Terms, Conditions, & Privacy
What kind of information is collected?
We may collect and store information about you including your name, email address, phone number, physical contact information, accounting transaction data, customer sales and order information, third party data and other information or data submitted through interaction with our products.
We may also collect information regarding your use of third party products or services so that we can integrate features of those third-party products or services into our products and services provided to you.
How is the collected data used?
Information collected may be used to enhance services provided by us, to prevent fraudulent activity, and to collect information and data related to use of our products or services.
TAC Insight will not sell or share your personal information with third parties or for any commercial purposes without your consent. We may disclose aggregated and non-personally identifiable information about use of our products and services publicly or with third parties to help us improve our products and services.
We may also use trusted third party service providers and vendors to help us in providing our products and services to you, such as services to host our product platform or for processing payments. We may also store personal information and other data on servers or in locations that are outside of our direct control. These service providers would have access to your information for the limited purpose of providing the service we have contracted with them to provide.
Finally, we may disclose your information and data in response to lawful requests from public or government authorities if we believe that it is reasonably necessary to do so to comply with a law or order, to protect a person’s safety, or to protect our rights or property.
How your information is protected
Your privacy and the security of your information is important to us. We will store and transmit your information and data using practices that are consistent with commercially reasonable and industry standard safeguards to protect the integrity of your information and data. We are continuously evaluating and working to improve our security practices and best methods to protect your personal information and data.
Although we will undertake commercially reasonable efforts to preserve and protect the integrity of your information and data, please understand that no security measures are without potential risks.
Customer control of collected data
You may decline to provide or submit personal information or data to us through our products or services, however some of our services or features of our products may not be available to you as a result. You also have a right to access information and data that we hold about you.
End User License Agreement
This is a legal agreement “License Agreement” between you the “CUSTOMER” and TAC Insight, LLC (“TAC”). By using TAC’s Fast-Weigh scale ticketing and accounting software or any of TAC hosted services related thereto (the software and hosted services together are herein defined as “SOFTWARE”), CUSTOMER agrees to be bound by this License Agreement with respect to the SOFTWARE, whether through use of the enclosed software or hosted software services provided by TAC through a hosted website. If CUSTOMER does not accept the terms of this License Agreement, CUSTOMER may not use the SOFTWARE and should promptly stop using and uninstall any software provided and notify TAC.
GRANT OF LICENSE: TAC hereby grants to the CUSTOMER a nonexclusive license to: (i) the purchased SOFTWARE and (ii) any updates and/or any applicable custom programming which CUSTOMER may have purchased from TAC or to which CUSTOMER may be entitled to through purchase of TAC’s annual software maintenance program, in machine-readable, object code form only and any accompanying user documentation that TAC may provide.
OWNERSHIP: CUSTOMER acknowledges and agrees that the SOFTWARE (including its incorporated images, design, and text), and all derivatives therefrom, are proprietary products of and are solely owned by TAC and are protected by United States copyright laws, trademark laws, and international treaties. CUSTOMER further acknowledges and agrees that all right, title and interest in and to the SOFTWARE, including associated intellectual property rights, are and shall remain with TAC, and that the SOFTWARE is licensed to CUSTOMER, not sold. There are no implied licenses in this License Agreement. CUSTOMER agrees not to copy or reproduce the SOFTWARE.
WARRANTY DISCLAIMER AND SATISFACTION GUARANTEE: TAC offers a satisfaction guarantee upon initial grant of license to CUSTOMER for the first version of the SOFTWARE licensed (this satisfaction guarantee does not include updates or customer programmed software). For thirty (30) days after initial purchase of the first version of the SOFTWARE licensed, if CUSTOMER is not satisfied, CUSTOMER may either: (a) stop using the software and remove any SOFTWARE files or programs on CUSTOMER’s system, and return all SOFTWARE and documentation to TAC for a refund of the purchase prices of the first version only of any SOFTWARE purchased within said thirty (30) day period or (b) request repair and replacement of any defective module(s) by TAC. EXCEPT FOR THIS THIRTY (30) DAY SATISFACTION GUARANTEE, ALL SOFTWARE IS LICENSED “AS IS” AND TAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, THAT MAY ARISE EITHER BY THE PARTIES PREVIOUS AGREEMENTS OR BY OPERATION OF LAW, INCLUDING WITHOUT LIMIATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TAC MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHERWISE HARMFUL CODE, OR THAT THE SOFTWARE WILL BE ERROR-FREE.
