Terms & Conditions
These Terms and Conditions (these “Terms”) apply to all Access to and/or use of the App, and constitute an agreement between Austin Sigma, Inc., a Texas corporation (“Austin Sigma”), and each individual or entity that Accesses the iOS application commonly referred to as “ExtraSecure” (each, a “User”). By Accessing the App, User expressly agrees that it has read, understands, and agrees to be bound by these Terms.
ARTICLE I: UPDATES TO TERMS
The User expressly agrees that Austin Sigma may, at any time, and from time to time, modify, amend, supplement, or replace these Terms, in its sole discretion, and a User’s subsequent Access of the App shall constitute such User’s agreement to the modified, amended, supplemented, or replaced Terms. A User’s sole and exclusive remedy for disagreeing with changes to these Terms shall be the immediate cessation of Access to or use of the App.
ARTICLE II: PERMITTED USE OF APP
2.01 – Grant of License: Austin Sigma hereby grants to User a personal, non-exclusive and non-transferable license to Access and receive the App on User’s mobile device, and use the Documentation, including but not limited to Access to the App via any computer device (including mobile devices and tablets) as Austin Sigma may permit from time to time. This license may be revoked by Austin Sigma at any time, in its sole discretion, if Austin Sigma reasonably believes that User has violated these Terms.
2.02 – Changes: At any time, and from time to time, Austin Sigma may make updates, enhancements, or other modifications to the App by adding or subtracting functionality, in its sole discretion. Austin Sigma may provide such updates, enhancements, or modifications to User at no cost; or, in Austin Sigma’s sole discretion, Austin Sigma may provide such updates, enhancements, or modifications to User for a separate fee, as determined by Austin Sigma in its sole discretion.
2.03 – Limitation on Access: This license grants User the right to use the App on only one tablet or mobile device. User shall not copy, download, or create a mirror of any component of the App. User shall not use the App on more than one tablet or mobile device, without purchasing a separate license for each instance.
2.04 – Access Control:
(a) User may create its own Credentials for purposes of Accessing the App. User hereby accepts full responsibility for, and shall be liable for, all Access to the App in connection with its Credentials, any and all damages caused by Unauthorized Access using its Credentials, and all expenses or damages incurred by Austin Sigma in maintaining the security of User’s Credentials, including but not limited to resetting a password or dealing with or preventing Unauthorized Access. User shall Access the App only using its own Credentials, and shall not use the Credentials of any other individual or entity. User shall be responsible for the confidentiality and maintenance of its Credentials.
(b) Upon creation of User’s account, User shall be assigned an encryption key for purposes of securing User’s Credentials and User Content. its own Credentials for purposes of Accessing the App. User hereby accepts full responsibility for the security of such encryption key, and acknowledges and agrees that Austin Sigma may not retrieve, access, or duplicate such encryption key in the event it is misplaced or deleted. User accepts the risk of loss of all User Content in the event User’s encryption key is misplaced or deleted.
(c) User agrees to immediately notify Austin Sigma of any unauthorized use of the User’s name or Credentials or any other breach of security. Austin Sigma will not be liable for any loss or damage arising from any User’s failure to comply with this Section.
2.05 – Back-Up: Austin Sigma may, from time to time, perform routine back-up of Data within the App, including User Content, using commercially reasonable measures. Austin Sigma may keep and/or dispose of such back-ups in its sole discretion. Austin Sigma’s maintenance of any back-ups are solely for its own use, and Austin Sigma does not guarantee that any Data will be preserved and/or maintained for any period of time, nor does Austin Sigma agree to permit the use of such backups for User’s convenience.
2.06 – Security, Risk of Loss, and Inaccuracies: User assumes the risk of loss to all Data within the App.
(a) Although Austin Sigma attempts to ensure that the App does not corrupt, delete, or otherwise modify any Data stored in or processed by the App, User acknowledges and agrees that the User Content may contain errors, inaccuracies, and omissions. User further assumes any and all risk of loss, harm, or damage associated with Access to the App and all Third Party Content. Without limiting the foregoing, User acknowledges and User accepts the sole responsibility of utilizing any information derived from the App.
(b) Austin Sigma shall take commercially reasonable measures to ensure the security of the App and all User Content. Notwithstanding the foregoing, User acknowledges and agrees that there is a risk that the App and/or the User Content may be hacked, modified, altered, copied, deleted, transferred, or Accessed by third parties, including Unauthorized Users, without User’s consent. User agrees to indemnify, defend, and hold Austin Sigma harmless from and against any liability that Austin Sigma may incur relating to such Unauthorized Access.
