TERMS OF SERVICE AGREEMENT
This Agreement describes the terms governing your use of the applications, Service, software, software licensing or hardware created or sold by Cairnstack Software LLC. including content, updates and new releases (collectively, the Service ) and gives you certain rights and responsibilities depending on the software license or hardware you selected, purchased or subscribed to, as more fully described herein. The Agreement includes by reference:
Cairnstack Software LLC Privacy Statement available on the website or provided to you in writing for the hardware or software you selected;
An "Affiliate" means all Cairnstack Software LLC companies and subsidiaries that directly or indirectly, control or are controlled by Cairnstack Software LLC, or are under the common control with Cairnstack Software LLC. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
QUOTE AND ORDER TERMS
LICENSE GRANT AND RESTRICTIONS
Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the services, and Cairnstack Software LLC reserves all other rights in the services not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, Cairnstack Software LLC grants you a personal, limited, nonexclusive, non transferable, revocable license to use the hardware and/or service only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with Cairnstack Software LLC s then-current product discontinuation policies, as updated from time to time, and only for the purposes described by Cairnstack Software LLC for the hardware and/or services.
You acknowledge and agree that the Software is licensed, not sold. You agree not to use the Software in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Cairnstack Software LLC in writing, you agree you will not:
Provide access to or give the service or any part of the service to any third party;
Reproduce, duplicate, copy, deconstruct, reverse-engineer, sell, trade or resell the service;
Transfer your license to the service to any other party without express written permission from Cairnstack Software LLC;
Attempt unauthorized access to any other Cairnstack Software LLC systems that are not part of the service;
Permit any third party to benefit from the use or functionality of the hardware and/or service via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
Upload, host, use or access the hardware and/or service via a timesharing, service bureau, virtualization, application hosting or other remote access arrangements.
If you violate any of these terms, this Agreement and your license to use the Software may be terminated by Cairnstack Software LLC in its sole discretion.
For Software licensed on a payment or subscription basis, the following terms apply, unless Cairnstack Software LLC notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software:
Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise.
You must pay with one of the following:
A valid credit card acceptable to Cairnstack Software LLC; Such as Visa, Master Card, American Express;
A valid and verified ACH account in good standing;
Sufficient funds in a checking or savings account to cover a paper or electronic debit of the payment due; or
By another payment option Cairnstack Software LLC provides to you in writing.
If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may immediately suspend or terminate your account, terminate your license and refuse any further use of the hardware and/or Software.
UNLESS YOU NOTIFY US ONE BUSINESS DAY BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
Subscribing to Add-Ons:
How to Subscribe to an Add-On(s):, simply click on the “Add-On” button to turn it “ON”, then click Update Subscription Add-On(s). If you are already Subscribed to an Add-On(s), make sure it is also selected to “ON” when hitting Update Subscriptions Add-On(s). Otherwise, you will be unsubscribed from the previous or other Add-On(s).
Billing: Your Billing period for a Subscription Add-On(s) will start immediately upon clicking on Update Subscription Add-On(s). An invoice for that amount will be sent and collected. The Add-On(s) will have a separate billing cycle from your TRXio Subscription and from your other Subscription Add-On(s). This means, if you have 2 monthly Add-On(s), you will have 2 separate bills for these Add-On(s) each month. The bill will be sent on the day you initially subscribed to the Add-On(s).
Similar Subscription Add-Ons: You will notice that most Add-On(s) have a monthly and yearly billing option. For example, QuickBooks Online has both QuickBooks Online Monthly and QuickBooks Online Yearly. You will only be able to subscribe to one of these options at a time. We do this to make sure you are NOT being billed for the same Subscription Add-On(s) twice. In order to switch from Monthly to Yearly or vice versa Unsubscribe from the Add-On(s) before selecting another.
Unsubscribing From an Add-On: In order to Unsubscribe from an Add-On(s), simply click on its button to turn it “OFF” and then click Update Subscription Add-On(s). If you are subscribed to other Subscription Add-On(s), please make sure and leave them set to “ON” when clicking on Update Subscription Add-On(s). Otherwise, you will be unsubscribed from them as well. You will lose access to an Add-On(s) immediately after unsubscribing, even if you are in the middle of an existing billing cycle. You also will NOT receive a refund for any days that you have already paid for. Furthermore, if you want to re-subscribe to that Subscription Add-On(s), you will have to set up a new Subscription Add-On(s) that will have a new billing cycle requiring you to pay in full again for the period selected.
TO CANCEL YOUR SUBSCRIPTION OR SOFTWARE LICENSING
To Cancel your subscription or licensing, You must call our office at 303-862-3000 to speak with support or sales personnel to state your reasons for cancellation no less than one (1) business day prior to your renewal date.
Yes, this is software but we are real people who want to do the right thing for you, then us. So constructive feedback is critical. Upon successful conversation with our support or sales department, send an email with confirmation of your intention to cancel from the administrator user’s matching email address of your products account. This email must be received no less than one (1) business day prior to the renewal date of your licensing. Any cancellation of licensing after one business day prior may incur additional and/or non-refundable service fees.
You can cancel your subscription at any time, and you will continue to have access to the services through the end of your defined billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial-period (month or annual) subscriptions or licensing periods or unused service.
There is no refund when you cancel your subscription before the renewal date. You’ll continue to have access to the subscribed platform through the end of your paid subscription period and will not be charged again at the following renewal anniversary.
Any labels received are assigned to your account and cannot be refunded or transferred. Hardware purchased from Cairnstack Software can be (at Cairnstack Software’s sole option) to offer a return of purchased hardware based on the length of time in use, the circumstances surrounding the return and the ability for the hardware to be resold based on physical condition. Restocking fees do apply in all instances and will be documented as part of any hardware return.
