These terms govern your use of Encore, the reporting product that Sparkart Group, Inc. (“Sparkart,” “we,” “us”) provides to its clients. “You” means the person who signs in and the organization they sign in for.
Acceptance
By signing in to Encore, you agree to these terms. If you use Encore for an organization, you confirm that you may accept these terms for it. If your organization has a signed agreement with Sparkart, that agreement controls where it differs from these terms.
We may update these terms. The date at the top of this page shows the current version, and we will tell your organization about material changes. Using Encore after a change means you accept it.
Accounts and access
Your organization decides who has an account. Each account is for one person. Keep your sign-in details private and do not share your account. Tell us at once if you think someone else has used it. We may suspend an account to protect Encore, your organization or our other clients.
Confidentiality and proprietary rights
Encore is confidential and proprietary to Sparkart. This includes its software, design, layouts, visualizations, reports, methods and documentation. We give you a limited, non-exclusive, non-transferable right to use Encore for your organization’s internal business while your organization is our client. We keep every other right.
You may share your organization’s own data, including exports. Do not show or copy Encore itself outside your organization.
Acceptable use
You agree not to:
- copy, modify or make products based on Encore;
- reverse engineer, decompile or try to extract its source code, except where the law expressly permits it;
- scrape, crawl or pull data from Encore by automated means, other than the exports and connections we provide;
- try to reach another client’s data, or test, probe or get around Encore’s security;
- resell, rent or sublicense access to Encore;
- use Encore to build or train a competing product or service;
- use Encore in a way that breaks the law or harms Sparkart, our clients or their customers.
Data
Your organization owns its business data. You give us the right to host, copy, process and display it to provide Encore and our services to your organization. We do not sell it.
We may use usage information, and data that cannot identify your organization or any person, to run and improve Encore. Our Privacy Policy explains what we collect and how we handle it.
Availability
We work to keep Encore available and accurate. Its data comes from systems that we and others run, and it can arrive late, incomplete or wrong, so check important figures before you act on them. We may change Encore, add features or remove them.
To the extent the law allows, Encore is provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.
Termination
Your access ends when your organization’s agreement with Sparkart ends, when your organization removes your account, or when we end it for a breach of these terms. You may stop using Encore at any time. The sections on confidentiality and proprietary rights, data, liability and governing law continue after your access ends.
Liability
To the extent the law allows, Sparkart is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from your use of Encore. Our total liability for any claim about Encore is limited to the amount your organization paid us for Encore in the twelve months before the claim. Where your organization’s signed agreement with Sparkart sets different limits, that agreement controls.
Governing law
These terms are governed by the laws of the State of [State], without regard to its conflict of laws rules. Any dispute about these terms will be heard in the state or federal courts located in [State].
Contact
Questions about these terms: Sparkart Group, Inc., [address], [email].