Last Updated: June 10, 2017
Effective: June 10, 2017
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHOULD NOT USE INFLECTION SERVICES OR VISIT INFLECTION WEBSITES.
You represent and warrant that you are at least 18 years of age, of legal competence to enter into this agreement, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. We reserve the right to deny, in our sole discretion, any access or use of the Services without notice for any or no reason.
You represent and warrant that all information you provide in connection with the creation of an account with Inflection (“Account”) is accurate and true. You agree that, if any information changes, you will update your Account to maintain accurate information.
When you create an Account, you must also create a Login and Password. You agree that you will not distribute your Login or Password to any other person, and you understand that you cannot authorize any other person to use your Account. You agree that you will not transfer, sub-license, sell, or assign your rights in your Account to any other person.
You are responsible for safeguarding the password and/or API keys that you use to access the Services and for any activities or actions under your account credentials. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Inflection cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
If you believe that a third party has gained access to your Account, you agree to notify us promptly by sending an email to firstname.lastname@example.org. Failure to do so may result in your account being suspended without prior notice. You expressly agree that you will be responsible for any costs arising from a data breach caused by unauthorized use of your account credentials, including, if applicable, notice to affected individuals.
Once you create an Account or otherwise provide your email address to us, you may, from time to time, receive email communications from us about your account, as well as occasional marketing emails. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided within the email. Please allow up to 10 days for your marketing communication preferences to fully take effect within our systems.
Under California Civil Code Section 1789.3, Customers who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA, 95814, or by telephone at 916.445.1254. The Services are provided by Inflection Risk Solutions, LLC, P.O. Box 391403, Omaha, NE 68139.
Subject to these Terms and any Additional Service Terms, we grant you a limited, revocable, nontransferable, nonexclusive license to access and use our Services. You agree that you will not copy, display, distribute, or resell any part of the Content or Services, in any medium, without Inflection’s prior written consent. To the extent any component of the Content or Services may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Inflection (and only pursuant to these Terms), without our express prior written consent.
In addition, you may not do any of the following while accessing or using the Services:
The restrictions outlined in this section do not apply to security researchers participating in Inflection's vulnerability coordination and bug bounty program.
You agree to adhere to the following:
We may allow users, including you, to post certain user generated content (“UGC”) to the service. We shall have the right, but not the obligation, to monitor or review any UGC at any time for any readily apparent violation of these Terms. In compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”), Inflection reserves the right to conduct a limited review of UGC for the sole purpose of identifying and rejecting UGC which violates these Terms.
You agree that you will not submit UGC which:
All right, title, interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Inflection and its licensors. Inflection is the exclusive owner of trademark rights in the GOODHIRE mark, IDENTITY.COM mark, and others. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Inflection name or any of the Inflection trademarks, logos, domain names, and other distinctive brand features, in whole or in part, except as expressly authorized by Inflection. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on Inflection, framing Content from Inflection, or creating any unauthorized derivative work.
We use third-party trademarks on Inflection websites to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and Inflection.
Any feedback, comments, or suggestions you may provide regarding Inflection Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Inflection respects the rights of copyright and trademark owners. Please contact us at email@example.com if you believe your trademark is being used in violation of the law.
For copyright issues, Inflection responds to legitimate requests under the Digital Millennium Copyright Act (“DMCA”). If you believe that allegedly infringing content is available on an Inflection website and you are authorized to act on behalf of the owner of an exclusive right in that content, you may send a notice to firstname.lastname@example.org that contains the following:
If your notice substantially complies with the above requirements, we will act to remove the allegedly infringing content. Inflection has a policy of terminating the accounts of repeat infringers users whose content is the subject of multiple DMCA notices.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
If you are a user of an Inflection Service whose content has been removed in error from one of our websites, you have the choice of sending us something called “counternotice”, or an attempt to have your content restored. Your counternotice must contain the following elements:
Our designated copyright agent for notice of alleged copyright infringement appearing on the service is:
Attn: DMCA Designated Agent
555 Twin Dolphin Drive, Suite 200
Redwood City, CA 94065
YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING ON RELIANCE ON INFORMATION FROM INFLECTION, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING COMPUTER VIRUSES) EVEN IF INFLECTION HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, INFLECTION PROVIDES THE WEBSITE, THE SERVICES, THE CONTENT, AND THE INFORMATION “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, INFLECTION SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
NO INFORMATION OR ADVICE PROVIDED ON INFLECTION WEBSITES, BY INFLECTION, OR BY INFLECTION’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
INFLECTION’S SERVICES WILL BE PERFORMED IN A PROFESSIONAL MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. INFLECTION WILL MAINTAIN AND FOLLOW REASONABLE PROCEDURES TO ASSURE THE MAXIMUM POSSIBLE ACCURACY OF THE INFORMATION CONTAINED IN EACH CONSUMER REPORT, AND INFLECTION WILL RE-VERIFY ANY DISPUTED CONSUMER REPORT WHEN YOU MAKE A REQUEST IN ACCORDANCE WITH APPLICABLE LAWS. YOU ACKNOWLEDGE, HOWEVER, THAT INFLECTION CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED BECAUSE SUCH INFORMATION IS SUBJECT TO HUMAN ERROR AND OBTAINED FROM PUBLIC RECORDS AND OTHER THIRD PARTY SOURCES THAT ARE NOT UNDER THE CONTROL OF INFLECTION AND MAY NOT ALWAYS BE ACCURATE, VALID OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFLECTION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INFLECTION EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID INFLECTION, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT INFLECTION HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Inflection, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms or your use of the Services.
