Terms of Service
Last updated November 25, 2021
From everyone at FactorySense RFID, thank you for using our products! There are thousands of people using FactorySense products every day and we are grateful that you are one of them.
Your use of our products and services are subject to these Terms of Service. These are a binding contract between you and the Company. If you do not agree to all of the following, you may not use our Products or access our Services in any manner. These Terms of Service may be updated in the future, and a current copy will always be made available here on our website. Most changes relate to clarifying terms, but some impact new services or changes in services previously offered. We encourage you to check back to this page periodically for updates.
When we say "Services", we mean any digital product created and maintained by FactorySense. That includes our interactive website, as well as the software and firmware integrated into our Products. When we say "Products", we are referring to the physical products installed into customer environments for the purpose of RFID tracking, which includes but is not limited to: hub or gateway devices, RFID readers, antennas, cabling, RFID tags, and RFID printers.
When you use our Products and Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Products and Services over time. There may be times when we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waivoing that right or provision. These terms do contain a limitation of our liability and a limited warranty for Products and Services.
If you violate any of the terms, we may terminate your account. Please do not violate our terms.
- You are responsible for maintaining the security of your account and password, whether your sign-in is performed directly on the FactorySense website or through a third-party Single-Sign-On (SSO) provider such as Google or Okta. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security.
- You may not reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying implementaiton tools, ideas, or frameworks utilized in providing the Products and Services.
- Users are not permitted to share passwords. Each individual person will utilize his/her/their own individual FactorySense login account when interacting with the Services.
- You will not utilize the services in any manner that infringes or violates the intellectual property rights of any other parties.
- You will not utilize the Services to store any ITAR-restricted, EAR-restricted, or CUI data whatsoever.
- You will not attempt to utilize the Products or access the Services in any manner other than those provided by FactorySense, nor will you attempt to violate the security of any computer network or encryption codes.
Payments, Refunds, and Plan Changes
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, and duties.
- Payment may be made in either month-to-month or other periodic frequencies (such as annual).
- When payment is made month-to-month, you agree to maintain a current valid credit card on file and authorize us to charge the card on file at the then-current rate for the Services that have been provisioned to your account. While price changes are rare, we reserve the right to do so and provide no guarantees that pricing shall remain constant forever.
- When payment is made periodically (such as annually), the pricing for the Services shall remain fixed for the period of services that have been prepaid.
- In the event that your use of the Products and Services expands (such as by adding an additional RFID reader kit or requesting access to additional functional modules), you will be billed for the pro-rated amount of time between when the subscription was requested and your next billing period.
Cancellation and Termination
- You are free to cancel your account at any time, with at least 30 days advance notice by sending an e-mail to email@example.com. Note that only user accounts marked by you as having Administrator permissions may request cancellation.
- If you do not cancel in accordance with the above, your account will automatically be renewed for an additional period of time equal to your payment frequency. For example, if your account is month-to-month, automatic renewals willbe for subsequent one-month periods; if your payment frequency is annual, renewal will be for an additional year.
- When a Cancellation or Termination request is received, we will notify you of the date upon which the cancellation or termination shall be effective. You remain liable for payment of fees for Products and Services until the Termination Date.
- Upon the Termination Date, your access to all Products and Services shall cease. All data stored on FactorySense servers related to your account shall be removed and will not be recoverable upon or after the Termination Date. It is your responsibility to download any and all data that you desire to retain prior to the Termination Date.
- No partial-use refunds are offered. Cancellation will stop further charges and you will not be charged again. We do not prorate unused time in the last billing cycle.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Products and Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against such as human trafficking or use for illegal substance distribution, and this clause is how we exercise that stance.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any company employee or representative will result in immediate account termination.
Modifications to the Services and Prices
- We will support our Products and Services as long as your account is paid for and in good standing.
- Sometimes it becomes technically impossible or impracticable to continue a feature, or we redesign a part of our Services because we think it could be better. We reserve the right at any time to modify or discontinue, permanently or temporarily, any part of our Services without notice.
- Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record.
Uptime, Security, and Privacy
- Your use of the Products and Services is at your sole risk. We provide the Products and Services on an "as is" and "as available" basis. We do not offer Service Level Agreements (SLAs) but do take uptime of our Products and Services very seriously.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
When you use our Services, you entrust us with your data. We take
that trust to heart. You agree that we may process your data as
humans can access your data for the following reasons:
- To help you with support requests you make. We’ll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
- To safeguard FactorySense. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request applicable laws. If a non-US authority approaches FactorySense for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If FactorySense is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. This includes Amazon Web Services (AWS).
Copyright and Content Ownership
- All content posted or stored on the Services must comply with US copyright law.
- We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
- We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
- You may not modify another website so as to falsely imply that it is associated with the Products, Services, or the Company.
Features and Bugs
- We design our Products and Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Products or Services will meet your specific requirements or expectations.
- We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
Services Adaptations and API Terms
- We offer Application Program Interfaces ("APIs") for some of our Services. All use of APIs, including through a third-party product that has access to the Services, is bound by these Terms plus the following specific terms:
- You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
- Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
Choice of Law and Venue
- This agreement shall be governed by and interpreted under the internal laws of the state of Texas, U.S.A., without regard to its conflict of laws rules.
- Any action brought by any party hereto shall be brought within the State of Texas, County of Collin.
- You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
- In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.
Limited Warranty on Products
- All purchases of Products include a one-year limited warranty from the date of purchase. This includes RFID readers, cables, antennas, hub or gateway devices, and printers.
- OTHER THAN THE LIMITED WARRANTY DESCRIBED ABOVE, WE DISCLAIM AND YOU HEREBY WAIVE ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF THE COMPANY.
- Seller's liability shall be limited, at the Seller's option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller's entire obligation and liability to Customer in respect of the Products and Services, and Customer accepts the same as its entire right and sole remedy to any breach by Seller.
- IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXMEPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
- SELLER'S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS OR SERVICES TO WHICH SUCH LIABILITY RELATES.
- ANY TAMPERING, MISUSE, DISASSEMBLY, OR NEGLIGENCE IN HANDLING OR USE OF THE PRODUCTS SHALL RENDER THE WARRANTY VOID. IF AT ANY TIME CUSTOMER ATTEMPTS TO MAKE ANY INTERNAL CHANGES TO ANY OF THE COMPONENTS SUPPLIED HEREUNDER, BUYER'S WARRANTY SHALL BE RENDERED VOID.
- USE OF ANY THIRD PARTY PRODUCTS NOT DIRECTLY SUPPLIED OR AUTHORIZED BY SELLER IS STRICTLY PROHIBITED. THIS INCLUDES, BUT IS NOT LIMITED TO, RFID TAGS, RFID PRINTERS, RFID HANDHELD DEVICES, AND RFID ANTENNAS. ANY USE OF THIRD-PARTY PRODUCTS NOT DIRECTLY SUPPLIED BY SELLER SHALL RENDER BUYER'S WARRANTIES VOID.