DAMAGE DISCLAIMER: IN NO EVENT SHALL TAC BE LIABLE FOR ANY EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES CLAIMED BY THE CUSTOMER OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LOST PROFITS OR LOST BUSINESS OPPORTUNITIES DUE TO ANY NON PERFORMANCE OF THE SOFTWARE, RELATED HARDWARE OR FAULT IN THE SERVICES THAT TAC MAY PROVIDE TO SUPPPORT THE SOFTWARE, EVEN IF TAC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TERM: This License Agreement effective upon the earlier of: either (i) CUSTOMERS acceptance of TAC proposal form, (ii) CUSTOMER’s utilizing of any program operating the SOFTWARE, or (iii) the date CUSTOMER first uses the SOFTWARE, and shall continue until terminated. CUSTOMER may terminate this License Agreement by discontinue use of the SOFWARE and notifying TAC. TAC may terminate this License Agreement upon the breach by the CUSTOMER or any term hereof. Upon breach of this License Agreement by CUSTOMER, CUSTOMER agrees to stop using any SOFTWARE and uninstalling any copies of the SOFTWARE and discontinue all use.
TAXES: CUSTOMER is responsible for payment of any and all applicable taxes on the purchases of licenses, software hosted services, programming services, training, maintenance, support, and hardware invoices by TAC related to this License Agreement. TAC may bill CUSTOMER for any taxes that TAC believes it is required to collect from the CUSTOMER. If TAC is subsequently assessed a tax by a governmental agency on purchases made or services provided under this License Agreement, CUSTOMER agrees to provide evidence of payment of such tax to the governmental agency, or to pay such tax including any interest or penalties to TAC. If CUSTOMER does not make such payment of taxes or provide evidence of payment of such taxes to TAC or governmental agency within 30 days of written request from TAC, then CUSTOMER agrees to pay taxes and all additional costs of collection, including attorney and other collection fees incurred by TAC. Provided that TAC is solely responsible for TAC’s income, property, and employee taxes.
REVISION TO LICENSE AGREEMENT: The terms of the License Agreement may be periodically revised and updated by TAC upon issuance of updates or new versions of the SOFTWARE. If a new version of the SOFTWARE is accepted by CUSTOMER, CUSTOMER shall be deemed to have accepted the revised License Agreement associated with such new version and the definition of the “License Agreement” hereunder shall then include the revised License Agreement.
OTHER RESTRICTIONS: The License Agreement, together with TAC’s invoice showing number of sites, computer license codes and concurrent licensed SOFTWARE systems, or other written notices and/or certificates received from TAC should be retained as the CUSTOMER’s proof of its right to use the SOFTWARE. The CUSTOMER may not loan or lease the SOFTWARE to any third party, but the CUSTOMER may transfer all of its rights under this License Agreement on a permanent bases provided (a) the CUSTOMER transfers all of the SOFTWARE along with accompanying documentation, (b) the CUSTOMER retains no copies, (c) the recipient accepts the terms of this License Agreement. Upon such transfer, a relicensing fee may apply. CUSTOMER shall not reverse engineer, decompile, or disassemble the SOFTWARE. CUSTOMER assumes all responsibility for installation, use and results obtained by CUSTOMER from the SOFTWARE.
MISCELLANEOUS: This License Agreement is governed by the laws of the State of Tennessee without regard to its conflict of law principles. All disputes hereunder shall be resolved by the federal or state courts located in Knox County, Tennessee. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. Failure to enforce any rights granted herein shall not be deemed a waiver as to subsequent enforcement of such rights.
If any portion of this License Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this License Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that part of this License Agreement that is unlawful, void or unenforceable shall be stricken from this License Agreement.
Neither the rights nor obligations arising under this License Agreement are assignable by CUSTOMER. Any attempt to assign rights or obligations under this License Agreement will be void and without effect unless otherwise specified above.
ACKNOWLEDGMENT: CUSTOMER ACKNOWLEDGES HAVING READ THIS LICENSE AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CUSTOMER ALSO AGREES THAT THIS LICENSE AGREEMENT AND THE TAC INVOICE OR OTHER WRITTEN NOTICES AND/OR CERTIFICATIONS RECEIVED FROM TAC ENUMERATING THE NUMBER OF SYSTEM LICENSES TOGETHER COMPRISE THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR AGREEMENTS, VERBAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.