Terms of Service | Function Point Project Management Software
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Terms of Service

Function Point consists of a website and online services provided at functionpoint.com, including subdomains, that are accessible through a registered account (“Account”) and an application programming interface (API) integrating Function Point with other web applications (collectively, the “Service”) and that are provided by Function Point Productivity Software Inc. (“fp.”) to the subscriber and permitted users of this Account.

Your use of the Service is governed by this Terms of Service agreement including Updates (as defined herein) (the “Terms of Service”) and a Privacy Policy detailing how fp. uses the information it collects from you (the “Privacy Policy”). You must agree to the Terms of Service and Privacy Policy in order to use the Service.

By using the Service you are agreeing to be bound by the Terms of Service and the Privacy Policy.

1. Updates

fp. reserves the right, at its sole discretion, to change or modify or to add or remove portions of the Terms of Service or Privacy Policy at any time (“Updates”). fp. agrees to notify you of Updates through a Service message and to make them available at functionpoint.com. You will be deemed to have accepted any Update by continuing to use the Service. Unless fp. states otherwise, Updates are automatically effective thirty (30) days after being posted on functionpoint.com.

2. Use of Service and Account

2.1 Your use of the Service and Account is permitted pursuant to, and subject to the subscriber’s compliance with, agreements entered into between the subscriber and fp. related to the Service and Account as well as your compliance with these Terms of Service.
2.2 You agree to not:

  1. modify, reverse engineer, decompile, disassemble, commercially distribute, sublicense, resell or transfer the Service in any way;
  2. damage, harm, modify or otherwise impair the Service or any connected network;
  3. use automation software or any other unauthorized software to modify the Service or the Service experience;
  4. attempt to gain unauthorized access to the Service including, but not limited to, through the use of another user’s Account or through any method not provided by or approved by fp.;
  5. through use of the Service, infringe or violate the right of a third party including but not limited to:(1) contractual rights; (2) copyright, patent, trademark or trade secret; (3) privacy rights; (4) publicity rights; or (5) confidential information; or
  6. through use of the Service, encourage or engage in illegal activities.

3. Accessing the Service

3.1 Access to the Service requires hardware including, but not limited to, a computer or mobile device and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Service. You agree that you are responsible for any fees incurred by you when accessing the Service through an Internet connection.

3.2 Access to the Service requires that you obtain permission to access the Account, provided by fp. to the subscriber, and which access may occur through a username and password or by way of single sign-on through permitted Third Party Services (as defined in section 4) (“Login Information”). You are solely responsible for keeping Login Information confidential and agree to be bound by any use of Login Information, including any purchases and whether or not you authorized such use of Login Information. If you become aware, or reasonably suspect, unauthorized use of the Account, you must immediately change the password that is part of the Login Information. Any questions concerning unauthorized use of the Account may be emailed to fp. at support@functionpoint.com.

4. Third Party Services

The Service may allow you to integrate with third-party services that are not provided by fp. but that enhance the overall functionality of the Service (“Third Party Services”). The Terms of Service does not grant you any license, right, title or interest in Third Party Services. Use of Third Party Services may require you to enter into agreements between you and a third party. It is up to you to determine whether to agree to the terms of any Third Party Services agreement. Integration of Third Party Services is contingent upon third parties permitting fp. to integrate the Service with their respective Third Party Services and such permission and/or integration may end at any time without notice. FP. MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY SERVICES OR THE CONTINUED AVAILABILITY OF THE SERVICE’S INTEGRATION WITH THIRD PARTY SERVICES. YOU AGREE THAT FP. WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY SERVICES.

5. Customer Content

Customer content includes any data, personal or anonymous, including, but not limited to, text, images, user metrics or any other information that you or users of your Account submit or create while using the Service or Third Party Services (“Customer Content”). By providing Customer Content, you represent and warrant that you have all consents, licenses and rights necessary to license Customer Content to fp. for such purposes contained herein and hereby grant to fp. a fully-paid, royalty-free, non-exclusive, worldwide license to Customer Content for the limited purposes of providing the Service to you, such as displaying and transmitting Customer Content on or through the Service, and for such purposes as outlined in the Privacy Policy, which expires six (6) months following termination of the Service Agreement the subscriber entered into with fp.

6. fp. Ownership Rights

fp. retains all right, title and interest in the Service including, but not limited to, computer code, documents and documentation, copyrights, patents, trademarks, trade secrets, trade names and methods of operation. The Service is protected by the laws of Canada and international laws.

If fp. requests, and you consent to provide, a review of the Service directly to fp. or to a third party, you agree that fp. is automatically granted a perpetual, fully-paid, royalty-free, non-exclusive, worldwide,assignable and sub licensable license to your name and the contents of your review for the limited purpose of marketing the Service.

7. Security

We are committed to ensuring that Customer Content is secure. In order to prevent unauthorized access or disclosure of Customer Content we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. The Services may use industry standard SSL (secure socket layer) encryption to transfer information. For more information on our current security practices, please review the fp. Data Security page at www.functionpoint.com/security.

 8. Disclaimer

THE SERVICE IS PROVIDED TO YOU “AS IS” AND FP. DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, FP. MAKES NO REPRESENTATIONS THAT USE OF THE SERVICE WILL NOT INFRINGE ANY COPYRIGHT, PATENT OR TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, FP. MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE OR RESULT IN LOST DATA. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY FP., ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE ANY WARRANTY AND YOU SHALL NOT RELY EXCLUSIVELY UPON SUCH ADVICE OR INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE, OPERATION AND QUALITY OF THE SERVICE, INCLUDING RISK OF DATA FAILURE.