2.07 – Support: Austin Sigma may provide email, telephone, and other technical support for the App, upon request by any User (collectively, “Support”) as Austin Sigma determines to provide, in its sole discretion. Austin Sigma may charge fees for Support, as detailed below. Austin Sigma reserves the right to discontinue providing any Support, or any levels of Support, at any time, in its sole discretion.
ARTICLE III: MODULES AND USER CONTENT
3.01 – Modules: User’s license of the App includes the base Modules identified by Austin Sigma from time to time. Austin Sigma may permit User to add one or more Modules, on an a la carte basis, to the license of the App. Such additional Modules, if any, may be offered free of charge or at a per-Module price, which Austin Sigma may adjust in its sole discretion. User may not Access any Modules that are not included in User’s license without Austin Sigma’s consent. From time to time, User and Austin Sigma may modify the scope of User’s license of the App by adding or subtracting Modules from the App (provided, however, that the base Modules may not be removed from User’s license). Austin Sigma reserves the right, at any time, to: (a) change the base Modules that are included in the App, (b) change the price charged for any Module, (c) discontinue Support for any Module, (d) discontinue developing or enhancing any Module, and/or (e) discontinue any Module’s compatibility with the App.
3.02 – User Content: User may input, retrieve, and modify User Content in connection with the App and/or any one or more Modules. User shall not modify any Data or information contained within the App and/or any Module except User Content. User represents and warrants to Austin Sigma that it has the full right, title, and authority to view, use, and/or transmit through the App any content, material, or intellectual property incorporated into any User Content, including but not limited to attachments. This representation and warranty shall survive expiration of these Terms.
3.03 – User Input: User Input shall be the sole and exclusive property of Austin Sigma and Austin Sigma shall own all of the rights, title and interests to such User Input, including but not limited to any and all copyrights, patents and trade secrets related thereto. Austin Sigma reserves the right to sell, pursue, duplicate, alter, or otherwise modify any User Input, in its sole discretion.
3.04 – Excessive Usage: Austin Sigma reserves the right to limit the User Content that User Accesses through the App, based on unusual usage patterns, excessive usage (calculated in terms of volume of storage, frequency of access, or other metrics determined by Austin Sigma in its reasonable discretion), and/or limitations in Austin Sigma’s infrastructure. Such limiting may include, but is not limited to, throttling the speed of Access to the App, and rationing resources allocated to User.
3.05 – Availability: Evolver will use commercially reasonable efforts to ensure the continued functionality and operability of the App. In the event that the User is unable to Access the App and/or any User Content for a material length of time, Austin Sigma may determine, in its sole discretion, to provide User with a service credit for such period of unavailability. Service credits provided by Austin Sigma shall be automatically applied to User’s account, and may be calculated based on the proportion of the affected month during which the App was unavailable to User. Service credits provided under this Section shall take the form of a credit against future license fees, and are not refundable to User, even if User terminates its account prior to receipt or use of the service credits.
ARTICLE IV: TERM OF LICENSE
4.01 – Term and Renewal: The term of User’s license of the App shall begin on the date User installs the App on User’s mobile device or tablet, and shall continue for a period of 30 days. Unless User’s license has been terminated, as provided in these Terms, User’s license shall automatically renew for successive 30 day periods, provided that User has (a) prepaid the license fee, or otherwise has sufficient credit in User’s account to cover the license fee, for the subsequent 30-day period, or (b) pre-authorized Austin Sigma to charge User’s account for the license fee for the subsequent 30-day period. In the event that User does not pay for the subsequent 30-day license period, through insufficient credit in User’s account or otherwise, or in the event that User’s payment information is incorrect or rejected by the appropriate processor, User’s license and right of Access to the App shall terminate at the end of the then-current license term. If User’s payment for a 30-day period is rejected or otherwise made invalid after such 30-day period has begun, User’s license and right of Access to the App shall immediately terminate.
4.02 – Suspension/Deactivation: Austin Sigma may suspend, terminate, or block access to all or any part of the App, the Documentation, and/or the Web Site (including but not limited to disabling and denying User’s Credentials) if (a) Austin Sigma has reasonable cause to believe that User has violated these Terms; or (b) Austin Sigma reasonably determines that User’s continued Access to the App will lead to corruption, loss, or a violation of the confidentiality, of User’s, Austin Sigma’s, or a third party’s information. Upon termination of User’s Access to the App for any reason, Austin Sigma may retain, archive, remove, migrate, destroy, or convert (as the case may be) all User Content in its possession or stored in the App.
