Legal
Terms of Service
In short. ITvated is for organizations to manage and keep evidence about their own computers. You own your data. You may only monitor computers you are allowed to manage, and you must tell the people who use them. Please keep your sign-in details safe and use the service lawfully. ITvated produces evidence of what it observed. It is not legal or compliance advice. During the pilot the service is provided as is, and our responsibility to you is limited as set out below.
1. These terms
These terms are an agreement between ITvated Inc. ("ITvated", "we", "us") and the organization that creates a workspace or uses ITvated ("you", "the customer"). By creating a workspace, by installing the ITvated agent or by using ITvated, you accept these terms. If you accept them for an organization, you confirm you have authority to bind that organization. If you do not agree, do not use ITvated.
You must be at least 18 and use ITvated for business purposes.
2. The service
ITvated is an IT operations service made up of the ITvated website, the ITvated console (app.itvated.com), the ITvated agent software for Windows, the help centre and related features, including the built-in assistant, Alex ("the service"). We may improve, change or remove features. If we make a change that significantly reduces what the service does for you, we will give you notice.
3. Trial and pilot
New workspaces start with a free 30-day trial, with no payment card required. Trial and pilot access is limited (for example in the number of computers), may change, and may be provided in an earlier state of development than a finished product. When a trial ends we may limit or suspend access. If you want to continue, contact us. Before we delete a workspace whose trial has ended, we will give you notice by email at the address on the account and a reasonable chance to export what you need.
4. Accounts and security
- Give us accurate information, and keep it up to date.
- Keep your sign-in details confidential, do not share accounts, and turn on authenticator-app sign-in for administrators.
- Your workspace administrators decide who in your organization has access and with what permissions. You are responsible for what happens under your accounts and for removing access for people who leave.
- Tell us promptly at michael@itvated.com if you think an account has been compromised.
5. Your data
You own the information you and your computers put into ITvated ("customer data"). You give us permission to store, process and display it, and to make backups of it, only as needed to provide, secure and support the service for you, and as described in our Privacy Policy. We do not sell customer data.
Monitoring computers involves people's information. You are responsible for having the right to monitor every computer you enroll and for telling the people who use those computers, as the law and your own policies require. Install the agent only on computers that you own or are authorized to manage.
You can export or delete your data, or ask us to. See section 16 on what happens when the agreement ends.
6. Acceptable use
You agree not to:
- use ITvated unlawfully, or to harm, spy on or take over computers or accounts you are not authorized to manage;
- probe, scan or test the security of ITvated, or attempt to access another customer's workspace or data, without our written permission;
- interfere with or overload the service, or work around limits, quotas or security controls;
- copy, resell, reverse engineer or build a competing product from the service, except where the law gives you that right;
- upload malicious code, or use the service to run actions you do not have the right to run.
We may suspend access, immediately where needed, if use puts the service, other customers or other people at risk, or breaks these terms. We will tell you why and work with you to restore access when we can.
7. Actions on your computers
ITvated can perform specific actions on enrolled computers, such as refreshing readings or restarting a service, when your authorized users request or approve them. Some actions are switched off by default. You are responsible for deciding who may approve actions and for approving only what you intend. We are not responsible for the results of an action your organization approved, or for configuring or maintaining your computers.
8. Evidence, not advice
ITvated records what it observed about your computers at the time, and can produce reports and audit packs from that. This is evidence of observed state. It is not legal, insurance, security or regulatory advice, and it is not a determination that you meet any law, standard or contract. Reports can only describe what ITvated could see, so check that they are complete before you rely on them or share them with others.
9. Fees
The trial is free. If we offer paid plans, we will show the price and what is included before you are charged, and we will not charge you without your agreement. We will give you at least 30 days' notice of any price change that applies to you. Prices exclude applicable taxes.
10. Other services
ITvated can connect to services you choose, such as ticketing and security tools. Those services belong to their providers and are covered by their own terms. We are not responsible for them.
11. Availability and support
We work to keep ITvated available and to protect it, and we keep encrypted backups. During the trial and pilot we do not promise any particular level of uptime or response time, and the service may be unavailable for maintenance or for reasons outside our control. Keep your own copy of any evidence you need to rely on. Contact us for support at michael@itvated.com.
12. Ownership and feedback
We own the service, the software and everything we create, and we give you a limited, non-exclusive, non-transferable right to use the service for your own internal business while these terms apply. You keep ownership of customer data. If you give us ideas or feedback, we may use them without owing you anything.
13. No warranties
To the fullest extent the law allows, the service is provided "as is" and "as available", without promises or conditions of any kind, whether stated or implied, including that it will be uninterrupted, error-free or fit for a particular purpose. Some laws do not allow some of these exclusions, so some may not apply to you.
14. Limits on our responsibility
To the fullest extent the law allows:
- ITvated is not liable for indirect or consequential losses, or for lost profits, lost revenue, lost data or business interruption, even if we were told they could happen; and
- our total liability to you for everything connected with the service in any twelve months is limited to the amount you paid us for the service in the twelve months before the event, or CAD $100 if you paid nothing.
Nothing in these terms limits liability that the law does not allow to be limited, such as for fraud or intentional wrongdoing.
15. Your responsibility for your use
You are responsible for your customer data and for how you and your users use ITvated. You will cover reasonable losses and costs that we suffer because a claim is made against us over your customer data, over computers you enrolled without the right to do so, or over your breach of these terms.
16. Ending the agreement
You can stop using ITvated and close your workspace at any time by contacting us. We can end or suspend your access if you break these terms, if you do not pay a fee that is due, if we are required by law to, or if we stop offering the service, in which case we will give you reasonable notice and a chance to export your data.
After the agreement ends we will, on your request, give you an export of your customer data for at least 30 days, and then delete it from the live service as described in the Privacy Policy. Copies in encrypted backups disappear within 30 days after that. Sections that by their nature should continue (including 5, 8, 13 to 15 and 18) continue after the agreement ends.
17. Changes to these terms
We may update these terms. If a change is significant, we will give workspace administrators at least 30 days' notice by email before it applies to you. If you keep using ITvated after a change takes effect, you accept the new terms. If you do not accept them, you can end the agreement before the change takes effect.
18. Governing law
These terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. The courts of Alberta can hear any dispute, and you and we agree to their jurisdiction. We encourage you to contact us first so we can try to resolve any problem together.
19. General
- Whole agreement. These terms and our Privacy Policy are the whole agreement between us about the service. If a separate written agreement signed by us conflicts with them, that signed agreement applies.
- Notices. We may give you notice by email to the address on your account or in the console. You can give us notice at michael@itvated.com.
- If part is unenforceable. The rest of these terms still apply.
- Transfer. You may not transfer your rights under these terms without our consent. We may transfer ours as part of a merger, sale or reorganization.
- Events beyond our control. Neither of us is responsible for delay or failure caused by something outside our reasonable control.
- Not giving up rights. If we do not enforce something straight away, we can still do it later.
20. Contact
ITvated Inc., Grande Prairie, Alberta, Canada
michael@itvated.com