Software add-on licenses or integrations are only refundable based upon an incompatibility of the add-on’s intended use vs. what the user or purchaser “wants” the integration to do. Integrations are customizable and are NEVER all encompassing. Special functions, integration requirements, or customizations are not covered by this incompatibility clause and do not warrant any refunds.
YOUR PRIVACY AND PERSONAL INFORMATION
You can view Cairnstack Software LLC s Privacy Statement on the Cairnstack Software LLC website, or via a link on the website for the Software you have selected. You agree to be bound by the applicable Cairnstack Software LLC Privacy Statement, subject to change in accordance with its terms: Most importantly, you agree to Cairnstack Software LLC maintaining your data according to the Cairnstack Software LLC data management and Privacy Statement, as part of the Software. To give Cairnstack Software LLC permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Software. By way of example, this means that Cairnstack Software LLC may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
Cairnstack Software LLC is a global company and despite best efforts to ensure data security and limit access to data, your personal data may be accessed or stored in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections by European Union Data Protection Authorities. When you agree to this Agreement, you agree to this practice.
You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Software. You grant Cairnstack Software LLC a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Software. You agree not to use the Software for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Software. You agree that you will not use the Software to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions.
Cairnstack Software LLC is not responsible for the Content you provide through your use of the Software. You agree not to use the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
Except as otherwise permitted by Cairnstack Software LLC in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
The Software may include access to a community forum to exchange information with other users of the Software and the public. Please use respect when you interact with other users. Cairnstack Software LLC does not support and is not responsible for the accuracy of others content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Cairnstack Software LLC is not responsible.
Cairnstack Software LLC may, but has no obligation to monitor Content provided on the community forum. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Cairnstack Software LLC or its customers, or operate the Software properly. Cairnstack Software LLC, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
Cairnstack Software LLC feedback usage
You agree that Cairnstack Software LLC may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant Cairnstack Software LLC a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Cairnstack Software LLC in any way. Cairnstack Software LLC will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
ADDITIONAL TERMS YOU AGREE TO:
Cairnstack Software LLC does not give professional advice. Cairnstack Software LLC is not in the business of providing legal, financial, accounting, health care, human resource or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
We may tell you about other Cairnstack Software LLC services. You may be offered other services, features, products, applications, online communities, or promotions provided by Cairnstack Software LLC ("Cairnstack Software LLC Services"). If you decide to use any of these Cairnstack Software LLC Product or Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Cairnstack Software LLC Services you may upload or enter data such as names, addresses and phone numbers, purchases, and other data to the Internet. You grant Cairnstack Software LLC permission to use the information you provide about your experience so that we can provide the Cairnstack Software LLC Services to you, monitor and analyze your use of the services, maintain and update your data, and address errors or service interruptions. We may use this data to improve services, enhance future services, identify potentially relevant offers, and produce anonymous research data. You grant Cairnstack Software LLC permission to combine the data you have entered or uploaded with that of others in a way that does not identify you or any individual personally. You also grant Cairnstack Software LLC permission to share or publish summary results relating to such research data and to distribute or license such data to third parties.
HELP AND SUPPORT
Cairnstack Software LLC may use a variety of methods (e.g., in-product, Internet, chat, e-mail and phone) to provide technical support and customer service in connection with the Software and Cairnstack Software LLC Services. The terms and conditions governing the offering of this support, some of which require the payment of an additional fee, are subject to change as announced by Cairnstack Software LLC from time to time. Consult our Support department for the most up-to-date information relating to this support and any associated charges. By using Cairnstack Software LLC’s support, you authorize Cairnstack Software LLC to collect certain company data files in order to provide you with a better customer support experience.
CUSTOMIZED LABEL TEMPLATES AND FUNCTIONALITY
If you obtain label templates, special feature, custom features, or any other alteration to the services from Cairnstack Software LLC to be used, you understand and agree that such designs may only be used with your associated company license yet may be made available to other service users at Cairnstack Software’s sole discretion. For example, you are authorized to use these designs or templates that you print, engrave, mark or otherwise send or transmit to others for marketing, inventory or asset marking. However you may not resell these designs or templates nor use them for any other purposes, including use on third party generated materials such as forms, web-based materials, or other custom printed business identity, tracking or marketing products.
THIRD PARTY PRODUCTS
You may be presented with the opportunity to browse and buy from a number of featured suppliers and retailers from within Cairnstack Software LLC software or by association with . Cairnstack Software LLC does not represent or endorse the aggregator, nor any of the participating suppliers or retailers ( Suppliers ), nor any of the products or services offered by them. Cairnstack Software LLC is not a party to the dealing, contracting and fulfillment of transactions between any individual user and a Supplier providing products or services. The Suppliers listed are not employees or agents of Cairnstack Software LLC. Cairnstack Software LLC has no control over and does not guarantee the quality, safety or legality of Suppliers advertised products or services, the truth or accuracy of Supplier listings, or the ability of Suppliers to deliver products or services, or that a Supplier can or will actually complete a purchase, return, exchange or other transaction.. Cairnstack Software LLC provides this information as a convenience and does not confirm or verify the information. All rights and obligations for the purchase, sale, return or exchange of Suppliers products or services are solely between the purchaser of the products or services and the Supplier. You and the Supplier must look directly and solely to each other for enforcement and performance of all the rights and obligations arising from the dealings and transactions between yourselves.
