without the participation of individuals who have had access to Information; or (e) Information is obtained in response to a valid order by a court or other governmental body, as otherwise required by law or as necessary to establish the rights of either party under this Agreement and as disclosed after adequate prior notice to the disclosing party, to afford the disclosing party the opportunity to object to or seek a protective order against the disclosure.

4. PRIVACY & SECURITY

4.1 Materials on this site are the property of FuseGIS or others. Certain content is provided under license from third parties and is subject to copyright and other intellectual property rights owned by or licensed to such third parties. User may be held liable for any unauthorized copying or disclosure of this content.

4.2  A Privacy Policy which discloses the information gathering, use, and storage practices is available at https://fuseGIS.com/privacy

5. LICENSE GRANT & RESTRICTIONS

5.1 User is granted a non-exclusive, non-transferable, worldwide right to use the Service, solely for user internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to user are reserved by FuseGIS and its licensors.

5.2 User 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) 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, logos, button icons, text, or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service; or (iv) delete, obscure, or in any manner alter any warning, notice (including but not limited to copyright or other proprietary rights notice), or link that appears in the content.

5.3 User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Service.

6. USER RESPONSIBILITIES

6.1 User is responsible for all activity occurring under User's account and shall abide by all applicable local, state, national, and foreign laws, treaties and regulations in connection with user use of the Service, including those related to data privacy, international communications, and the transmission of technical or personal data. User shall: (i) notify FuseGIS immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to FuseGIS immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by user; and (iii) not impersonate another FuseGIS User or provide false identity information to gain access to or use the Service.

6.2 User shall log off from the account at the end of each session. The terms of this agreement will continue to apply to all past use of the Service by user even if user is no longer using the Service.

6.3 User agrees not to misuse the Service or help anyone else do so. You must not even try to do so. User must not attempt probe, test, breach, or otherwise circumvent any security or authentication measures, nor interfere with nor disrupt any other user of the Service. User must not make use of nor attempt to make use of areas or parts of the Service the user has not been invited to, paid for, or have permission to access.

6.4 User agrees that the English language version of these Terms of Service shall govern their interpretation. Any versions provided in a language other than English are provided for convenience only. Any inconsistencies or contradictions shall not affect the interpretation of the English language version.

7. ACCOUNT INFORMATION AND DATA

7.1 FuseGIS does not own any data, information, or material (User Data) that user submits to the Service in the course of using the Service. User, not FuseGIS, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and FuseGIS shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data.

7.2 FuseGIS reserves the right to withhold, remove and/or discard User Data without notice for any breach, including, without limitation, non-payment. Upon termination for cause, user right to access or use User Data immediately ceases, and FuseGIS shall have no obligation to maintain or forward any User Data.

8. INTELLECTUAL PROPERTY OWNERSHIP

8.1 FuseGIS alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the FuseGIS technology, the content, and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by user or any other party relating to the Service. This Agreement is not a sale and does not convey to user any rights of ownership in or related to the Service, the FuseGIS technology, or the Intellectual Property Rights owned by FuseGIS

8.2 The FuseGIS name, the FuseGIS logo, and the product names associated with the Service are trademarks of FuseGIS or third parties, and no right or license is granted to use them.

9. MUTUAL INDEMNIFICATION

9.1 Licensee shall indemnify and hold FuseGIS, its licensors and each such party's subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Licensee Data infringes the rights of, or has caused harm to, a third party; (ii) a claim which, if true, would constitute a violation by Licensee of its representations and warranties; or (iii) a claim arising from the breach by Licensee of this Agreement, provided in any such case that FuseGIS (a) gives written notice of the claim promptly to Licensee; (b) gives Licensee sole control of the defense and settlement of the claim (provided that Licensee may not settle or defend any claim unless it unconditionally releases FuseGIS of all liability and such settlement does not affect FuseGIS's business or the Service); (c) provides to Licensee all available information and assistance; and (d) has not compromised or settled such claim.

9.2 FuseGIS shall indemnify and hold Licensee and its subsidiaries, affiliates, officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable 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 FuseGIS of its representations or warranties; or (iii) a claim arising from breach of this Agreement by FuseGIS; provided that Licensee (a) promptly gives written notice of the claim to FuseGIS; (b) gives FuseGIS sole control of the defense and settlement of the claim (provided that FuseGIS may not settle or defend any claim unless it unconditionally releases Licensee of all liability); (c) provide to FuseGIS all available information and assistance; and (d) have not compromised or settled such claim.

FuseGIS pursuant to this Agreement, for claims alleging any infringement arising from the combination of the Service with any of Licensee’s products, services, and hardware or business processes.

10. DISCLAIMER OF WARRANTIES

10.1 FuseGIS and its licensors make no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or any content.

10.2 FuseGIS and its licensors do not represent or warrant that (a) the use of the service will be secure, timely, uninterrupted, or error-free or operate in combination with any other hardware, software, system or data, (b) the service will meet user requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the Service or the server(s) that make the Service available are free of viruses or other harmful components.

10.3 The Service and all content are provided to user strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by FuseGIS and its licensors.

11. INTERNET DELAYS

11.1 FuseGIS's services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. FuseGIS is not responsible for any delays, delivery failures, or other damage resulting from such problems.

12. REFERNCE OF USE

12.1 Use of information from or reference to FuseGIS’s FuseGIS web application must site FuseGIS as the source. Any images of the FuseGIS web application used in any other materials or application must also include the FuseGIS logo at the bottom right corner of all pages from the use of the Service. This logo must link to https://FuseGIS.com.

13. CANCELLATION OF SERVICE

13.1 User can cancel at any time without fee or penalty. Cancellation will be effective immediately. FuseGIS online subscriptions are billed at the month anniversary of the start of the subscription, each month. If FuseGIS subscription is cancelled during the monthly term after the monthly payment has been received, the FuseGIS subscription will become inactive at the end of the current monthly term. If the subscription is cancelled in the first thirty (30) days of a first-time subscription, the initial payment will be refunded to the user. No other refunds will be permitted.

14. NOTICE

14.1 FuseGIS may give notice by means of a general notice on the Service; electronic mail to Licensee’s e-mail address on record in FuseGIS’s account information, or by written communication sent by first class mail or pre-paid post to Licensee’s address on record in FuseGIS's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or the following normal business day after sending by e-mail.

14.2 User may give notice to FuseGIS (such notice shall be deemed given when received by the designated contact at FuseGIS) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to FuseGIS at the following address: FuseGIS, 98 San Jacinto Blvd #2804, Austin, TX 78701.

15. GENERAL

15.1 This Agreement shall be governed by the laws of The State of Texas 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 the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.

15.2 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.

15.3 The failure of FuseGIS to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FuseGIS in writing