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License Agreement


Overview: Easyset LLC, which hosts the EasySet app, web interface, and database content (“EasySet”), provides its Account holders (“Clients”) and users with assessment tools and templates to facilitate physical security assessment tasks through a mobile application and web-based interface (“EasySet Services”). The template content was developed by EasySet, based on professional experience, industry standard references and is copyright protected. “EasySet Services” are limited to the following terms and conditions:
 
Definitions:


EasySet Account: A designated EasySet account (mobile app and web editor) made accessible to the assigned EasySet Client/Users.

EasySet Client: EasySet account holder.

EasySet User: An individual who uses a specific EasySet account with permission from the EasySet Client. A user must operate under the same legal entity (company) as the EasySet Client.

Report Credit Package: A Report Credit Package includes a determined quota of prepaid, downloadable watermark-free reports allotted to the EasySet Client in addition to full access to the EasySet platforms and selected features over an alloted period of time.

Purchased Report: An expended credit from the Client’s Report Credit Package quota.

EasySet License Agreement: The License Agreement governing the Client/User’s Terms of Use while accessing any/all EasySet Platforms throughout the Report Credit Package period.

EasySet Mobile App: Mobile application which can be downloaded from the Apple App Store, or the Google Play Store typically used to conduct physical security inspections.

EasySet Web Editor: Browser-based editor designed to build, edit, download, maintain security assessment reports, input Client or User information, and other activities.

Released Party: Individual or organization which is in receipt of any partial or complete data from a report generated by the Client/User. 

*Subscription Fee: Recurring fee charged to the EasySet Client to maintain access to the EasySet account. *Applicable only to select EasySet Clients who previously purchased subscription packages which are no longer available. 

 

 

 

A. Terms of Use: 

  1. Access to and the use of EasySet platforms is subject to Report Credit Package fees (*or Subscription Fee if applicable), paid in advance, per EasySet Account after the initial trial period. The fee provides EasySet Client/Users access to the mobile app and web editor, allowing multiple users simultaneous access to the same account, the ability to draft and edit an unlimited number of reports, unlimited report storage, library customization, and limited watermarked report previews. 

  2. The Client will maintain access to his/her account, including the data stored within during the initial trial period and/or throughout the duration of the Report Credit Package period. 

  3. Unless requested by the Client in writing and confirmed by EasySet, the user account will be disabled, upon conclusion of the trial/Report Credit Package period, discontinuing access for the Client/Users. Ninety (90) days after the account has been disabled, all data associated with the account will be permanently deleted, including purchased reports and report credits. Future use of the EasySet platform requires the Client to open a new EasySet Account with the associated Report Credit Package fees.

  4. *Applicable only to Clients on a Subscription Fee package (which is no longer offered by EasySet for new users). The user account Subscription Fee is automatically renewed at the end of the subscription period until canceled or altered by the Client. Automatic renewal will apply to the select subscription plans and, charged using the payment information on file provided by the Client.

B. Trial period:

  1. In some cases, prospective EasySet Clients may start a free trial period. The free trial period typically lasts no more than 10 days unless otherwise specified. The free trial period may be granted only to new EasySet Clients or Users and is done so to familiarize users with the EasySet platforms. The free trial period may not include all EasySet features. A report created during the free trial period may not necessarily be upgraded to include all EasySet features. Downloading a watermark-free report is subject to Report Credit Package fees. Free trial eligibility is determined by EasySet at its sole discretion and can be limited or revoked without explanation or notice in the case of suspected violation of this license agreement or any other reason.

 
C. Cancellation Policy:

  1. Unless agreed upon in advance under a specific EasySet License Agreement, all EasySet Report Credit Package’s are paid in advance and are non-refundable. Prepaid reports do not rollover to the following package period. To renew a Report Credit Package the EasySet Client must purchase a new Report Credit Package, available at the time of renewal.