THIRD PARTY PRODUCTS OR SERVICE COMMUNICATIONS
You agree that Cairnstack Software LLC can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated Cairnstack Software LLC contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party s separate product terms, website terms and privacy policies. You agree that third parties, and not Cairnstack Software LLC, are responsible for their product's performance and the content on their websites. Cairnstack Software LLC is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
TEXT MESSAGING POLICY
If you opt into Cairnstack Software LLCs text message feature (“Program”), you further agree to the terms and conditions outlined in this section. By default you agree to the following Text messaging policy unless the box relating to your mobile device phone number has been unchecked within your account.
By enrolling in the Program, you consent for Cairnstack Software to use an automated system to send marketing text messages to the telephone number(s) you provided at enrollment. You acknowledge that your consent to receive these messages is not required to purchase any goods or services and that cancellation of your account does not automatically revoke your consent.
Program Description and Cost
As part of the Program, Cairnstack Software will send you text messages with service reminders, updates, and/or other information you may be interested in or have previously subscribed to. Message and data rates may apply as provided in your mobile telephone service plan (please contact your mobile carrier for details).
Cairnstack Software anticipates a typical user receiving product or items specific alerts by SMS messages will receive approximately 2 messages per alert. The number of text messages you receive may vary on company settings and quantity triggers set by your company’s administrator. The actual frequency may exceed or fall below the anticipated range.
Supported carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
Failure to Receive messages
Cairnstack Software LLC and/or Supported carriers are not responsible for content, timing or failure to deliver triggered messaging and may not be held liable for any problem or claim arising in connection with it.
You may opt-out of the Program by texting STOP. You consent to receive one message confirming your opt-out. If you are participating in any other text message programs provided by Cairnstack Software LLC or its associated products/platforms, you must opt-out of those programs separately.
Your Mobile Number & Indemnification
You represent that you are the account holder for the mobile telephone number you provided and that you are a United States resident 18 years of age or older. If your phone number changes, you must notify Cairnstack Software LLC immediately at firstname.lastname@example.org. You agree to indemnify Cairnstack Software LLC for all claims, expenses and damages related to or caused in whole or in part by your failure to notify Cairnstack Software LLC immediately of a change in your telephone number.
DISPUTES WITH THIRD PARTY SUPPLIERS
Any disputes in connection with the products or services provided by third party suppliers or integration, returns or exchanges made by you for such products or services remain between you and the third party suppliers. You acknowledge that Cairnstack Software LLC will not be a party to any such dispute. If you have a dispute with any other user or supplier, you must address such dispute with the user or supplier directly. If you have reason to believe a dispute involves a violation of the terms of this Agreement, you may report such violation via but Cairnstack Software LLC will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute.
RELEASE OF CLAIMS
Because Cairnstack Software LLC does not and cannot be involved in user-to-user, purchaser-to-retailer and/or business-to-business dealings or control the behavior of participants using the PTIprint, Bi4Ci or TRXio platforms, images, codes or landing pages, if you have a dispute with one or more sources or Suppliers, you hereby release Cairnstack Software LLC and its affiliates from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
HEALTH INFORMATION AND PRIVACY
If you intend to use the subscriber services or Software, related services and content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that the subscriber services or Software, related services and content are not “HIPAA-ready” or “HIPAA-compliant” UNLESS specifically noted and identified as “HIPAA compliant”. Any subscriber license or software not listed as HIPAA compliant specifically will NOT assist with or ensure compliance with HIPAA guidelines or regulations, and that you are solely responsible for using the subscriber services or Software, related services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information. HIPAA compliant services are available with access to HIPAA compliant infrastructure and URL schemes and must be specified in advance of use for compliance. For more information see the BAA documentation for details.
Cairnstack Software LLC may be required by law to send you communications about purchased licensing, Software or Third Party Products. You agree that Cairnstack Software LLC may send these communications to you via email or by posting them on one of our sponsored websites. We may also send business communications such as confirmations or notices, which will be delivered to you via email or posted on our websites. You are required to receive these communications. You can choose not to receive some types of communication, such as marketing messages.
PASSWORDS AND UPDATES
You are responsible for securely managing your password(s) for access to the Software. If you become aware of any unauthorized access to your Software account, theft or loss of your password, you agree to contact Cairnstack Software LLC as soon as possible. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Software.
CHANGES TO THIS AGREEMENT OR THE SOFTWARE
We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. Please review the Agreement periodically on the website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Software, in whole or in part, including but not limited to, any feature or aspect of the Software, Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Software after Cairnstack Software LLC posts or otherwise notifies you of any changes, indicates your agreement to the changes.
Cairnstack Software LLC may immediately and without notice terminate this Agreement or suspend or terminate the license to the Software if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon any termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect Cairnstack Software LLC s rights to any payments due to it. Cairnstack Software LLC may terminate a trial or free account at any time, for any reason. Other requirements regarding termination or cancellation of your license to the Software may apply based on the specific ordering or activation terms for the Software.
All Cairnstack Software LLC Software is subject to discontinuation policy and reserves the right to discontinue all support for hardware and/or Software, and/or for any features, online or other services or content accessible through the Software. The Cairnstack Software LLC Software platforms offer services that require a connection to Cairnstack Software LLC servers (including Internet-based services), such as uploading or downloading financial, product, vendor, customer, and/or brand specific data from a participating ERP, accounting system, inventory control, CRM tool or other Cairnstack Software LLC’s approved platforms, such services may expire in accordance with their respective and/or Cairnstack Software LLC's discontinuation policy.
Cairnstack Software LLC's current discontinuation policy is to provide support for the Cairnstack Software LLC hardware and/or Software with online and other membership based services or content accessible through the hardware and/or Software for the term of the license or licenses are valid. More information about the discontinuation policy relating to your specific hardware and/or Software is available upon request at email@example.com.
