Terms of Service
These Terms of Service (“Terms”) govern your access to and use of Pincera and related services provided by Nacsoft Technologies (“Nacsoft,” “we,” or “us”). By accessing or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization.
Definitions
Service means the Pincera platform, including the website, hosted software, associated applications, documentation, and any support we provide. Customer means the organization that has entered into an agreement with us or on whose behalf access is requested. Authorized User means an employee or contractor of Customer authorized to use the Service on Customer’s behalf. Customer Data means information submitted by or on behalf of Customer through the Service.
Access and accounts
Access to Pincera is provided under an applicable ordering document or other written agreement between Customer and Nacsoft. You are responsible for maintaining the confidentiality of account credentials, for all activity under your account, and for promptly notifying us of any unauthorized access.
Acceptable use
You agree not to:
- Use the Service in violation of applicable law or third-party rights;
- Attempt to reverse-engineer, decompile, or otherwise derive the source code of the Service, except to the extent permitted by law;
- Interfere with or disrupt the Service, including through denial-of-service attempts or the introduction of malicious code;
- Use the Service to build a competing product, to benchmark without our written consent, or to train third-party machine-learning models;
- Submit data that infringes, misappropriates, or violates the rights of others, including intellectual-property, privacy, and publicity rights.
Customer Data
As between Customer and Nacsoft, Customer owns all right, title, and interest in Customer Data. Customer grants Nacsoft a limited license to access, use, process, and transmit Customer Data solely to provide, secure, and support the Service. Nacsoft will process Customer Data in accordance with Customer’s ordering document, any applicable data-processing terms, and our Data & AI usage policy.
Fees and payment
Fees for the Service, if any, are set out in the applicable ordering document. Unless otherwise agreed, fees are non-refundable and payable in accordance with the agreed payment terms. We may suspend access for non-payment after reasonable notice.
Intellectual property
Nacsoft retains all right, title, and interest in and to the Service and all related intellectual property, including all improvements, enhancements, and derivative works. Feedback you provide may be used by us without restriction or obligation.
Confidentiality
Each party will protect the other’s Confidential Information with the same care it uses to protect its own information of a similar nature, and in no event with less than reasonable care. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without a confidentiality obligation.
Term and termination
These Terms remain in effect while you use the Service. Either party may terminate for material breach that remains uncured after reasonable notice. On termination, your right to access the Service ends. Sections that by their nature should survive termination will survive.
Warranty disclaimer
Except as expressly set out in a written agreement, the Service is provided “as is” and “as available.” To the fullest extent permitted by law, Nacsoft disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, or data, arising out of or relating to these Terms or the Service. Each party’s aggregate liability will be limited as set forth in the applicable ordering document.
Indemnification
Each party will indemnify the other against third-party claims to the extent arising from that party’s breach of these Terms, as further described in any applicable ordering document.
Governing law
These Terms are governed by the laws specified in the applicable ordering document, or, in the absence of one, by the laws of the jurisdiction in which Nacsoft Technologies is incorporated, without regard to conflict-of-laws principles.
Changes
We may revise these Terms from time to time. Material changes will be communicated through the Service or by email to Customer administrators, and will take effect as of the “Last updated” date above. Continued use of the Service after changes take effect constitutes acceptance.
Contact
Questions about these Terms can be sent to info@nacsoftech.com.