  2. In the event the EasySet Client exhausts his/her report quota before the Report Credit Package expires, the Client may be eligible to purchase additional reports at the original package rate. Purchasing additional reports will not extend the original Report Credit Package period.

  
E. Changes to Report Credit Package:

  1. EasySet reserves the right to change Report Credit Packages, adjust the pricing of the service or any component thereof, in any manner and at any time. Any changes will only apply upon renewal of a new Report Credit Package, unless agreed otherwise in writing. 

 
F. Compiling Assessment Reports and Report Fees:
 

  1. Each report generated using EasySet is subject to the Report Credit Package fees. Each individual report applies to a single unique address and time as declared by the Client. Copies, screenshots, photos, photocopies or any other means or attempt to duplicate any content produced as a result of using EasySet, without written consent from EasySet will be considered copyright and/or agreement infringement and may result in legal action by the law.

  2. All content provided by EasySet is designed solely to assist the Client by facilitating the completion, drafting, and production of a physical security assessment or any other applicable documents.

  3. The Client acknowledges, EasySet cannot guarantee that all sections, areas, vulnerabilities, and solutions are available for Client selection. Although EasySet provides Clients with flexibility in order to address individual needs, EasySet cannot guarantee that all conceivable options are available for selection.

  4. Vulnerability titles and content suggested by EasySet, serve only as a sample of total vulnerabilities applicable for the section or area. Selecting from the provided vulnerability list, although recommended, does not guarantee that all conceivable vulnerabilities for a specific section or area exist in the database for selection. Therefore, EasySet is by no means suggesting that if a vulnerability is not present in the checklist that such vulnerability or associated risk does not exist.

  5. Vulnerability descriptions provided by EasySet serve as an initial option for the customer's consideration and use. EasySet does not guarantee that the vulnerability is described in full and/or is applicable to the area(s) selected or to that specific location.  All vulnerabilities and content chosen by EasySet Client(s) represent the Client’s professional opinion only, based on the Client’s assessment and does not represent any expert or official opinions of EasySet.

  6. EasySet provides its Client(s) with various optional solutions for consideration. By providing these solutions, the Client understands that the recommendations only represent a portion of the possible solutions available. The order of the solutions presented does not indicate any partiality or prioritization of any specific solution. The Client understands although a solution might apply to one area, it does not necessarily apply to all areas.  Specific solutions may be unsuitable for certain vulnerabilities, and in some cases, may even cause potential harm if selected. Therefore, the solution suggestions are general and do not endorse any specific vulnerability. Solution descriptions and references are copyright protected by EasySet and provided to the Client as a structured template designed to assist in compiling the Client’s security assessment report. EasySet does not mandate, endorse, or sanction any options presented, referenced as "Solutions'' or “Solutions for Consideration.” EasySet offers solutions to understanding that the Client will use and/or alter the wording and descriptions to his/her best judgment and takes full responsibility for any content rendered from EasySet. By using EasySet templates and content without editing, the Client understands that he/she carefully reads and agrees in full to all content provided and therefore chooses to select the solution and description for his/her own use and responsibility. In most cases, EasySet provides references from reputable industry standard sources. Though EasySet tries its best to provide references to the Client, it is the Client’s sole responsibility to check each reference’s validity and applicability, choose whether or not to use it at his/her own risk, whether the Client edited a solution or not. The reference chosen does not necessarily incorporate the entire solution selected and may refer to partial content only.

  7. Within each security assessment report template, by default, EasySet provides a pre-written disclaimer designed for the recipient of the final report which can be customized by the user. The default disclaimer included in the EasySet report template is provided to the Client as a courtesy and does not substitute the Client’s responsibility to seek legal advice before the download and release of a security assessment report to third-party beneficiaries (“Released Parties”). The Client understands that EasySet cannot be held legally responsible for any content or lack thereof in the provided legal disclaimer.

