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Terms of Service

Last Updated: September 19, 2024

eConnect, Inc. (“eConnect,” “we,” “us,” “our”) provides its services to you through software delivered to and installed on servers located within your data centers and surveillance rooms, as well as optionally through our cloud services available at https://www.econnectglobal.com (collectively, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

 

Contents

  1. Definitions
  2. Grant of License
  3. User Registration and Account Security
  4. Fees and Payment Terms
  5. Privacy and Data Security
  6. Intellectual Property Rights
  7. User Conduct and Restrictions
  8. Limitation of Liability
  9. Indemnification
  10. Term and Termination
  11. Dispute Resolution
  12. Compliance with Laws
  13. Third-Party Integrations
  14. User Management
  15. Miscellaneous
  16. Contact Information

 

  1. Definitions

1.1 "Software" means the software products, platforms, and related support utilities provided by eConnect, including all updates, upgrades, modifications, improvements thereto, and related user documentation.

1.2 "Services" refers to the maintenance, support, SaaS (Software as a Service) offerings, and any other services provided by eConnect as part of this Agreement, including any subscription-based services or features.

1.3 "Hardware" means any physical devices, including but not limited to cameras, servers, networking equipment, ID scanners, sensors, peripherals, or other non-software components, provided by eConnect or its suppliers.

1.4 "Subscription" refers to the rights granted to you to use the Software and Services subject to payment and compliance with this Agreement.

1.5 "Content" refers to all data, recordings, video surveillance footage, facial recognition data, ID scanner data, point-of-sale (POS) transactions, casino management system data, loyalty systems data, and other information provided by you and processed, synchronized, or matched by the Software and Services, particularly in conjunction with facial recognition and POS video analytics.

1.6 "Effective Date" means the date on which you accept these Terms of Service by accessing or using the Services.

1.7 "Anniversary Date" refers to the annual recurrence of the Effective Date, used to determine the renewal date of the Subscription.

1.8 "User Fees" means the fees payable by you for the rights and services granted under this Agreement.

 

  1. Grant of License

2.1 License Grant. Subject to the terms and conditions of this Agreement, eConnect grants you a non-exclusive, non-transferable, limited license to use the Software and Services for the number of devices, users, and cameras as described in your subscription plan or purchase order.

2.2 Restrictions. You may not transfer, sublicense, distribute, or otherwise make the Software, Services, or Hardware available to any third party without the prior written consent of eConnect.

2.3 Key Requirement. You acknowledge that a security key may be required to render the Software operational. Any unauthorized tampering with the key may result in termination of this Agreement.

 

  1. User Registration and Account Security

3.1 Registration Obligations. To access and use the Services, you must register for an account by providing true, accurate, current, and complete information as prompted by the registration form. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Age Requirement. You must be at least eighteen (18) years old to use the Services. If you are under 18, you may use the Services only with the approval of your parent or guardian.

3.3 Security of Your Account. You agree to notify eConnect immediately of any unauthorized use of your account or any other breach of security.

 

  1. Fees and Payment Terms

4.1 User Fees. You agree to pay all User Fees in accordance with the payment schedule set forth in your subscription plan or purchase order. Payment is due on or before the Anniversary Date for each renewal term.

4.2 Taxes. You are responsible for all taxes associated with the Software, Services, and Hardware, excluding taxes based on eConnect's income.

4.3 Late Payments. Failure to pay any fees when due may result in suspension of the Services, deactivation of the Software, or termination of this Agreement.

4.4 Changes to Fees. eConnect reserves the right to change its payment plans and fees. If eConnect changes fees, it will notify you at least thirty (30) days before the change takes effect. Your continued use of the Services after the fee change constitutes your agreement to pay the changed fee.

4.5 Refunds. eConnect does not offer refunds or credits for partial periods of service or unused periods.

 

  1. Privacy and Data Security

5.1 Privacy Policy. eConnect’s use of any personally identifiable information provided by you is governed by the terms of our Privacy Policy, which is incorporated herein by reference. You are responsible for ensuring that all necessary notifications and consents are obtained from individuals whose data is processed using the Software and Services.

5.2 Data Security Obligations. eConnect shall implement and maintain industry-standard security measures to protect the confidentiality, integrity, and availability of your data. You are responsible for maintaining the security of your own systems and for promptly reporting any security incidents to eConnect.

5.3 Data Ownership and License. You retain all rights, title, and interest in and to your data (“Content”). However, you grant eConnect a royalty-free, non-exclusive, worldwide license to process, store, and use the Content as necessary to provide the Services.

5.4 Third-Party Data Processing. eConnect may engage third-party service providers to assist in the provision of the Services. eConnect will ensure that any such third parties are bound by obligations of confidentiality and data security that are at least as stringent as those set forth in this Agreement.

5.5 Recording Consent. You agree to comply, and you will require your meeting participants or call receivers to comply, with all applicable laws regarding the privacy of communications occurring during your meetings or calls, including informing participants or call receivers that recordings are taking place.

 

  1. Intellectual Property Rights

6.1 Ownership. The Software, Services, and all related materials (collectively, the “eConnect Materials”) are protected by copyright, trademark, trade secret, and other intellectual property laws. eConnect and its licensors retain all rights, title, and interest in and to the eConnect Materials.

6.2 Restrictions. You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, create derivative works from, reverse engineer, or otherwise exploit the eConnect Materials, except as expressly authorized in this Agreement.

6.3 Trademarks. All eConnect trademarks, service marks, logos, and trade names are the property of eConnect or their respective owners. You may not use any of these without eConnect’s prior written permission.

 

  1. User Conduct and Restrictions

7.1 Acceptable Use. You are solely responsible for all Content that you upload, post, publish, display, transmit, or otherwise make available through the Services. You agree to use the Services in compliance with all applicable laws and regulations.