4.03 – Destruction of Content: Austin Sigma reserves the right to delete any and all User Content in the App after a sufficient period of inactivity by User, or after termination of User’s Access to the App, or as a result of User’s violation of these Terms, in Austin Sigma’s sole discretion.
ARTICLE V: PAYMENT
5.01 – License Fees: Austin Sigma shall charge User fees for the license of and Access to the App. All fees, both in dollar amounts and length of license, shall be in accordance with Austin Sigma’s standard pricing schedule in effect as of the date User first licenses the App (or, in the event of a renewal, on the date of such renewal). In the event that, at the time of any renewal, Austin Sigma has discontinued the pricing or package previously licensed by User, this license will renew at a package level that most closely corresponds with the package previously licensed by User, in Austin Sigma’s sole discretion. Austin Sigma reserves the right to offer discounts or promotions at any time, and/or to modify its pricing schedule between renewals.
5.02 – Support/Training Fees: Austin Sigma may, in its sole discretion, charge User fees for Support and/or training in connection with User’s Access to the App. Support and/or training may be charged on a fixed or hourly basis, at Austin Sigma’s then-current rates.
5.03 – Payment Terms: All fees and charges payable hereunder shall be paid in advance.
5.04 – Trial Periods: Austin Sigma may, from time to time, permit User to license the App on a free, discounted, promotional, “trial”, or other basis that differs from Austin Sigma’s standard pricing schedule. Upon expiration of such period, the term of User’s license shall automatically renew in accordance with Section 4.01, and the renewal term shall be in accordance with Austin Sigma’s standard pricing schedule in effect as of the date of renewal.
5.05 – Modification of Fees: Austin Sigma reserves the right to increase or decrease its fees at any time, and from time to time, in its sole discretion. Any modification of fees shall be prospective only, and shall not subject a User to additional charges for a license already purchased, or entitle User to any refund of previously paid fees.
5.06 – Taxes: User shall pay any and all applicable taxes relating to these Terms and its use of the App and/or any Support, including local and state excise, sales, privilege, storage, use delivery, or consumption taxes. User shall additionally be solely responsible for the collection and payment of any state or local sales tax associated with sales made using the App, and agrees to indemnify, defend, and hold Austin Sigma harmless from and against any liability that Austin Sigma may incur relating to such tax.
5.07 – Termination of License: In the event that User’s license of and/or Access to the App and/or any Module is terminated for any reason, Austin Sigma shall retain all amounts paid by User before the date of such termination, including any pre-payments, and User shall not be entitled to any refund. User specifically agrees that all fees and charges payable hereunder shall be deemed fully earned by Austin Sigma upon receipt.
5.08 – Payment Obligations: Termination of these Terms shall not relieve User from any payment obligation under these Terms. All payment obligations of User under these Terms shall survive termination and cancellation of these Terms.
5.09 – Chargeback Policy: In the event of a reversal of a credit or debit card charge made by User, as a result of a chargeback or dispute initiated by User, User shall be liable to Austin Sigma for the full amount of the charged back or disputed fees, plus all costs and expenses incurred by Austin Sigma in collecting such amounts, including attorney’s fees and collection costs. User acknowledges and agrees that in the event of any legitimate dispute regarding charges made by Austin Sigma, User shall resolve such matter with Austin Sigma directly. User is expressly forbidden from charging back or disputing valid credit or debit card charges in order to recover license fees owing to Austin Sigma hereunder.
ARTICLE VI: USER RESTRICTIONS
6.01 – Authorized Use: User shall prevent Unauthorized Users from Accessing the App, and User shall prevent Unauthorized Access to the App.
6.02 – Competing Business or App: User shall not purchase a license, gain Access, modify, or use the App or any materials incident thereto to operate or develop a business or App similar to Austin Sigma and/or the App, or to develop any software, applications, web sites, or other items that are similar to any Modules or other components of the App, without the prior written consent of Austin Sigma.
6.03 – Lawful Purpose: User represents and warrants that its Access to the App shall not violate any contract, statute, rule, regulation, or other obligation under which User is bound. User represents and warrants that it shall not Access the App to conduct or solicit the performance of any business or activity that is tortious or prohibited by law.
