Date of Last Revision: October 29, 2019
Instrument Life reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. While Instrument Life prohibits such conduct and Content on the Service, you understand and agree that Instrument Life cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You must be 13 years or older to use this Service. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like. You are responsible for maintaining the security of your account and password. Instrument Life cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account). You acknowledge that Instrument Life has no control over and no duty to take any action regarding what content you access via the Services; what affects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Instrument Life from all liability for you having acquired or not acquired content through the Services. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Instrument Life customer, employee, member, or officer will result in immediate account termination. One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Instrument Life is not responsible for account administration and internal management of the Services for you.
You and your End Users may choose to provide, post, input, submit, or otherwise make accessible to Instrument Life, data or information about you, your employees, customers, or any third party (“Data“), and Instrument Life may store such Data on your behalf, all in connection with your use of the Service. You hereby provide Instrument Life a limited non-exclusive, non-transferable license to use, upload, and store Data solely in connection with providing the Service. If you provide, post, input, submit, or otherwise make accessible to Instrument Life, data or information about an EU Citizen (i.e. Data Subject under GDPR) you expressly declare that you have garnered the necessary consent from the Data Subject before entering the information or Data into Instrument Life. You are solely responsible for garnering such consent and keeping a record thereof. You represent and warrant that (i) you own all Data or have all rights that are necessary to grant Instrument Life the licensed rights in Data under these Terms; (ii) your collection of Data has and will be in compliance with all applicable laws and regulations, including without limitation those concerning data or information privacy; and (iii) neither the Data, nor the inclusion of Data in or use of Data in connection with the Service, will infringe, misappropriate or violate any Intellectual Property Rights, or violate the privacy rights, of any third party, or result in the violation of any applicable law or regulation, including without limitation those concerning data or information privacy. As between you and Instrument Life, you retain exclusive ownership of the Data. You acknowledge and agree that you remain solely responsible and liable for the Data. You may download your Data at any time during the Term, or as otherwise set forth herein, provided you comply with these Terms and Instrument Life security requirements.
Instrument Life has no special relationship with or fiduciary duty to you. The Services, Content and Website are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Instrument Life does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
For information regarding Instrument Life’s treatment of personally identifiable information, please review Instrument Life’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.
The Service may include certain communications from Instrument Life, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
You will indemnify and hold Instrument Life, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you of any intellectual property or other right of any person or entity.
A valid credit card is required for paying accounts. Trial accounts are not required to provide a credit card number. If you initially sign up for a paid account, and you don't cancel that account within the trial number of days, you will be billed monthly starting on the concluding day of the trial date. If you cancel prior to the processing of your first invoice, you will not be charged. If you subscribe to paid plan during your free trial you will be charged at the end of the trial period to ensure that you have the first 15 days i.e. the duration of the trial period, free of cost. You will be billed for your first month or year upon completion of the trial period. The Service is billed in advance, per your choosing, on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Instrument Life does not accept any liability for such loss.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation bar at the top of the screen. The Billing screen provides a simple cancellation/close account link. Please note that account data is Not automatically removed upon cancellation as many of our customers re-activate their accounts after cancellation. We store all data permanently. In case you want your account data to be completely removed from the system, please email support@InstrumentLife.com with the request and we will have the account data removed. This information cannot be recovered once deleted. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Instrument Life, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Instrument Life service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Instrument Life reserves the right to refuse service to anyone for any reason at any time.
Instrument Life reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by emailing the changes and updating the pricing plan page on our website. Instrument Life shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All content posted on the Service must comply with U.S. copyright law. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. Instrument Life does not pre-screen Content, but Instrument Life and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Technical support is only available via email. You understand that Instrument Life uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Instrument Life, or any other Instrument Life service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Instrument Life. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) submissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Instrument Life) of other customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Instrument Life may use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise. You expressingly understand and agree that Instrument Life shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Instrument Life has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (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 service; (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 the service. The failure of Instrument Life to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the Privacy Policy shall constitute the entire agreement between you and Instrument Life and govern your use of the Service, superseding any prior agreements between you and Instrument Life (including, but not limited to, any prior versions of the Terms of Service and Privacy Policy). Questions about the Terms of Service should be sent to support@instrumentlife.com
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as survey information and/or site registrations). We may use your Personal Information to send information to you which we think may be of interest to you by email or other means; send you marketing communications relating to our business, and to improve your browsing experience by personalizing the Websites and to improve the Service.
The information we collect is not shared with or sold to other organizations for commercial purposes, except to provide products or Services you've requested, when we have your permission, or under the following circumstances: It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service of the specific application, or as otherwise required by law. We will transfer information about you if Instrument Life is acquired by or merged with another company. In this event, Instrument Life will notify you about the transfer and becoming subject to a different privacy policy. Your account manager and specific members of the technical support team that work on troubleshooting issues and provide you support, will have access to your instance of Instrument Life. Such access is provided by applying the Principle of Least Privilege and is revoked as soon as they are no longer conducting support activities for your account. Each access session is recorded in an auditable log that includes the reason for access. Please note that this privilege is used only as a last resort when there is no other way to provide you the support you require. You can revoke this access by contacting us at support@InstrumentLife.com and we will completely lock out access for the support team. In case this access is revoked, you will need to sign a support contract with Instrument Life that will include time for screen share sessions, as the support team will no longer be able to view your instance on their own.
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site's computers and stored on your computer's hard drive. Cookies are required for the use of Instrument Life Services. We use cookies to record current session information, but do not require permanent cookies. Instrument Life uses third party vendors re-marketing tracking cookies, including the Google AdWords tracking cookie. Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to our website. Remarketing could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. We store the following types of cookies:
These cookies are essential so that you can move around the website and use its features. Without these cookies services you have asked for cannot be provided.
These cookies allow the website to remember choices you make to give you better functionality and personal features.
These cookies help to improve the performance of the site. We provide each EU visitor of our website (as part of GDPR) the ability to turn off the Functional and Performance cookies. Users may also opt out of the use of the cookies by visiting the Network Advertising Initiative opt out page. http://www.networkadvertising.org/managing/opt_out.asp
We collect analytics information when you use the Service to help us improve them. We may also share anonymous data about your actions on our Websites with third-party service providers of analytics services.
Instrument Life uses third party vendors and hosting partners to provide the necessary hardware, networking, storage, and related technology required to run our Services. Instrument Life maintains the rights to the applications and databases while you retain all rights to your data. Instrument Life will not share your data unless required to do so under a court order. Instrument Life carries out regular security audits to ensure system security and confidentiality of your data.