Profisee Adaptive Cards Terms of Use

Please scroll down and read the following Adaptive Cards Application Terms of Use (“Agreement”) carefully. This is a legal agreement between you and Profisee Group, Inc. which provides the terms of your use of the Adaptive Cards Application (“Application”). By clicking “I Accept” or by installing and/or using the Application, you are agreeing to all of the terms and conditions stated herein. If You do not agree to these terms, do not click “agree”, and do not use the Application.  

1. Definitions:

“Profisee” refers to Profisee Group, Inc., including its subsidiaries and affiliates.  “Third Party App Store” refers to the respective offering by a third party which operates an online marketplace for distribution of applications.  “You” or “your” refers to the organization and any individual that uses the Application. “Customer Data” means any data, information or material provided or submitted by You in the course of using the Application.

2. License:

Subject to the terms, conditions and limitations stated in this Agreement, the Privacy Policy, the Profisee SaaS Subscription Agreement and the Third Party App Store  Terms of Service, as applicable, Profisee grants You a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to run the Application solely for the purpose of using the Application in accordance to the terms set forth herein. You are not permitted to use the Application for any purpose other than as expressly permitted under this Agreement. You must have the proper administrator-assigned permissions in order to access the Application. Profisee may audit Your use of the Application. You shall use the Application only in a manner consistent with this Agreement and the associated help documentation (the “Documentation”). 

3. Intellectual Property:

Profisee retains all ownership and intellectual property rights in the Application. You shall and shall ensure that others do not: (i) decompile, disassemble, or otherwise reverse engineer the Application or attempt to discover any source code or underlying ideas or algorithms of the Application; (ii) remove any identification, copyright or other notices embedded within the Application; (iii) modify or create a derivative work of the Application (except as otherwise expressly authorized by Profisee in writing); (iv) remove or export the Application in violation of applicable laws or regulations; (v) provide or make the Application available to any third party, or (vi) assign this Agreement or give or transfer the Application or an interest in them to another individual or entity.

4. Customer Data:
   By transmitting or submitting any Customer Data while using the Application, You affirm, represent and warrant that such transmission or submission is (i) accurate; (ii) not in violation of any laws, contractual restrictions or other third-party rights, and that You have permission from any third party whose information or intellectual property is included in the Customer Data; and (iii) to the extent managed by current and up-to-date application security tools, free of viruses, adware, spyware, worms or other malicious code.

   You acknowledge and agree that any of Your personal information will at all times be processed by Profisee in accordance with its Privacy Policy.

5. Limitation of Liability; Disclaimer:

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROFISEE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION AT ANY TIME. ADVICE RECEIVED VIA THE APPLICATION SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

PROFISEE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE APPLICATION, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH APPLICATION, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PROFISEE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS APPLCIATION, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROFISEE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROFISEE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.

This Section 5 extends to any claims by You, Your organization, and any of its employees, contractors, and agents.  

6. Support:

Profisee may offer support for the Application at its sole discretion. In the event Profisee provides such support via Third Party App Store, the timely availability of this support is dependent on Third Party App Store’s cooperation in due time for which Profisee is not responsible.

7. Data Protection:

You understand that Profisee will not have any information concerning the data being shared through the Application. Profisee will not collect or track any information through the Application itself. Profisee shall have no security obligations arising from Your use of the Application.

8. Term and Termination:

Profisee shall be entitled to terminate Your licenses to use the Application if You fail to comply with any of the terms of this Agreement. This Agreement terminates automatically upon termination or expiration of the Profisee SaaS Subscription Agreement between You and Profisee or the authorized Profisee reseller. In case of termination or expiration of this Agreement, You must destroy all copies of the Application. 

9. Law/Venue:

The validity, construction and performance of this Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.  The parties consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Atlanta, Georgia for all actions concerning this Agreement. 

10. Miscellaneous

This Agreement supersedes all prior or contemporaneous agreements or representations with regards to the subject matter of this Agreement. If any term of this Agreement is found to be invalid or unenforceable, the surviving provisions shall remain effective. Profisee’s failure to enforce any right or provisions stipulated in this Agreement will not constitute a waiver of such provision or any other provision of this Agreement.

11. Contact

If you have any questions or support-related issues with regards to the Application, please submit a ticket through https://support.profisee.com/.