Relevant sections will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
You acknowledge that this website, the Software, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Software, or any part of the Software, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Software to anyone who you have reason to know may use the Software in the development of nuclear, chemical, or biological weapons.
GOVERNING LAW AND JURISDICTION
Colorado state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Cairnstack Software LLC agree to the exclusive jurisdiction of state courts in Denver County, Colorado U.S.A. or federal court located in Denver, Colorado. Cairnstack Software LLC does not represent that the Software is appropriate or available for use in all countries. Cairnstack Software LLC prohibits accessing materials from countries or states where contents are illegal. You are using the Software on your own initiative and you are responsible for compliance with all applicable laws.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.
APPLE OS AND DEVICE USE REQUIREMENTS
If you download any Services from the Apple iTunes Store the following apply:
Acknowledgement: You acknowledge that this Agreement is between you and Cairnstack only, and not with Apple, and Cairnstack, not Apple, is solely responsible for the Services and the content thereof.
Scope of License: The license granted to you for the Services is a limited, non-transferable license to use the Services on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple iTunes App Store Terms of Service.
Maintenance and Support: Cairnstack and not Apple is solely responsible for providing any maintenance and support services with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
Warranty: Cairnstack is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Services in the Apple iTunes App Store to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Intuit's sole responsibility, as between Cairnstack and Apple.
Product Claims: Cairnstack, not Apple, is responsible for addressing any user or third party claims relating to the Services or the user's possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact Info: Direct any questions, complaints or claims to: firstname.lastname@example.org.
Third Party Beneficiary: You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
LICENSE GRANT AND RESTRICTIONS
Cairnstack Software LLC Inc. ("Cairnstack Software LLC", "us", "we", "our") grants you ("you" and "your" means you or the legal entity identified in the registration process that you are authorized to represent and on whose behalf the Software is licensed) the following rights provided that you comply with all of the terms and conditions of this Agreement. (i) Single User License. You may: (a) access the Software on one computer for access and use by only one specific person; and (b) access the Software on one additional computer (e.g., a laptop that you own and use in your business or a home computer that you own and use in your business), so long as only the same specific person accesses and uses the Software. if needed, on a single computer or additional computer referenced in (a) and (b) above. You are not allowed to make copies of the printed materials accompanying the Software, if any, or print multiple copies of any user documentation.
(ii) Multi User License and Multi Location or Co-op licensing. You may: (a)utilize the Software on the number of computers equal to the number of user licenses you purchased; (b) access and use the Software solely by the number of specific printers or LiveQR data attachment hardware corresponding to the number of licenses you purchased, with no substitution of such users (for example, if you purchased a 3 location license and you have 10 printers utilized in your company for label printing related uses or LiveQR data attachment hardware in any form, the original 3 specific printers or LiveQR data attachment devices that were initially provided with access to and use of the Software, are the only printers or LiveQR data attachment hardware licensed to use the Software unless you purchase additional licenses; (c) install the Software on 1 additional computer above the number of the license(s) you purchased, solely to manage your Co-op tools at a location where label printing is not to take place, and not for use of the Software by another user; and (d) for each license you purchased, make one copy of the printed materials accompanying the Software, if any, or print one copy of any online user documentation solely for use by licensed users. Notwithstanding (b) above, you may replace a specific user if such user leaves and must be replaced with a new employee.
You are not licensed or permitted under this Agreement to do any of the following: (a) modify, adapt, translate, rent or sublicense (including offering the Software to third parties on an applications service provider or time-sharing basis); (b) assign, loan, resell, transfer or distribute the Software, or related materials or create derivative works based upon the Software or any part thereof; (c) network the Software; (d) use IP masking technology to copy local IP to combine remote locations into one IP, except that you may network your company data file as outlined in Section B.1.(ii) above if you have purchased the multi-user license version; and (d) copy the Software in whole or part, except as expressly stated in (i), (ii), or (iii) above, or use trade secret information contained in the Software, to develop software to interface with the Software. You agree not to (and not to permit others to): (i) decompile, disassemble, or otherwise reverse engineer the Software, except as otherwise expressly permitted by applicable law; or (ii) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright notices) of Cairnstack Software LLC or its licensors on or within the Software or any copies of the Software. All license transfers are subject to written approval by Cairnstack Software LLC and may be subject to a transfer fee determined by Cairnstack Software LLC in its sole discretion. If your company is, or substantially all of its assets are, acquired by or merged into another company or sole proprietorship, please contact Cairnstack Software LLC at regarding transferring your license to the new company.
(iii) Unlock License. If you elect to convert from one version of the Software to another (e.g., from the Trial version to any paid version, from Basic to Pro, etc.) using the unlock purchase process within the Software, your use of the new unlocked version of the Software must be in accordance with the terms and conditions of this Agreement. Once you have unlocked such version, you may no longer use the original version of the Software on any computer. (iv) If you purchased a subscription license to the Software, the terms of this Agreement, as supplemented by the terms of the subscription, will govern your use of the Software and provided that the duration of such license will be based on the subscription model you have elected.(v). Any software that is delivered by electronic transmission (regardless of whether a replacement copy is ordered) shall be deemed delivered on the date that Cairnstack Software LLC makes such program available for download or initial access.
This Agreement is the entire agreement between you and Cairnstack Software LLC and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement.
If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Cairnstack Software LLC. However, Cairnstack Software LLC may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Cairnstack Software LLC or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Cairnstack Software LLC via an email to: legal@Cairnstack.com.
Your use of the subscribed services, Add-On Products and related Services provided by Cairnstack Software LLC are subject to the General Terms above and including any Additional Terms and Conditions which govern your use of the subscribed services, Add-on Products and related Services as listed. Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms.
