Terms of Service

Last Updated: December 15, 2024

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the ImpactLink Dashboard and associated services (the "Service") provided by ImpactLink, Inc. ("Company", "we", "us", or "our"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

These Terms apply to all users, including those who contribute data, participate in trials, and paid subscribers.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. If you are acting on behalf of a company or organization, you represent that you are authorized to bind that entity to these Terms.

2.2 Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

Provide accurate and complete account information
Immediately notify us of unauthorized access or security breaches
Comply with all applicable laws and these Terms
Be responsible for all actions taken using your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in unauthorized or fraudulent activity.

3. Description of Service

ImpactLink provides an event correlation and business impact mapping platform that:

Ingests infrastructure events and alerts from multiple sources
Correlates events across systems using machine learning algorithms
Calculates and visualizes business impact metrics
Generates real-time alerts and historical reports

The Service operates on an "as-is" basis. We continuously improve and update the Service, and features may change without notice. We strive to maintain high availability but make no guarantees regarding uptime or continuous service availability.

4. User Responsibilities and Prohibited Conduct

You agree not to:

Violate any applicable laws, regulations, or third-party rights
Submit data containing personal information of individuals without consent and legal basis
Attempt to gain unauthorized access to the Service or its infrastructure
Reverse-engineer, decompile, disassemble, or attempt to discover the source code
Interfere with or disrupt the integrity or performance of the Service
Transmit viruses, malware, or any harmful code
Use the Service for any illegal or fraudulent purpose
Scrape, crawl, or mirror the Service without authorization
Sell or redistribute access to the Service
Resell or commercially exploit the Service without prior written consent

Violations may result in immediate suspension or termination of your account.

5. Intellectual Property Rights

5.1 Our IP

ImpactLink owns or licenses all intellectual property in the Service, including software, algorithms, documentation, and trademarks. You are granted a non-exclusive, non-transferable, revocable license to use the Service solely for your business purposes, subject to these Terms. You may not sublicense, copy, or distribute the Service.

5.2 Your Data

You retain all ownership rights to data you submit to the Service ("Your Data"). By submitting Your Data, you grant us a license to use, process, and store Your Data solely to provide the Service, improve our algorithms, and comply with legal obligations. We will not use Your Data for any other purpose without your explicit consent.

5.3 Feedback

If you provide feedback, suggestions, or feature requests, we may use that feedback without restriction and without obligation to you.

6. Payment and Billing

6.1 Subscription Plans

Pricing and billing terms are specified on our website and in your order. We offer monthly and annual subscription plans. Payment is due at the start of each billing period. Invoices are sent to the email address associated with your account.

6.2 Payment Authorization

By providing payment information, you authorize us to charge your payment method for all fees due. You are responsible for maintaining accurate payment information and notifying us of changes.

6.3 Late Payment

If payment fails or is late by more than 30 days, we may suspend your access to the Service and may terminate your account. Unpaid invoices accrue interest at the rate of 1.5% per month or the maximum allowed by law, whichever is lower.

6.4 Price Changes

We may change subscription pricing upon 30 days' written notice. Price increases apply only to renewals, not mid-cycle. If you do not accept a price increase, you may cancel your subscription before the increase takes effect.

6.5 No Refunds

All subscription fees are non-refundable except where required by law. For monthly plans, you may cancel at any time; cancellation takes effect at the end of the current billing period.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in a way that does not infringe upon our rights or the rights of others. Specifically, you agree that Your Data:

Does not contain personal data of individuals without proper consent and legal basis
Does not violate privacy, intellectual property, or other laws
Is accurate and relevant to infrastructure monitoring and business operations
Does not contain malicious code or harmful content
Complies with all applicable data protection regulations (GDPR, CCPA, etc.)

You are solely responsible for Your Data. We reserve the right to investigate alleged violations and may remove data or suspend access if we determine Your Data violates this policy.

8. Limitation of Liability

8.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2 Limitation of Damages

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

8.3 Exceptions

Some jurisdictions do not allow exclusion of liability for certain types of damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless ImpactLink, its officers, employees, and agents from any third-party claims, damages, costs, and expenses (including attorney fees) arising from or related to:

Your use of the Service in violation of these Terms
Your Data or the transmission of Your Data to the Service
Your violation of any applicable laws or third-party rights
Your unauthorized access to or use of the Service

We will provide prompt notice of any such claims and cooperate in your defense.

10. Confidentiality

Except as required by law or to provide the Service, each party agrees to maintain the confidentiality of the other party's confidential information and use it solely for the purposes of this Agreement. Your Data shall be treated as confidential and will not be disclosed to third parties except as stated in our Privacy Policy.

11. Termination

11.1 By You

You may terminate your account at any time through your account settings or by contacting support. Termination is effective immediately, and access to the Service ceases. You remain liable for any outstanding fees.

11.2 By Us

We may suspend or terminate your account if:

You violate these Terms or our Acceptable Use Policy
Your account is inactive for 12 consecutive months
Payment is 30 days overdue
We discontinue the Service
We determine your use poses a security or legal risk

We will provide 30 days' notice where applicable, except in cases of severe violation or security threats.

11.3 Effect of Termination

Upon termination, your access to the Service ceases immediately. Your Data may be retained for 90 days for backup purposes, then permanently deleted. Sections that survive termination include Intellectual Property, Limitation of Liability, Indemnification, and Confidentiality.

12. Service Level Agreement

ImpactLink targets 99.95% uptime (measured monthly), excluding scheduled maintenance and events beyond our control. However, we make no guarantee of uptime or continuous availability. In the event of unscheduled downtime exceeding 4 consecutive hours, you may be eligible for service credits as outlined in your specific plan. Downtime claims must be submitted within 30 days.

This SLA applies only to paid subscribers and is our exclusive remedy for service unavailability.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall first be resolved through good-faith negotiation. If negotiation fails, disputes may be subject to binding arbitration or litigation in courts of competent jurisdiction in Toronto, Ontario. You waive the right to jury trial and class action participation.

14. Modifications to Terms

We may modify these Terms at any time. Material changes will be communicated via email or prominent notice on our website. Your continued use of the Service following such notification constitutes acceptance of the modified Terms. If you do not accept changes, you may cancel your subscription.

15. Contact Us

For questions about these Terms of Service, please contact us at:

Email: [email protected]
Mailing Address: ImpactLink, Inc., 123 King St W, Toronto, ON M5H 1J9, Canada