License Agreement & Terms of Use

 

Easyset LLC, which includes the EasySet app, web interface, and database content (“EasySet”), provides its Account holders (“clients”) and users with assessment tools and templates to facilitate physical security assessment tasks through a mobile application and web-based interface. The template content was developed by EasySet, based on years of professional experience and industry standard references and is copyright protected. “EasySet Services” are limited to the following terms and conditions:

 

Definitions:

EasySet Client: EasySet account holder.

EasySet User: An individual who uses a specific EasySet account with permission from the EasySet Client. A user must operate under the same legal entity (company) as the EasySet client.

Subscription Fee: Recurring fee charged to maintain access to the EasySet account.
EasySet License Package- Includes the subscription fee (license fee) and a report download quota, valid for the duration of the subscription period.

 

1. Access to and the use of EasySet the platforms is subject to subscription fees, paid in advance, per individual account as part of the EasySet License Package, after the initial trial period when applicable. The subscription fee provides EasySet client/users with access only to the mobile and web platforms, providing unlimited users per account, the ability to draft and edit  an unlimited number of reports, unlimited storage, custom library, and previews. Expending a report credit from your download credit is defined as downloading and viewing a watermark-free report.

 

2. When applicable, the user account subscription fee is automatically renewed at the end of the membership period until canceled or altered by the user. Automatic renewal will apply to the select subscription plans, charged using the payment information provided by the client.

 

3. The client will maintain access to his/her account, including the data stored within, during the initial trial period or throughout the duration of an active license agreement. A grace period of 15 days is provided following membership expiration date to allow the EasySet client to extend and/or purchase a new Easyset License Package.

 

4. After the 15 day grace period, unless requested by the client in writing and confirmed by EasySet, the user account will be disabled, discontinuing access for the client and associated users. All data associated with the user account, including client information will be permanently deleted, including purchased reports and report credits 90 days after the account has been disabled.  Future use of the EasySet platform requires opening a new account with the associated EasySet License Package fees.

 

5. Trial period:

EasySet account membership may start with a free trial period. The free trial period typically lasts no more than 10 days unless otherwise specified. The free trial period may be granted only to new EasySet clients or users and is done so to familiarize users with the EasySet platforms. Downloading a watermark-free report is subject to EasySet’s license fees and credit packages. Free trial eligibility is determined by EasySet at its sole discretion and can be limited or revoked without explanation or notice in the case of suspected violation of this license agreement.

 

6. Membership Billing and Cancellation:

Unless specified otherwise in the License Package agreement, a minimum non-refundable membership period is 1 month. In some cases, a client’s payment date may change, for example, if the payment method has not successfully settled or if the client’s paid membership began on a day not contained in a given month.

 

7. Cancellation policy: Unless specified otherwise in the License Package agreement, the client may cancel his/her EasySet membership at any time by emailing [email protected] (Subject Line: Account Cancellation). Account cancelation will take effect within 2 business days or at the end of the monthly billing cycle. Partial use of a month will be billed for a full month after which the account will be canceled. The client will continue to have access to the EasySet service throughout the period charged. Refunds will be calculated and applied based on the total number of months used. Report credits purchased as part of the license agreement, are non-refundable unless specifically stated otherwise in the EasySet License Package agreement signed by both the client and EasySet Officers. 

 

8. Changes to Membership fees and Subscription Plans: EasySet reserves the right to change subscription plans and packages, adjust the pricing of the service or any components thereof, in any manner and at any time. Except as otherwise provided in these Terms of Use, any changes to the client subscription plans will take effect only following a written notice from EasySet.

 

9. Compiling Assessment Reports and Report Fees:
 

1. Each report template generated using EasySet is subject to the prescribed report credit fees and applies to a single unique location, address, and time as declared by the client. Copying, screenshots, photos, photocopy or any other means or attempts to duplicate any content produced as a result of using EasySet, without written consent from EasySet will be considered copyright and/or agreement infringement and will result in legal action by the laws of the state of California which govern this agreement.

