EasySet 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:
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 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.
- 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.
- 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.
- 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.
- *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:
- 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:
- 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.
- 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:
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The Client confirms that he/she understands that all sales are final with no return policy.
- 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.
- 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.
- 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.