  8. Wording, phrasing, language, and grammar provided by EasySet is done so to the best of EasySet’s knowledge. All text within EasySet is not intended to offer judgment or insult the assessed location, personnel, and/or assets. EasySet cannot be held responsible for any spelling, phrasing, or grammar mistakes selected and used by the Client/User. The Client understands that it is his/her responsibility to conduct a complete review of the report content in its entirety before download and/or distribution.

  9. EasySet provides its Client(s) with the ability to upload, store and edit Client and/or third-party beneficiaries (“Released Parties”) sensitive data on its designated servers. All data stored on the EasySet web application or servers is done so at the Client's own risk. Once a report has been purchased, the Client understands that he/she is limited to one hundred and eighty (180) days of editing, previewing, and downloading, after which the report will be “archived” and may become accessible by deducting another purchased report from the Client’s quota.

 
G. General:
 

  1. The Client confirms that he/she has read, understands and agrees to all Terms of Use put forth in the EasySet License Agreement and the EasySet Privacy Policy which specifies the collection, use, and storage of Client data for purposes defined. The Client understands that he/she will be notified of any changes to the License Agreement and/or the Privacy Policy. All information generated and/or stored on the EasySet servers is subject to the terms of the EasySet Privacy Policy.

  2. Although EasySet stores customer data, reports and information to the highest level of security standards, the Client agrees not to hold EasySet liable for any claims, damages, losses or liabilities if any Client, customer or “Released Party” information is breached due to unauthorized access to drafted, completed or archived reports or to Client data. The decision to maintain any data on EasySet servers is based solely on the Client's decision and due-diligence.

  3. Any data deleted by the Client/User from his/her account, including reports, report images, icons, logos, or uploads of any kind are deleted from EasySet servers within twenty-four (24) hours. Backup data is overwritten every twenty-four (24) hours. For security and privacy, data is not backed up for more than twenty-four (24) hours. Not all information deleted by the Client intentionally or by accident, can be restored, even within the twenty-four (24) hour window. All deletions which exceed twenty-four (24) hours are permanent and final.

  4. EasySet services allow the Client to enter data into the EasySet mobile app which synchronizes in real-time with the EasySet web editor. The Client agrees not to hold EasySet responsible for any technical faults which result in loss of data, photos, notes, Client data, loss of time or business reputation.

  5. The Client agrees that any dispute, claim or controversy arising out of or relating to this agreement, breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, CA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its comprehensive arbitration rules and procedures [and in accordance with the expedited procedures in those rules] [or pursuant to JAMS streamlined arbitration rules and procedures]. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

  6. The laws of the state of California (CA), USA govern this agreement (without giving effect to its conflicts of law principles). Both EasySet and the Client/User or any Released Party subject to this agreement, consent to the personal jurisdiction of the state and federal courts in Los Angeles County, CA, USA.

  7. By using any of the EasySet software, the Client states that he/she has active liability insurance with commercially reasonable limits of coverage which includes coverage of but is not limited to physical injury, harm, data breach, data loss, cybercrime, professional liability, errors, and omissions.

  8. The Client confirms that he/she has legal ownership of all content uploaded or referenced by the Client while using EasySet and has authorization from the relevant third party or released party to collect potentially sensitive information about the facility in the form of text, photos, or otherwise.

  9. The Client confirms that he/she understands that all sales are final with no return policy. 

  10. This Agreement and any Addendum or Schedules constitutes the entire understanding between the parties with respect to the subject matter hereof and shall supersede any prior agreements, understandings or correspondence between the parties with respect to the subject matter.

  11. Indemnification: EasySet Client/User will defend, indemnify, and hold harmless EasySet, EasySet affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) Client or any End Users’ use of the services (including any activities under your EasySet account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by the Client, End Users or the Client’s Content; or (c) a dispute between the Client and any End User. The Client will reimburse EasySet for reasonable attorneys’ fees, as well as EasySet’s employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (c) above at our then-current hourly rates.