6.04 – Third-Party Complaints: Notwithstanding anything else herein to the contrary, in the event that Austin Sigma receives notice from a third party challenging User’s use of the App, Austin Sigma shall have the right to, without prior notice to User, disable, suspend, terminate, or deny access to the App, and/or immediately terminate User’s license of the App.
6.05 – Export Assurance: User shall not disclose, export, distribute, or transfer any part of the App to any third-party located in any country other than the United States. User shall not perform any act involving the App which is in conflict with or in violation of the export laws or regulations of the United States.
6.06 – Accurate Information: User represents and warrants that any and all information provided by it in connection with these Terms and the App, including but not limited to any User Content and information provided to Austin Sigma by User, are true, accurate, complete, and current.
6.07 – Indemnification: User shall indemnify, defend, and hold Austin Sigma harmless from and against any and all claims, liability, losses, damages, or expenses (including all attorneys’ fees and expenses) incurred by Austin Sigma resulting directly or indirectly from: (a) User’s use of or Access to the App; (b) any breach of these Terms by User; (c) User’s transmission of information through the App, and (d) any User Content. This provision shall survive the termination of these Terms.
ARTICLE VII: WARRANTIES AND LIABILITY
7.01 – EXCLUSION OF WARRANTIES: AUSTIN SIGMA MAKES NO WARRANTIES WITH RESPECT TO THE APP OR ANY COMPONENT THEREOF, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. AUSTIN SIGMA HEREBY DISCLAIMS AND USER HEREBY WAIVES ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE APP AND ALL COMPONENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. USER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM OR THE ACCURACY OR RELIABILITY OF THE APP.
USER’S SOLE REMEDY, IN THE EVENT USER IS DISSATISFIED WITH THE APP IN ANY RESPECT, IS TO TERMINATE THIS LICENSE AND TO NOT RENEW OR CONTINUE ACCESSING THE APP. USER’S FAILURE TO TERMINATE THIS LICENSE, USER’S RENEWAL OF THIS LICENSE, AND/OR USER’S CONTINUED ACCESS OF THE APP SHALL CONCLUSIVELY EVIDENCE USER’S ACCEPTANCE OF THE APP.
7.02 – Limitation of Damages: Austin Sigma shall not be liable to User under these Terms for (a) any consequential, exemplary, incidental, lost profits, lost expenses, or punitive damages, regardless of whether Austin Sigma has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable; (b) the use, performance, or operation of the internet or User’s mobile device or tablet by User; (c) loss of the App or any component thereof (including but not limited to User Content or any Data), regardless of the form of action, whether in contract or tort, including negligence, regardless of whether Austin Sigma has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable; (d) any failure to connect to or Access the App, for any reason whatsoever; or (e) any contracts or agreements entered into between User and any third party, whether or not such agreement was based on information provided through the App, arranged through the App, or otherwise, it being agreed that User is solely responsible for any and all agreements between itself and third parties. Any damages owed by Austin Sigma to User under any circumstances shall be strictly limited to the amount User has paid Austin Sigma over the previous twelve (12) month period in connection with User’s Access to and use of the App.
7.03 – Force Majeure: Austin Sigma shall not be liable to User for failing to perform its obligations under these Terms because of circumstances beyond the control of Austin Sigma. Such circumstances shall include, but not be limited to, any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, riot, sabotage, dispute or differences with workmen, power failure, acts of God, terrorism, or any events reasonably beyond the control of Austin Sigma.
7.04 – Waiver of Warranties: User hereby acknowledges and agrees that Austin Sigma and any officers, employees, agents, directors, and independent contractors of Austin Sigma have not made or granted to User any express warranties concerning the App.
7.05 – Third Party Content: User hereby acknowledges and agrees that Austin Sigma may incorporate, link to, or integrate Third Party Content into the App, and that Austin Sigma makes no warranties of any kind, express or implied, with respect to such Third Party Content. All Third Party Content is provided to User “As Is”, and with all faults, and User acknowledges and accepts the risk of Accessing such Third Party Content.
ARTICLE VIII: INTELLECTUAL PROPERTY
8.01 – Ownership and Title: Title to the App, including ownership rights to associated report formats, screen displays, menu features, source code, patents, copyrights, trademarks and trade secrets therein shall be the exclusive property of Austin Sigma.
8.02 – Confidential Information: User shall not disclose Confidential Information except to Authorized Persons. User shall hold Confidential Information in strict confidence and shall not duplicate, use or disclose Confidential Information except as permitted under these Terms.