GOVERNING LAW AND JURISDICTION
Colorado state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Cairnstack Software LLC agree to the exclusive jurisdiction of state courts in Denver County, Colorado U.S.A. or federal court located in Denver, Colorado. USA. Cairnstack Software LLC does not represent that the subscribed services are appropriate or available for use in all countries. Cairnstack Software LLC prohibits accessing materials from countries or states where contents are illegal. You are using the subscribed services on your own initiative and you are responsible for compliance with all applicable laws.
LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF CAIRNSTACK SOFTWARE LLC, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SUBSCRIBED SERVICES OR HARDWARE THAT DOES NOT MEET CAIRNSTACK SOFTWARE LLC SUBSCRIBED SERVICES REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF CAIRNSTACK SOFTWARE LLC, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SUBSCRIBED SERVICES AND ITS USE. You agree to indemnify and hold Cairnstack Software LLC and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the subscribed services or breach of this Agreement (collectively referred to as “Claims”). Cairnstack Software LLC reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Cairnstack Software LLC in the defense of any Claims.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SUBSCRIBED SERVICES AND CONTENT ACCESSIBLE THROUGH THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAIRNSTACK SOFTWARE LLC, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SUBSCRIBED SERVICES IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SUBSCRIBED SERVICES. CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTIONS, ERRORS, THEFT OR DESTRUCTION. FURTHER, CAIRNSTACK SOFTWARE LLC DOES NOT WARRANT ACCESS TO THE INTERNET OR TO ANY OTHER SERVICE, CONTENT OR DATA TRANSMITTED THROUGH THE SOFTWARE. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
CAIRNSTACK SOFTWARE LLC AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SUBSCRIBED SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SOFTWARE IS IN ACCORDANCE WITH APPLICABLE LAW.
WOW, that was a lot of text. Let’s all be good to each other and everything will be alright.
Oh sorry, Here are some additional legal guidelines relating to the European Economic Union's area of influence.
The US and EEU Personal information and data protection compliant practices pertaining to the General Data Protection Regulation (GDPR) laws effective as of May 25th, 2018:
Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:
What information we collect about you
How we use the information we collect
How we share information we collect
How we store and secure the information we collect
How to access and control your information
How we transfer information we collect internationally
Other important privacy information
This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.
Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services. For more information, please see Notice to End Users below.
What information we collect about you -
We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.
Information you provide to us -
We collect information about you when you input it into the Services or otherwise provide it directly to us.
Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your contact information and, in some cases, billing information when you register for the Services. You also have the option of adding a display name, profile photo, job title, and other details to your profile information to be displayed in our Services. We keep track of your preferences when you select settings within the Services.
Content you provide through our products: The Services includes the Cairnstack Software products you use, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include. Examples of content we collect and store include: the summary and description added to an item history issue, the landing pages you create, the messages you exchange in our support portal or community, your notes and images collected as part of your item history, and any feedback you provide to us. Content also includes the files and links you upload to the Services. We collect feedback you provide directly to us through the product and; we collect content using analytics techniques that hash, filter or otherwise scrub the information to exclude information that might identify you or your organization; and we collect click stream data about how you interact with and use features in the Services.
Content you provide through our websites: The Services also include our websites owned or operated by us. We collect other content that you submit to these websites, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, sweepstakes, activities or events.
Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as a technical contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue. When contacting Cairnstack Software for any reason by telephone, be advised that all calls are recorded for training and legal purposes.
Payment Information: We collect certain payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.
Information we collect automatically when you use the Services
We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.
Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on; the type, size and filenames of attachments you upload to the Services; frequently used search terms; and how you interact with others on the Services. We also collect information about the teams and people you work with and how you work with them, like who you collaborate with and communicate with most frequently.
Device and Connection Information: We collect information about your computer, phone, tablet, or other devices you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, device identifiers, and crash data. We use your IP address and/or Geolocation with your country preference in order to approximate your location to provide you with a better Service experience, use case analytics and product specific location tracking. How much of this information we collect depends on the type and settings of the device you use to access the Services.
Use with your mobile device: Mobile access to the Services requires an active subscription, internet access, and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with the Services. Cairnstack Software is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by Intuit at any time with reasonable notice to you. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
CAIRNSTACK MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act ("CCPA"), Cairnstack Software LLC shall be considered a Business and/or Third Party, as applicable. Where Cairnstack Software LLC acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to Cairnstack Software LLC is done so in compliance with applicable law, and that it has provided all necessary and appropriate notices and opt-outs, and otherwise has all necessary and appropriate rights, to enable Cairnstack Software LLC to (i) share any and all Personal Information you provided with any Cairnstack Software LLC company, including Cairnstack Software LLC. and any parent, subsidiary, affiliate, or related company and (ii) use any such Personal Information in connection with any and all Cairnstack Software LLC services, internal operations and functions, including, but not limited to, improving such products and/or services, operational analytics and reporting, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between Cairnstack Software LLC’s Services does not constitute a "sale" of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
What types of technologies do we use?
How do we use them?
Where strictly necessary. These cookies and other technologies are essential in order to enable the Services to provide the feature you have requested, such as remembering you have logged in, your print settings, and your user permission levels.
For functionality. These cookies and similar technologies remember choices you make, such as language or search parameters. We use these cookies to provide you with an experience more appropriate with your selections and to make your use of the Services more tailored.
For performance and analytics. These cookies and similar technologies to collect information on how users interact with the services and enable us to improve how the services operate. For example, we use Google Analytics cookies to help us understand how visitors arrive at and browse our products and website and platform to identify areas for improvement such as navigation, user experience, and marketing campaigns.
How can you opt-out?
Many browsers include their own management tools for removing HTML5 local storage objects. You will not be able to opt-out of any cookies or other technologies that are “strictly necessary” for the services.
