Terms of Service

Usage of Check In Systems Inc. software and/or website shall constitute agreement with the following;

  • You understand that you have the right to terminate this agreement at any time.

Definitions

Subscriber shall mean the party by which payment was made to Check In Systems Inc. for the purpose of software usage.

End-User shall mean any person accessing Check In Systems Inc software and/or subscriber's data.

System shall mean the services and software provided by Check In Systems Inc.

General

As a subscriber, you take responsibility for the access of end-users. You have the ability to assign and revoke access to the system and therefore take full responsibility and full liability of those you have given access to the system.

As an end-user of Check In Systems Inc software, you shall not use or allow use of the system or data for any known illegal purpose. Upon discovery of a known illegal purpose of system or data, you will immediately notify Check In Systems Inc. by email or direct phone call.

The subscriber shall have the right to download and backup any and all data stored as long as the paid subscription is valid. The subscriber and end-user have the ability to destroy data at will, therefore the subscriber and end-user shall hold Check In Systems Inc and it’s employees, executives, and associates harmless from any and all damages caused by the subscriber's data loss regardless of how or why the data was lost.

Our service is available 24 x 7 x 365. With the exception of maintenance updates, our systems remain online 24 hours everyday of the year. Maintenance and updates are inevitable and may require minimal downtime. Updates, security patches and code maintenance are all included in the subscription. Updates are normally scheduled between 10 pm and 4 am EST and may cause minor downtime. In the event an emergency fix is needed, Check In Systems, without notice, will repair what is necessary to protect data, code and performance at no cost to the subscriber. Downtime for updates, maintenance or emergencies shall not constitute loss on behalf of the subscriber.

The system is a SAAS (software as a Service) that is subject to internet availability. It is not uncommon for our systems to be subjected to outside interference such as carrier downtime, hosting facility interruptions or other interruptions not controlled by Check In Systems. Although we do our best to avoid any downtime and we have recovery procedures for extended outages, any outage caused by an outside vendor or source shall not constitute loss on the part of the user or subscriber. Termination or non-use of the software does not entitle any party to a refund of any portion of fees paid. In exchange for usage of this software, you agree not to pursue legal remedy against Check In Systems Inc., it’s employees, executives and associates from any and all claims or damages.

This agreement may be updated at times. Check In Systems will make this agreement available online at the login page of the software. It is the responsibility of the subscriber to review the agreement regularly. Notification of change will be posted at the login page. This agreement shall immediately replace any and all agreements between the parties. Any previous agreement is hereby terminated and nullified.

Data Ownership

All data created, stored or destroyed shall remain the property of the subscriber and shall not be shared or used by any other party other than to support the subscriber and their end users unless subscriber has given specific permission.

Privacy

The use of Check In Systems software requires the use of cookies. These cookies are used for authentication and to remember basic settings. As a user of Check In Systems software, you agree to the use of these cookies for the purpose of accessing the software and website.

Check In Systems Inc does not share, distribute or sell personal information collected via cookies, statistics or other methods. Customer information including contacts, addresses, phone numbers, or user names will not be shared, distributed or sold.

Access to subscriber's data by Check In Systems is restricted to necessary actions to support, update or perform a function requested by the subcriber or it's end-users or as necessary to comply with legal requirements.

Software Subscription

The software subscription is a payment for use of the software and support. No contract outside of these terms is agreed or implied. Upon payment, Check In Systems Inc. will extend the subscription for one year or as apprpriate for payment. The software will remain available until termination by notice or expiration. Upon termination, regardless of reason, no refund or credit will be due.

Termination

Subscriber may terminate this agreement at anytime understanding that access to the system will be terminated and all data of the subscriber will be destroyed. Check In Systems Inc. may terminate this agreement for non-payment whereby access to the system will be terminated and all data of the subscriber will be destroyed.

Disclaimer and Limits

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE PAID FOR ANY GOODS, SERVICES OR INFORMATION.