8.03 – Trade Secrets: User hereby acknowledges and agrees that the Confidential Information derives independent economic value (actual or potential) from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; are the subject of reasonable efforts under the circumstance to maintain their secrecy; and are trade secrets of Austin Sigma. This Section shall survive the termination of these Terms.
8.04 – Reverse Engineering: User shall not disassemble, decompile or otherwise reverse engineer the App, or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the App (except and only to the extent this clause is expressly prohibited by applicable law); remove any names, designations, trademarks or notices from the App; or allow any third party to do any of the foregoing.
8.05 – Copies: User shall not copy any portion of the App or the Documentation without the prior written consent of Austin Sigma. Austin Sigma may make back-up copies of identified portions of the User Content available to User if, in Austin Sigma’s sole discretion, such back-ups are necessary for User’s use of the App.
8.06 – Modifications and Advancements: User shall not modify any portion of the App, including but not limited to the source code of the App, without the prior written consent of Austin Sigma. Austin Sigma shall not be required to update or modify any part of the App. Any and all Advancements shall be and become the property of Austin Sigma, without compensation to User, whether or not such Advancements are created by Austin Sigma, by User, and/or are the result of any suggestions, recommendations, or requests from User. Austin Sigma shall have the right, but not the obligation, to prepare, file, and prosecute both domestic and foreign patent applications on any such Advancements which appear to be patentable, and shall bear all costs thereof. User shall cooperate, to the extent reasonably requested by Austin Sigma, in securing data and signatures to enable the prompt filing and prosecution of patent applications on such Advancements.
8.07 – No Contest: User shall not contest or aid in contesting the ownership or validity of the trademarks, service marks, trade secrets, or copyrights of Austin Sigma, including but not limited to those relating to the App.
8.08 – License of User Content: Solely for the purpose of User’s Access to the App, User hereby grants to Austin Sigma a royaltyfree right to access, store, reproduce, display, handle, perform, transmit, test, or otherwise use all User Content. By providing User Content to Austin Sigma, User warrants that: (a) it has a good faith belief that Austin Sigma may access, store, reproduce, display, handle, perform, transmit, test or otherwise use such materials consistent with all applicable laws, regulations, and statutes, including but not limited to the Health Insurance Portability and Accountability Act of 1996 and the GrammLeach-Bliley Act; and (b) the provision of such information or materials does not conflict with or result in a breach or default of any term or provision of any agreement, obligation or duty to which User is a party or is bound.
8.09 – Continuation: The terms and provisions of this Article shall survive termination and cancellation of these Terms.
ARTICLE IX: MISCELLANEOUS
9.01 – Assignments: All assignments of rights under these Terms by User without the prior written consent of Austin Sigma shall be void. Austin Sigma reserves the right to assign all of its rights under these Terms, and all User Content, to any individual or entity designated by Austin Sigma.
9.02 – Entire Terms: These Terms contain the entire understanding of the parties concerning the subject matter hereof.
9.03 – Amendments and Modifications: These Terms may only be amended, altered, or modified with the written consent of Austin Sigma. Austin Sigma may alter, amend, or modify these Terms upon written notice to User. Any oral amendment, alteration, or modification shall be void.
9.04 – Severability: If any provision of these Terms are rendered invalid, the remaining provisions shall remain in full force and effect.
9.05 – Captions: The headings and captions of these Terms are inserted for reference convenience only and do not define, limit or describe the scope or intent of these Terms or any particular section, paragraph, or provision.
9.06– Governing Law: These Terms are governed by the laws of the State of Texas. User hereby consents to the exclusive jurisdiction and venue of courts in Harris County, Texas in all disputes arising out of or relating to these Terms.
9.07 – Waiver: Waiver of breach of these Terms shall not constitute waiver of another breach. Failure to enforce a provision of these Terms shall not constitute a waiver or create an estoppel from enforcing such provision.
9.08 – Relationship of the Parties: It is agreed that the relationship of the parties is that of licensor and licensee. Nothing herein shall be construed as creating a partnership, an employment relationship, a joint venture, or an agency relationship between the parties, or as authorizing either party to act as agent for the other. User is permitted to use the Austin Sigma name only for the purposes of utilizing the App, as provided herein. User has no right to use the Austin Sigma name, logo, trademarks, or other intellectual property for any other purpose. User will not suggest to any other User or to any other third party that User is acting on behalf of Austin Sigma or that Austin Sigma has approved of or endorses its products or Apps.