Updates to this Notice
This Cookies & Tracking Notice may be updated from time to time. If we make any changes, we will notify you by revising the "effective starting" date at the top of this notice.
Information we receive from other sources
We receive information about you from other Service users, from third-party services, from our related companies, and from our business and channel partners.
Other users of the Services: Other users of our services may provide information about you when they submit content through the services. For example, you may be mentioned in an item history opened by someone else. We also receive your email address from other service users when they provide it in order to invite you to the services. Similarly, an administrator may provide your contact information when they designate you as the billing or technical contact on your company's account.
Cairnstack Software Companies: We receive information about you from companies that are owned or operated by Cairnstack Software, in accordance with any specific services terms and policies.
Cairnstack Software Partners: We work with a global network of partners who provide consulting, implementation, training and other services around our products. Some of these partners also help us to market and promote our products, generate leads for us, and resell our products. We receive information from these partners, such as billing information, billing and technical contact information, company name, what Cairnstack Software LLC products you have purchased or may be interested in, evaluation information you have provided and what country you are in.
Other Partners: We receive information about you and your activities on and off the Services from third-party partners, such as advertising and market research partners who provide us with information about your interest in and engagement with, our Services and online advertisements.
How we use the information we collect
How we use the information we collect depends in part on which services you use, how you use them, and any preferences you have communicated to us. Below are the specific purposes for which we use the information we collect about you.
To provide the Services and personalize your experience: We use information about you to provide the services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the services. For example, we use the name and picture you provide in your account to identify you to other Service users. Our services also include tailored features that personalize your experience, enhance your productivity, and improve your ability to collaborate effectively with others by automatically analyzing the activities of your team to provide search results, activity feeds, notifications, connections and recommendations that are most relevant for you and your team. For example, we may use your stated job title and activity to return search results we think are relevant to your job function. We also use information about you to connect you with other members seeking your subject matter expertise. We may use your email domain to infer your affiliation with a particular organization or industry to personalize the content and experience you receive on our websites. Where you use multiple services, we combine information about you and your activities to provide an integrated experience, such as to allow you to find information from one service while searching from another or to present relevant product information as you travel across our websites.
For research and development: We are always looking for ways to make our services smarter, faster, secure, integrated, and useful to you. We use collective learnings about how people use our services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the services. We automatically analyze and aggregate frequently used search terms to improve the accuracy and relevance of suggested topics that auto-populate when you use the search feature. In some cases, we apply these learnings across our services to improve and develop similar features or to better integrate the services you use. We also test and analyze certain new features with some users before rolling the feature out to all users.
To communicate with you about the services: We use your contact information to send transactional communications via email and within the services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We also provide tailored communications based on your activity and interactions with us. For example, certain actions you take in the services may automatically trigger a feature or third-party app suggestions to review, monitor or otherwise cause action within your business resulting in a possible financial liability decrease or increase relating to inventory levels. We also send you communications as you onboard to a particular service to help you become more proficient in using that service. These communications are part of the services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.
To market, promote and drive engagement with the services: We use your contact information and information about how you use the services to send promotional communications that may be of specific interest to you, including by email and by displaying Cairnstack Software ads on other companies' websites and applications, as well as on platforms like LinkedIn, Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under the setting section of the service in use.
Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.
For safety and security: We use information about you and your service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of service policies.
To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.
With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.
Legal bases for processing (for EEA users):
If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the services you use and how you use them. This means we collect and use your information only where:
We need it to provide you the Services, including to operate the services, provide customer support and personalized features and to protect the safety and security of the services;
It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the services and to protect our legal rights and interests;
You give us consent to do so for a specific purpose; or
We need to process your data to comply with a legal obligation.
If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the services.
How we share information we collect
We make collaboration tools, and we want them to work well for you. This means sharing information through the services and with certain third parties. We share information we collect about you in the ways discussed below, including in connection with possible business transfers, but we are not in the business of selling information about you to advertisers or other third parties.
Sharing with other service users
When you use the services, we share certain information about you with other service users.
For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on the settings you or your administrator (if applicable) select. Some of the collaboration features of the services display some or all of your profile information to other service users when you share or interact with specific content. Please be aware that some aspects of the Services like the public facing landing pages associated with a LiveQR code are publicly available, meaning any content posted, including information about you, can be publicly viewed and indexed by and returned in search results of search engines. You can confirm whether certain Service properties are publicly visible from within the services or by contacting the relevant support team for your services.
Managed accounts and administrators: If you register or access the services using an email address with any domain, even one that is not owned by your employer or organization. In the event such organization wishes to establish an account or site, certain information about you including your name, profile picture, contact info, content and past use of your account may become accessible to that organization’s administrator and other service users. If you are an administrator for a particular site or group of users within the services, we may share your contact information with current or past service users, for the purpose of facilitating service-related requests.
Community Forums: Our websites offer publicly accessible blogs, forums, issue trackers, and wikis like Cairnstack Softwares Community. You should be aware that any information you provide on these websites - including profile information associated with the account you use to post the information - may be read, collected, and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you input into these services. To request removal of your information from publicly accessible websites operated by us, please contact us as provided below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.
Sharing with third parties
We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.
Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.
Cairnstack Software Partners: We work with third parties who provide consulting, sales, and technical services to deliver and implement customer solutions around the services. We may share your information with these third parties in connection with their services, such as to assist with billing and collections, to provide localized support, and to provide customizations. We may also share information with these third parties where you have agreed to that sharing.
Social Media Widgets: The services may include links that direct you to other websites or services whose privacy practices may differ from ours. Your use of and any information you submit to any of those third-party sites is governed by their privacy policies, not this one.