We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify Inflection. You shall not settle any dispute subject to your indemnification under these Terms without written consent from Inflection.
These Terms will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. You and Inflection irrevocably agree to submit to the personal jurisdiction of, and to bring any claim, action, or proceeding in, the federal court in the Northern District of California or in state court in Santa Clara County, California.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable (directly or indirectly) for the availability of such websites or resources; the content, advertising, products, or services on or available from such websites or resources; or any damage, loss, claim, or complaint caused by, arising from, or in connection with your use of or reliance on any such content, advertising, products, or services available on or through any such website or resource. Links to such websites or resources do not imply any endorsement by Inflection of such websites or resources or the content, advertising, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Inflection's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Inflection may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the Services, the Content, and any part thereof without notice to you. Inflection shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
These Terms will remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We can suspend or terminate your access to or use of the Services, in whole or in part, at any time, immediately and without notice. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 5, and 6.
Nothing in this section shall affect Inflection’s right to change, limit, or stop the provision of the Services without prior notice, as provided above in section 6.4.
The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
From time to time, and in our sole discretion, we may revise these Terms. If the revision, in our sole discretion, is material we will notify you via an email sent to the email address associated with your account, or by means of a notice posted on this website. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Last Updated: May 30 2017
Effective: May 30, 2017
IF YOU DO NOT AGREE TO THIS POLICY, YOU SHOULD NOT PURCHASE SERVICES FROM INFLECTION.
Unless otherwise specified in a service order form executed or approved by you with respect to your purchase of Services ("Order Form"), all charges associated with your access to and use of a Service are due in full upon placing your order. Inflection's fees are exclusive of any sales taxes, and any value added taxes and other similar indirect taxes ("VAT"), applicable to its Services. In the event that Inflection's Services are subject to sales tax or VAT, then Customer shall be responsible for such taxes and, where applicable, it shall be Customer's responsibility to self-account for local VAT via a self-charging or reverse charge mechanism. If Customer purchases additional Services that are not initially set forth in any Order Form, such added Services shall be charged at Inflection's then-current rates. Failure to pay charges indicated on any Order Form within five (5) business days of our notice to you that payment is due or delinquent, or if you do not update payment information upon our request, in addition to our other remedies, we may suspend or terminate access to and use of such Service by you.
You must pay Inflection according to this Payment Policy or as otherwise specified in an Order Form. Unless another payment method is specified, you must provide Inflection with a valid credit or debit card ("Payment Method") to be kept on file, and hereby authorize Inflection to bill the Payment Method for any Services used. The terms set forth in any Order Form supersede this Payment Policy in the event of any conflict.
If you choose to enroll in Inflection's auto-billing program for invoices generated under an Order Form, you authorize Inflection to charge your stored Payment Method for any outstanding balance on the invoice due date. Failure to provide a current, valid Payment Method may result in unenrollment from auto-billing.
Without limiting any of Inflection's remedies for non-payment or late payment of fees due to Inflection, any undisputed fees which are not paid within sixty (60) days of the due date shall be subject to a late charge of one and one-half percent (1.5%) per month (18% per year) or the maximum allowed by law, whichever is less. If collection efforts are required, you must pay all costs of collection, including reasonable attorneys' fees.
Inflection may, in its sole discretion, choose to offer credits for the Services in various ways, including but not limited to, prepaid Services, coupons, promotional campaigns and referrals. Inflection reserves the right to award credits at its sole discretion. Credits have no monetary or cash value, are non-transferable, and can only be used by you to offset your subsequent payments of fees due for the applicable Service. Credits may only be applied to fees due for the Service specifically identified by Inflection when issuing the credit. To the extent that you has been provided credits, unless the instrument (including any coupon) states an earlier expiration date, these credits shall expire and no longer be redeemable twelve (12) months from the date the credit was issued.
The prices set forth in any Order Form shall be fixed for the duration of the pricing guarantee period, if any, set forth by Inflection. Upon the expiration of any fixed pricing term, Inflection may adjust the pricing of any Service from time to time and in its sole discretion, provided that Inflection shall provide you with at least sixty (60) days' prior written notice of any pricing change. If you have multiple Order Forms, the most recently signed Order Form shall apply in the event of a conflict.
The foregoing notwithstanding, in the event that Inflection's cost of providing the Services materially increases as the result of federal, state, or local laws, ordinances, or other other regulatory, administrative, or governmental acts, then Inflection may implement a surcharge subject to the following: (i) any surcharge will be generally applicable to Inflection's customers; (ii) Inflection will provide forty-five (45) days prior written notice to Customer prior to implementing any new surcharge; and (iii) any surcharge will be applied only to Services pertaining to consumers in the geographic area affected by the law, ordinance, or other regulatory, administrative, or governmental act.