7.2 Prohibited Uses. You agree not to use the Services for any unlawful purposes or to:

  • Engage in activities that are obscene, libelous, defamatory, infringe on the intellectual property or privacy rights of others, or incite hatred or terrorism.
  • Resell, transfer, sublicense, lease, rent, or share your rights under this Agreement.
  • Modify, remove, or alter any proprietary notices or labels on the Services.
  • Access or attempt to access any of our systems, programs, or data that are not publicly available.
  • Attempt to decompile, disassemble, reverse engineer, or otherwise extract source code from the Services.

7.3 Commercial Use. Unless expressly authorized by eConnect, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes any portion of the Services.

7.4 Participant Conduct. You assume full responsibility for your and your Users’ use of the Services and warrant that you have obtained all rights necessary to provide eConnect with the Content.

7.5 Compliance with Third-Party Services. When using the Services in conjunction with other third-party services, you will comply with the terms of service of such third-party services. eConnect shall not be liable for any termination, breach of terms, or suspension of service resulting from your use of the Services.

7.6 On-Premises Hardware Security. Since a majority of eConnect customers purchase Hardware/servers located within their own premises, you are solely responsible for securing your premises and ensuring that all Hardware is properly installed, maintained, and protected against unauthorized access or damage.

 

  1. Limitation of Liability

8.1 No Consequential Damages. eConnect shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of the Services, even if eConnect has been advised of the possibility of such damages.

8.2 Liability Cap. eConnect’s total liability under this Agreement shall be limited to the total fees paid by you to eConnect for the Services during the six (6) months preceding the event giving rise to the liability.

8.3 State Law Limitations. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.

 

  1. Indemnification

9.1 By You. You agree to indemnify, defend, and hold harmless eConnect, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of another.

9.2 Statutory Rights Waiver. If you are a resident of a jurisdiction that permits the waiver of certain statutory rights, you waive such rights to the extent permitted by law.

 

  1. Term and Termination

10.1 Term. These Terms of Service shall commence on the Effective Date and continue until terminated by either party as provided herein.

10.2 Termination for Cause. Either party may terminate this Agreement upon thirty (30) days’ written notice if the other party breaches any material provision of this Agreement and fails to cure such breach within the notice period.

10.3 Effect of Termination. Upon termination of this Agreement, you must cease using the Services and return or destroy any related documentation or materials. Your obligation to pay any outstanding fees shall survive termination.

10.4 Termination by eConnect. eConnect may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

10.5 Survival. Sections regarding Intellectual Property Rights, Limitation of Liability, Indemnification, and Miscellaneous shall survive termination of these Terms.

 

  1. Dispute Resolution

11.1 Good Faith Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof (“Dispute”), you and eConnect agree to first attempt to resolve the Dispute through at least twenty (20) in-person meetings between the Parties. These meetings shall be scheduled at mutually convenient times and locations within a reasonable timeframe.

11.2 Legal Action. If the Dispute remains unresolved after the twenty (20) in-person meetings, either party may pursue legal action in a court of competent jurisdiction in the State of Nevada. Both Parties consent to the exclusive jurisdiction of such courts.

11.3 No Waiver of Rights. This Dispute Resolution process does not waive any rights either Party may have under applicable law, nor does it limit the right to seek injunctive or other equitable relief in court.

 

  1. Compliance with Laws

12.1 Legal Compliance. You are responsible for complying with all applicable local, state, federal, and tribal laws, regulations, and ordinances, including those related to your casino licenses, when using the Services.

12.2 Data Protection Laws. You agree to comply with all applicable data protection and privacy laws in your jurisdiction, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as applicable.

 

  1. Third-Party Integrations

13.1 Integration Responsibilities. The Services may integrate with third-party systems and applications. You are responsible for ensuring that any third-party integration partners cooperate with eConnect and that you and your integration partners properly license any third-party software or services required for such integrations.

13.2 Compliance with Third-Party Terms. Your use of third-party integrations is subject to the terms and conditions of those third parties. You agree to comply with all applicable terms and conditions of any third-party services you integrate with the Services.

13.3 Liability for Integrations. eConnect is not liable for any issues, damages, or losses arising from your use of third-party integrations. Any claims related to third-party integrations must be directed to the respective third-party providers.

 

  1. User Management

14.1 Operator Responsibilities. As an enterprise customer, you are responsible for managing and overseeing the use of the Services by your Users. This includes assigning appropriate access levels, ensuring that Users comply with these Terms, and maintaining the security and integrity of your account and data.

14.2 User Permissions. You must ensure that Users have the necessary permissions and rights to access and use the Services. Unauthorized access or misuse by Users is your responsibility.

14.3 Monitoring and Compliance. You agree to monitor the activities of your Users to ensure compliance with these Terms and to take appropriate action in the event of any violations.

 

  1. Miscellaneous

15.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.

15.2 Entire Agreement. These Terms, along with any accompanying quotations or purchase orders, constitute the entire agreement between you and eConnect regarding the use of the Services and supersede all prior agreements.

15.3 Amendments. eConnect may modify these Terms at any time by posting the updated Terms on the Site. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15.4 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.5 Assignment. You may not assign your rights under these Terms without eConnect’s consent. eConnect may assign its rights under these Terms without restriction.

15.6 Notices. All notices to you may be made via email or regular mail to the contact information provided in your account or as otherwise specified by eConnect.

15.7 Waiver. Failure by eConnect to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

  1. Contact Information

If you have any questions, concerns, or suggestions regarding these Terms of Service or the Services, please contact us at:

eConnect, Inc.
7710 W Sahara Ave. Suite 126,
Las Vegas, Nevada 89117
Email: support@econnectglobal.com