1. Agreement
These Terms of Service (the "Terms") are an agreement between you and Strategic Evolutions Inc. ("IronProof", "we", "us"). By creating or using an IronProof account, installing the IronProof mobile app, or using useironproof.com (together, the "Service"), you agree to these Terms and to our Privacy Policy.
If you use the Service on behalf of an equipment dealer or other organization (your "Organization"), you confirm that you are authorized to bind it, and "you" includes the Organization. Where your Organization has a signed subscription agreement or order form with us, that agreement governs if it conflicts with these Terms.
2. Eligibility and accounts
The Service is for businesses in the construction, mining, forestry, paving, lifting and related heavy equipment industries, and for the people who work for them. It is not for consumers or for anyone under 18.
Accounts are created by an Organization's administrator. You are responsible for keeping your credentials confidential, for enabling only the device sign-in methods you trust, and for everything done through your account. Tell us and your administrator promptly if you believe your account has been used without authorization.
3. License and acceptable use
Subject to these Terms and payment of the applicable fees, we grant your Organization a limited, non-exclusive, non-transferable licence to use the Service for its internal business operations, and grant you a personal licence to install and use the mobile app on devices you control for that purpose.
You must not:
- resell, sublicense, rent or otherwise make the Service available to any third party, other than customers of your Organization viewing inspection reports shared with them;
- copy, modify, reverse engineer, decompile or attempt to extract the source code of the Service, except where the law expressly permits it;
- use the Service to store or transmit unlawful, infringing or harmful material, or to inspect or photograph people or property without the right to do so;
- interfere with the Service's operation or security, probe or test it without our written permission, or access it by any means other than the interfaces we provide;
- use the Service to build a competing product.
4. Your data and inspection records
Inspection records created with the Service — photos, video, audio, signatures, checklist answers, readings, notes and location — and the machine, customer and account data your Organization provides (together, "Customer Data") belong to your Organization. We claim no ownership of Customer Data.
Your Organization grants us a licence to host, process, transmit, display and back up Customer Data as needed to provide the Service, to write it to the dealer management, fleet or telematics systems your Organization connects, and to support your Organization. We may use aggregated, de-identified data derived from use of the Service to operate and improve it.
Your Organization is responsible for the accuracy and lawfulness of Customer Data, for having the right to capture it (including any photographs of people or third-party property), and for its own retention obligations. The Privacy Policy describes how personal information within Customer Data is handled.
5. Mobile app
The mobile app is licensed, not sold. It uses the camera, microphone, photo library, location and device sign-in features only with the permissions you grant, as described in the Privacy Policy. Inspections captured while offline are stored on the device until they upload; you are responsible for keeping the device secure until then.
If you downloaded the app from the Apple App Store or Google Play, their terms also apply to your use of the app, and those stores are not responsible for the Service or for supporting it.
6. Subscription and fees
The Service is subscribed by the Organization, by module, and billed monthly in advance unless an order form says otherwise. Subscriptions may be sold and invoiced by Vizybility Inc., our United States sales affiliate, on our behalf.
Fees are due before each billing period starts and are non-refundable unless we agree otherwise in writing. Adding or removing a module takes effect at the next billing period. Fees exclude taxes, which your Organization pays where applicable. We may change fees on at least 30 days' notice, effective from the next billing period.
7. Integrations and third-party services
The Service can exchange data with dealer management systems, fleet systems and telematics providers your Organization chooses to connect. Those systems are governed by their own terms, and we are not responsible for their availability, accuracy or handling of data once it leaves the Service. The Service also relies on providers named in the Privacy Policy, such as Microsoft Azure and Google Maps.
8. Intellectual property
We and our licensors own the Service, including its software, templates, documentation, designs, trademarks and the IronProof name and logo. Except for the licences expressly granted in these Terms, no rights are granted to you. If you send us suggestions about the Service, we may use them without obligation to you.
9. Term, suspension and termination
Your Organization may cancel its subscription at any time, effective at the end of the current billing period. We may suspend or terminate access for non-payment, for a breach of these Terms that is not cured within 10 days of notice, or immediately for a breach that threatens the security or integrity of the Service or other customers.
After termination, Customer Data remains available for export for 30 days, after which we may delete it, except where we must keep it to meet a legal obligation. Sections 4, 8 and 10 to 14 survive termination.
10. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not promise that the Service will be error-free or uninterrupted, or that inspection records will satisfy any particular legal, insurance or contractual standard. Inspection findings are the judgement of the person performing the inspection; the Service records them and does not replace qualified technical assessment.
11. Limitation of liability
To the fullest extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, however caused. Our total liability arising out of or relating to the Service is limited to the fees your Organization paid us for the Service in the 3 months before the event giving rise to the claim. These limits do not apply to a party's liability for gross negligence, wilful misconduct, or anything that cannot be limited by law.
12. Indemnity
Your Organization will defend and indemnify us against third-party claims arising from Customer Data, from use of the Service in breach of these Terms, or from inspections or photographs your Organization or its users had no right to make.
13. Changes to the Service and to these Terms
We improve the Service continually and may add, change or retire features. We may update these Terms; for material changes we will notify your Organization by email at least 30 days before they take effect. Continued use of the Service after that date is acceptance of the updated Terms.
14. Governing law and general
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict-of-law rules, and the parties submit to the exclusive jurisdiction of the courts of Ontario, Canada. If any provision is unenforceable, the rest remain in effect. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all of its business. These Terms and any signed agreement between us are the entire agreement about the Service.
15. Contact
Questions about these Terms: support@vizybility.net.