  12. Limitations of Liability: EASYSET AND OUR AFFILIATES AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE EASYSET SERVICES, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAY EASYSET UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  13. By clicking “Agree,” and/or by using the EasySet software, the Client confirms that he/she read, and fully understands the terms of use in this License Agreement and the EasySet Privacy Policy. The Client confirms he/she has the authority to represent his/her entity utilizing EasySet software. 
     

Privacy Policy
 

 

A. EasySet Responsibilities

  1. EasySet LLC (EasySet) operates the EasySet software, which includes the website, web editor, mobile applications and corresponding servers. The following Privacy Policy aims to inform EasySet account holders (“Clients”) and EasySet account users (“Users”) regarding the collection, use, and disclosure of personal and professional information through the use of the Easyset software. Absolutely, no Client data collected while using any of the EasySet software is provided or sold to any third party for commercial use.

  2. EasySet maintains a wide variety of compliance programs that validate our security controls. EasySet safeguards the security of the Client’s data during transmission to or from the EasySet platform by using encryption protocols and security software. EasySet maintains physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of Client or personal information. EasySet’s security procedures may require proof of identity before disclosure of personal information to the Client/User.

  3. EasySet is responsible for the processing of personal data it receives under the Privacy Shield Framework and subsequently transfers to a third party acting as an agent on its behalf. EasySet complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, EasySet is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, EasySet may be required to disclose personal data in response to lawful requests by authorities, including to meet national security or law enforcement requirements. If requested by law, and within the legal confines of the request, EasySet will notify the Client of the data request within 7 business days of initial notification.

  4. To process payments, EasySet follows the Payment Card Industry Data Security Standard (PCI DSS) applied by 3rd party services, when handling credit card data. 

B. Client/User Responsibilities

  1. Client/Users are responsible for all activities that occur under the designated account(s), regardless of whether the activities are authorized by the Client or undertaken by the Client, the Client’s employees or a third party (including the Client’s contractors, agents or End Users/Released Parties), EasySet LLC and EasySet’s affiliates are not responsible for unauthorized access to the Client’s account.

  2. Client/User Data: The Client will ensure that the Client’s content and the End User/Released Parties use of the Client’s content will not violate any of the Policies or any applicable law.  The Client is solely responsible for the development, content, operation, maintenance, and use of the content.

  3. Security and Backups: The Client is responsible for properly configuring and using the EasySet software and otherwise taking appropriate action to secure, protect and backup Client accounts and Client Content in a manner that will provide appropriate security and protection, which might include the use of encryption to protect Client Content from unauthorized access and routinely archiving Client Content.

  4. Log-In Credentials: EasySet log-in credentials are for Client/User internal use only and Client/User will not sell, transfer or sublicense the credentials to any other entity or person. The Client/User may disclose Log-In Credentials to agents and subcontractors of choice performing work on his/her behalf.

  5. End Users/Released Parties: The Client/User is responsible for End Users’/Released Party use of the Client/Users’ Content and the EasySet software (if applicable). The Client will ensure that all End Users/Released Parties comply with obligations under this Privacy Policy and License Agreement with each End User/Released Partyconsistent with this Agreement. If Client/User becomes aware of any violation of the obligations under this Privacy Policy and/or License Agreement caused by an End User/Released Party, Client will immediately suspend access to the EasySet Account and EasySet software. EasySet does not provide any support or services to End Users/Released Parties unless separately agreed for such support.

  6. By choosing to use any of the EasySet software, the Client/User agrees to the collection and use of information subjected to policy, local, US Federal law and the EU General Data Protection Regulation (GDPR).  Data collected by EasySet such as a Client’s email address and categorical/statistical assessment data may be used internally for statistical use to improve EasySet software. The Client’s personal information, as well as any information related to the assessed (“Released party”), will be kept confidential. EasySet states that it will not transfer any of Client’s personal or sensitive information to a third party, other than one acting as an agent of its behalf without the Client’s consent unless legally requested by law.