2. Unless specified otherwise in the EasySet License Package agreement, a report credit or credit package is valid only throughout the specific membership period agreed. Report credits do not roll-over into the year or time period following the original license agreement.

3. All content provided by EasySet is designed solely to assist the client, facilitate the completion, drafting, and production of a physical security assessment or applicable report.

4. Although EasySet templates provide a wide array of options usually found throughout facilities and structures, EasySet cannot guarantee that all sections, areas, vulnerabilities, and solutions are available for client selection. Although EasySet provides clients with some flexibility in order to address individual customer needs, EasySet cannot guarantee that all conceivable options are available for selection.

5. Vulnerability titles and content suggested by EasySet, serve only as a sample of total vulnerabilities applicable for the section or area. Selecting from the provided vulnerability list, although recommended, does not guarantee that all conceivable vulnerabilities for a specific section or area exist in the database for selection. Therefore, EasySet is by no means suggesting that if a vulnerability is not present in the checklist that such vulnerability or associated risk does not exist.
 

6. Vulnerability descriptions provided by EasySet serve as an initial option for the customer's consideration and use. EasySet does not guarantee that the vulnerability is described in full, is applicable to the area(s) selected or to that specific location.  All vulnerabilities or content chosen by EasySet client(s) represent the client’s professional opinion only, based on the client’s assessment and does not represent any expert or official opinions of EasySet.
 

7. EasySet provides its client(s) with various optional solutions for consideration. By providing these solutions, the client understands that the recommendations only represent a portion of the possible solutions available. The order of the solutions presented does not indicate any partiality or prioritization of any specific solution. The client understands although a solution might apply to one area, it does not necessarily apply to all.  Specific solutions may be unsuitable for certain vulnerabilities, and in some cases, may even cause potential harm if selected. Therefore, the solution suggestions are general and do not endorse any specific vulnerability. Solution descriptions and references are copyright protected by EasySet and provided to the client as a structured template designed to assist in compiling the client’s security assessment report. EasySet does not mandate, endorse, or sanction any options presented, referenced as "Solutions" or “Solutions for Consideration.” EasySet offers solutions to understanding that the client will use and/or alter the wording and descriptions to his/her best judgment and takes full responsibility for any content rendered from EasySet. By using EasySet templates and content without editing, the client understands that he/she carefully read and agrees in full to all content provided and therefore chose to select the solution and description for his/her own use and responsibility. In most cases, EasySet provides references from reputable industry standard sources. Though EasySet tries its best to provide references to the client, it is the client’s sole responsibility to check each reference’s validity and applicability, choose whether or not to use it at his/her own risk, whether the client edited a solution or not. The reference chosen does not necessarily incorporate the entire solution selected and may refer to partial content only.
 

8. The disclaimer included in the EasySet report template is provided to the client as a courtesy and does not substitute the client’s responsibility to seek legal advice before the download and release of a security assessment report to third-party beneficiaries (“Released Parties”). The client understands that EasySet cannot be held legally responsible for any content or lack of content in the provided legal disclaimer.
 

9. Wording, phrasing, language, and grammar provided by EasySet is being done so to the best of its knowledge and after a courtesy review. All text within EasySet is not intended to offer judgment or insult the assessed location, personnel, and assets. EasySet cannot be held responsible for any spelling, phrasing, or grammar mistakes selected and used by the client. The client understands that it is his/her responsibility to conduct a complete review of all report content before download or distribution.

10. EasySet provides its client(s) with the ability to upload, store and edit client and/or third-party beneficiaries (“Released Parties”) sensitive data on its designated servers. All data stored on the EasySet web application or servers is done so at the client's own risk. The client acknowledges that EasySet recommends that all reports be completed as soon as possible, followed by permanent deletion from the EasySet servers. Storage of edited or completed reports on the EasySet servers is provided for ninety (90) days after the report’s initial completion and download.  Once a report has been completed and downloaded, the client understands that he/she is limited to ninety days of editing, after which the report, will be archived and accessible with an additional retrieval fee. EasySet assumes no responsibility for any draft or final report remaining on the client's account before, during or after it’s completion.
 