With your consent: We share information about you with third parties when you give us consent to do so. For example, we often display personal testimonials of satisfied customers on our public websites. With your consent, we may post your name alongside the testimonial.
Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Cairnstack Software, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.
Cairnstack Software policy on responding to law enforcement requests
To obtain Customer Information from Cairnstack Software, law enforcement officials must provide legal process appropriate for the type of information sought, such as a subpoena, court order, or a warrant. For example, Cairnstack Software will not provide non-public customer content unless served with a valid search warrant, issued on a showing of probable cause by a federal or state court authorized to issue search warrants, which requires Cairnstack Software to disclose the content. Please review these guidelines before submitting a law enforcement request to Cairnstack Software.
These guidelines are intended to serve as an informational resource and do not create obligations or waive any objections concerning how Cairnstack Software will respond in any particular case or request. Cairnstack Software reserves the right to seek reimbursement for the costs associated with responding to law enforcement data requests, where appropriate.
User Notice Policy
Cairnstack Software' LLCs policy is to notify customers of requests for their information and provide them with an opportunity to object to the disclosure 7-10 days prior to production, unless such notification is prohibited by law. Cairnstack Software may shorten the notice period in its discretion, but generally only does so in emergency situations. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other process that specifically prohibits customer notification, such as an order issued under 18 U.S.C. § 2705(b).
Serving a Valid Law Enforcement Request & Contact Information
Email Address for Law Enforcement Questions and to Send Legal Process:
Mailing Address for Law Enforcement Requests:
Cairnstack Software LLC.
Attn: Legal Department
7800 S. Elati St. Suite 205
Littleton, CO, 80120
While we agree to accept service of law enforcement requests by these methods, neither Cairnstack Software nor our customers waive any legal rights based on this accommodation.
Each request must include contact information for the authorized law enforcement agency official submitting the request, including:
Requesting agency name
Requesting agent name and badge/identification number
Requesting agent employer-issued email address
Requesting agent phone contact, including any extension
Requesting agent mailing address (P.O. Box will not be accepted)
Requested response date (see details below for emergency requests)
Please note that requests seeking testimony must be personally served on our registered agent for service of process. We do not accept such requests in person or via email.
Available Cairnstack Software Customer Information
Cairnstack Software offers a variety of software tools on its platform that contain Customer Information. In addition, Cairnstack Software maintains certain Customer Information in internal systems as a matter of regular business processes. Cairnstack Software will review and respond to requests for Customer Information pursuant to a valid, enforceable government request, court order and/or warrant, depending on the type of information requested.
The categories of Customer Information that may be available for law enforcement requests seeking basic customer account information, include, for example: email address, name, phone number, screen name, instant messenger ID and/or billing contact information (in connection with paid accounts). Additional information regarding IP addresses, Geo-locations, transnational records and other customer records may be available.
The categories of Customer Information that may be available to law enforcement requestors depends on which Cairnstack Software product is used by the customer about whom law enforcement seeks information. We encourage law enforcement officials making a request for Cairnstack Software Customer Information to review our product descriptions before preparing legal process and submitting your request, order or warrant.
Law Enforcement Preservation Requests
Cairnstack Software will preserve Customer Information for 90 days upon receipt of a valid law enforcement request. Cairnstack Software will preserve information for an additional 90-day period upon receipt of a valid request to extend the preservation. If Cairnstack Software does not receive formal legal process for the preserved information before the end of the preservation period, the preserved information may be deleted when the preservation period expires.
Preservation requests must be sent on official law enforcement letterhead, signed by a law enforcement official, and must include:
The relevant account information identified below for the customer whose information is requested to be preserved;
A valid return email address; and
A statement that steps are being taken to obtain a court order or other legal process for the data sought to be preserved.
Preservation requests may be sent to the contact information (mailing address or email account) provided, above.
How to Request Cairnstack Software Customer Information
When requesting Customer Information, law enforcement requestors should provide as much of the following information as is available. Providing the following identifying information will facilitate Cairnstack Software's ability to respond in an effective and timely manner:
Basic Customer Account Information (Cairnstack Software systems): Username, email address, URL, Support Entitlement Number (SEN)
Customer Information involving Cairnstack Software products:
International Law Enforcement Requests
U.S. law authorizes Cairnstack Software to respond to requests for Customer Information from foreign law enforcement agencies that are issued via a U.S. court either by way of a Mutual Legal Assistance Treaty (MLAT) request or letter rogatory. It is our policy to respond to such U.S. court-ordered requests when properly served. Cairnstack Software will evaluate emergency requests from foreign law enforcement on a case-by-case basis, consistent with U.S. law and the laws of other countries, if applicable. Emergency requests may be submitted directly to Cairnstack Software via the procedure described below.
Cairnstack Software evaluates emergency requests on a case-by-case basis. If you provide information that gives us a good faith belief that there is an emergency involving imminent danger of death or serious physical injury to any person, we may provide information necessary to prevent that harm if we are in a position to do so, consistent with applicable law.
Emergency requests may be submitted via email to email@example.com with the subject line: “Emergency Disclosure Request”.
Sharing with affiliated companies
Cairnstack Software companies: We share information we have about you with other Cairnstack Software corporate affiliates in order to operate and improve products and services and to offer other Cairnstack Software affiliated services to you.
How we store and secure the information we collect
Information storage and security
We use data hosting service providers in the United States to host the information we collect, and we use technical measures to secure your data. For more information on where we store your information, please see our Cloud hosting infrastructure page.
While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.
At Cairnstack Software LLC our servers and data centers use SSL to prevent interception of data transmitted over networks and to restrict access to the databases and other storage points used.