 
C. Information Collection and Use:

  1. While using the EasySet software, EasySet may request the Client to provide specific personally identifiable information, including but not limited to the Client’s name, phone number, email and postal address. For use and access to the EasySet system (excluding payment information) only a verified email address is required. This information collected will be used to contact the Client, identify users, payments when applicable, and to generate EasySet products/reports.

  2. Any data deleted by the Client/User from his/her account, including reports, report images, icons, logos, or uploads of any kind are all deleted from EasySet servers within twenty-four (24) hours. Backup data is overwritten every twenty-four (24) hours. For security and privacy, data is not backed up for more than twenty-four (24) hours. Not all information deleted by the Client intentionally or by accident, can be restored, even within the twenty-four (24) hour window. All deletions which exceed twenty-four (24) hours are permanent and final. Unless requested by the Client, all data associated with the account including purchased reports and report credits will be permanently deleted, ninety (90) days after a Client account has been disabled. Future use of the EasySet software requires the Client to open a new EasySet Account with the associated Report Credit Package fees.

  3. Log Data: When the Client/User visits an EasySet platform, EasySet collects directly or through a third party typical information that the Client's browser sends, referred to as Log Data. This Log Data may include information such as Client’s computer’s Internet Protocol (“IP”) address, browser version, pages of our service that Client visits, the time and date of visit, the time spent on those pages, actions the Client took on the website and/or on Client’s account and other recorded behavioral statistics. This data is protected using commercially acceptable means of doing so and is used only to identify improvement of use.

  4. Cookies: Most EasySet web-based Services use "cookies," small text files that can be read by a web server in the domain that puts the cookie on the Client’s browser. EasySet may use cookies to store Client preferences and settings; help sign-in and analyze site operations to improve user experience. The Client has the option to either accept or refuse these cookies by adjusting browser settings as well as deleting cookies already populated within the browser. Choosing to refuse or delete our cookies, may impact the use of EasySet Services.

  5. Service Providers: EasySet may employ third-party companies and individuals for the following reasons -

    • To facilitate EasySet Services.

    • To provide the Service on our behalf

    • To perform Service-related services.

    • To assist EasySet in analyzing how the Service is used.

    • To monitor and protect Client information and identify improper use.

  6. Information EasySet collects:

  • Statistical means and application improvements.

  • Stats collected: Title (only) vulnerabilities used, titles (only) of Solutions for Consideration, Usage and Preference Information, assessment location, server logs, account creation information, device information and transaction information.

  7. How EasySet uses the Information:

  • To enhance the safety and security of our users and services.

  • For the customer support.

  • For research and development.

  • To enable communications to users.

  • To provide promotions.

  • In connection with legal proceedings if applicable.

8. To Unsubscribe from EasySet Communications: Client/User may unsubscribe from EasySet marketing communications by clicking on the "unsubscribe" link located on the bottom of the e-mail or by sending an email to EasySet@EasySetGo.com. EasySet Client’s/Users cannot opt out of receiving transactional emails related to their EasySet account.

9. Links to Other Sites: An EasySet Service may contain links to other sites. Clicking on a third-party link will direct the Client/User to that site. Note that these external sites are not operated by EasySet. Therefore, we strongly advise the Client to review the Privacy Policy of these websites. EasySet has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or Services.

10. Children’s Privacy: EasySet Services do not address anyone under the age of 18. EasySet does not knowingly collect personally identifiable information from children under the age of 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact EasySet so that we will be able to take necessary actions.

  11. Reviewing, Correcting and Removing Client’s Personal Information: The Client has the following data protection rights -

  • Client can withdraw consent, request access, correction, updates or deletion of Client’s personal information at any time.

  • Client has the right to complain to a data protection authority about our collection and use of personal information. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada are available here.)

 

12. Changes to This Privacy Policy: EasySet may update its Privacy Policy from time to time. EasySet advises the Client to review this page periodically for any changes. EasySet will notify the Client of any changes to the Privacy Policy before posting the new Privacy Policy on this page. Any changes are effective immediately after they are posted on this page.
 

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