ARTICLE X: DEFINITIONS
In addition to the terms defined elsewhere in these Terms, the following terms shall have the following meanings:
(1) Access: The term “access” and variants thereof (including, without limitation, “Accessing” and “Accessible”) shall mean to store data in, retrieve data from, or otherwise approach or make use of (directly or indirectly) through electronic means or otherwise.
(2) Advancements: The term “Advancements” shall include all modifications, improvements, additions, or variations to the App, the Documentation, and/or the Web Site, including but not limited to new Modules, regardless of whether such items were created, paid for, and/or inspired by Austin Sigma, User, or any third party.
(3) App: The term “App” shall mean that certain executable source code package created and maintained by Austin Sigma as the iOS application commonly known as “ExtraSecure”, including any modifications thereto, which enables an individual User the ability to manage his, her, or its email and text communications through a stand-alone customer relationship manager (CRM) tool. The term “App” includes any applications, services, Modules, scripts, and other executable packages that are part of the App.
(4) Authorized Person: The term “Authorized Person” shall mean any User and any person or organization who is authorized in writing by Austin Sigma to receive Confidential Information and who agrees to maintain the confidentiality of such Confidential Information.
(5) Confidential Information: The term “Confidential Information” shall mean these Terms, the App, the Web Site, all Documentation, any Other Terms and Conditions, and any and all other information disclosed by Austin Sigma to User which is proprietary or confidential at the time such information comes into the possession or knowledge of User and which is not: (i) already known to User; (ii) in the public domain; (iii) conveyed to User by a third party without obligations of confidentiality; (iv) released by Austin Sigma without restriction; (v) independently developed by User; or (vi) required by court order to be released by User.
(6) Credentials: The term “Credentials” shall mean any authenticating credentials (e.g. a username and password) assigned by Austin Sigma to a User, or generated by such User, for purposes of Accessing the App.
(7) Data: The term “Data” shall mean any and all data and information used, stored on or transmitted through the App, including (without limitation) all User Content.
(8) Documentation: The term “Documentation” shall mean any and all written manuals, user’s guides, tool tips, “Help” functions, and Other Terms and Conditions, as made available to User by Austin Sigma in printed or electronic form as part of, or ancillary to, the App or the Web Site.
(9) Module: The term “Module” shall mean a discrete (i) software package, extension, tool, or add-on, (ii) enhancement, modification, or additional features for another Module, or (iii) Support, training, or other non-software aspect of the App; each of which can be added to or removed from the App at any time, or from time to time.
(10) Other Terms and Conditions: The term “Other Terms and Conditions” shall mean any written statement of policies (in printed or electronic form) concerning User’s Access to the Web Site, the Documentation, and/or the App, as may be adopted by Austin Sigma and as modified by Austin Sigma from time-to-time.
(11) Permitted Use: The term “Permitted Use” shall mean (i) managing User’s email and text communications, or (ii) evaluating the performance, utility, and functions of the App.
(12) Technology: The term “Technology” shall mean any and all information, data, applications, methodologies, techniques, ideas, solutions, processes, adaptations, products, concepts, procedures, works of authorship, applications, software, web sites, scripts, documentation, flow charts, diagrams, software libraries, databases, data structures, data models, data dictionaries, fields, records, screen displays and graphic interfaces.
(13) Third Party Content: The term “Third Party Content” shall mean Technology owned by a third party that is incorporated in whole or part into the App, or linked to the App, including but not limited to encryption Technology.
(14) Unauthorized Access: The term “Unauthorized Access” shall mean any Access to the App, the Documentation, or the Web Site except for the Permitted Use. The term “Unauthorized Access” shall also mean any Access to the App, the Documentation, or the Web Site that is in violation of these Terms, the Documentation, or any Other Terms and Conditions, or that is conducted without the consent of Austin Sigma or User.
(15) Unauthorized User: The term “Unauthorized User” shall mean any individual who Accesses the App, the Documentation, or the Web Site except for Users authorized by Austin Sigma to Access the App for the Permitted Use.
(16) User Content: The term “User Content” shall mean any and all data and information created by, stored in, input into, or transmitted through the App by a User, including but not limited to email and text communications, and User’s settings and preferences for the App.
(17) User Input: The term “User Input” shall mean any enhancements, ideas, feedback, responses, requests, and other proposed modifications to the App and/or any Module suggested, proposed, or requested by User.
(18) Web Site: The term “Web Site” shall mean any web site developed by or for Austin Sigma for use of promoting and/or interfacing with the App, which is Accessible by a User via the internet, including all electronically stored information and/or communications stored on or transmitted through such Web Site.