How long we keep information
How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information or, if this is not possible (for example, because the information has been stored in backup archives), then we will securely store your information and isolate it from any further use until deletion is possible.
Account information: We retain your account information for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you. Customers who track controlled or regulated products can elect to purchase an archival license for as long as necessary to comply with third party compliance. For example, FDA, USDA, Article 18 of Regulation (EC) No 178/2002, etc.
Information you share on the Services: If your account is deactivated or disabled, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services. For example, we continue to display messages you sent to the users that received them and continue to display content you provided.
Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account. For more information, see "Managed accounts and administrators" above.
Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Cairnstack Software account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.
How to access and control your information
You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.
You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You can exercise some of the choices by logging into the services and using settings available within the services or your account. Where the services are administered for you by an administrator (see "Notice to End Users" below), you may need to contact your administrator to assist with your requests first. For all other requests, you may contact us as provided in the Contact Us section below to request assistance.
Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.
Access and update your information: Our Services give you the ability to access and update certain information about you from within the Service. For example, you can access your profile information from your account and search for content containing information about you using keyword searches in the service. You can update your profile information within your profile settings and modify content that contains information about you using the editing tools associated with that content.
Delete your information: Our Services and give you the ability to delete certain information about you from within the Service. For example, you can mark to be deleted content that contains information about you using the key word search and editing tools associated with that content, and you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party app, please disable the app or contact your administrator to do so.
Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, updating your email preferences within your service account settings menu, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services. You can opt out of some notification messages in your account settings.
You may be able to opt out of receiving personalized advertisements from other companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance's Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info, http://optout.networkadvertising.org/ and http://www.youronlinechoices.eu.
Turn off Cookie Controls: Relevant browser-based cookie controls are described in our Cookies & Tracking Notice.
Send "Do Not Track" Signals: Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not yet a common understanding of how to interpret the DNT signal, our Services do not currently respond to browser DNT signals. You can use the range of other tools we provide to control data collection and use, including the ability to opt out of receiving marketing from us as described above.
Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, for a nominal fee, we will provide you with an electronic file of your basic account information and the specific information requested that you create on the services you under your sole control. Such as product text or imagery data that you have manually entered or entered by the use of a 1D or 2D scanner. As an example of non-compliant export request include the statements such as “all data, my data or our organizations complete account, etc.” are not a specific requests and will not be considered or honored.
How we transfer information we collect internationally
International transfers of information we collect
We collect information globally and primarily store that information in the United States. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.
International transfers within the Cairnstack Software platforms: To facilitate our global operations, we transfer information to the United States and allow access to that information from countries in which the Cairnstack Software owned or operated companies have operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based. When we share information about you within and among Cairnstack Software corporate affiliates, we make use of standard contractual data protection clauses, which have been approved by the European Commission, and we rely on the EU-U.S. and Swiss-U.S. Privacy Shield Framework to safeguard the transfer of information we collect from the European Economic Area and Switzerland. Please see our Privacy Shield notice below for more information or contact us as provided below.
Privacy Shield Notice
Under the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, we are responsible for the processing of information about you we receive from the EU and Switzerland and onward transfers to a third party acting as an agent on our behalf. We comply with the Privacy Shield Principles for such onward transfers and remain liable in accordance with the Privacy Shield Principles if third-party agents that we engage to process such information about you on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
To learn more about the Privacy Shield Program, and to view Cairnstack Software LLC's certification, please see here www.privacyshield.gov.
We encourage you to contact us as provided below should you have a Privacy Shield-related (or general privacy-related) complaint. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily. You may also contact your local data protection authority within the European Economic Area or Switzerland (as applicable) for unresolved complaints.
Under certain conditions, more fully described on the Privacy Shield website, including when other dispute resolution procedures have been exhausted, you may invoke binding arbitration.
We are subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC).
Other important privacy information
Notice to End Users
Many of our products are intended for use by organizations. Where the services are made available to you through an organization (e.g. your employer), that organization is the administrator of the services and is responsible for the accounts and/or service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the services is subject to that organization's policies. We are not responsible for the privacy or security practices of an administrator's organization, which may be different than this policy.
Administrators are able to:
require you to reset your account password;
restrict, suspend or terminate your access to the Services;
access information in and about your account;
access or retain information stored as part of your account;
install or uninstall third-party apps or other integrations
In some cases, administrators can also:
restrict, suspend or terminate your account access;
change the email address associated with your account;
change your information, including profile information;
restrict your ability to edit, restrict, modify or delete information
Even if the services are not currently administered to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the services at a later date. Any use will be documented appropriately if this happens.
If you do not want an administrator to be able to assert control over your account or use of the services, use your personal email address to register for or access the services. If an administrator has not already asserted control over your account or access to the services, you can update the email address associated with your account through your account settings in your profile. Once an administrator asserts control over your account or use of the services, you will no longer be able to change the email address associated with your account without administrator approval.
Please contact your organization or refer to your administrator’s organizational policies for more information.
Our policy towards children
The Services are not directed to individuals under 18. We do not knowingly collect personal information from children under 18. If we become aware that a child under 18 has provided us with personal information, we will take steps to delete such information. If you become aware that a child has provided us with personal information, please contact our support services.
Your information is controlled by Cairnstack Software LLC. If you have questions or concerns about how your information is handled, please direct your inquiry to Cairnstack Software LLC.
If you read all this text. Send us an email at with feedback on what we missed or you feel could be better defined or is excessive. We love the feedback. In return, We will send you a gift card for at least a cup of coffee for your effort. We want to ensure Cairnstack Software LLC takes legal documents and the services we provide are of top quality, reliability and ensure mutual protections to create win-win alliances.
Here's a pile of potatoes for your effort. Cheers!