11. EasySet services allow the client to enter data into the EasySet application which synchronizes in real-time with the EasySet web interface. Client agrees not to hold EasySet responsible for any technical faults which result in loss of data, photos, notes, or any other input by the client and /or loss of working hours or business reputation.
 

12. Any data deleted by the client/user from his/her account, including reports, report images, icons, logos, or uploads of any kind are all deleted in real-time from EasySet servers. For security and privacy reasons this data is deleted in real-time, is not backed up. All deletions are therefore permanent and final. 

 

10. General:
 

1. The client confirms that he/she has read, understands and agrees with all terms referenced in the EasySet privacy statement which specifies the collection, use, and storage of client data for purposes defined. The client understands that he/she will be notified of any changes to the terms and conditions. All information generated and/or stored on the EasySet servers is subject to the terms of the EasySet privacy statement.
 

2. Although EasySet stores customer reports and information to the highest level of security standards, the client agrees not to hold EasySet liable for any claims, damages, losses or liabilities if any client, customer or Released Party information is breached due to unauthorized access to drafted, completed or archived reports or client data. The decision to maintain any drafted or completed report on EasySet servers is based solely on the client's preference.
 

3. The client agrees that any dispute, claim or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, CA before one arbitrator. The arbitration shall be administered by jams pursuant to its comprehensive arbitration rules and procedures [and in accordance with the expedited procedures in those rules] [or pursuant to jams' streamlined arbitration rules and procedures]. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

 

4. The laws of the state of California (CA), USA govern this agreement (without giving effect to its conflicts of law principles). Both EasySet and its customer/client or any released party subjected to this agreement consent to the personal jurisdiction of the state and federal courts in Los Angeles County, CA, USA.
 

5. By using any of the EasySet services, the client states that he/she has active liability insurance which includes coverage of but is not limited to physical injury, harm, data breach, data loss, cybercrime, professional liability, errors, and omissions.
 

6. The client confirms that he/she has legal ownership of all content uploaded or referenced by the client while using EasySet and has authorization from the relevant third party to collect potentially sensitive information about the facility in the form of text, photos, or otherwise.
 

7. The client confirms that he/she understands that all sales are final. EasySet has a no return policy. However, in the case of a malfunction of the EasySet service, the customer may exchange the security assessment report for a new report.

 

8. By clicking “Agree,” and/or by using any of the EasySet platforms, the client confirms that he/she read, fully understands the EasySet terms, conditions, and privacy statement and has the authority to represent his/her company using the “EasySet services.” By using any of the EasySet services, client accepts to RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS and AGREE NOT TO SUE EasySet LLC, its officers, employees and/or agents from any claims, damages, losses, liabilities, lawsuits, actions, causes of action, claims for relief, demands, fees, expenses, and costs of any kind whatsoever, including attorney fees in perpetuity caused to client or any third party beneficiaries (“Released Parties”) including any loss arising from any claim of negligence against EasySet. The undersigned client also further hereby INDEMNIFIES EasySet and its agents, officers and employees from any loss, harm, liability, lawsuits, damages or costs, including court costs and attorney’s fees that EasySet may incur due to the client’s conduct or failure to adhere to the stated rules or the directions provided by EasySet. Further, any Actions and resulting Losses that relates to Client (or its Representatives) incorrectly inputting data, screen shots, or related content that it receives from EasySet and includes in its assessment reports created during a Security Assessment Client agrees to RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS and NOT SUE EasySet LLC, any of its officers and or employees, for any and all loss, harm, liability or damage that directly results from Client incorrectly creating its Security Assessment reports, including Client’s acts of negligence.