Privacy Policy

Austin Sigma, Inc. Privacy Policy

Last updated September 30, 2016.

This Privacy Policy (the “Policy”) describes how Austin Sigma, Inc., its affiliated companies, and its authorized agents, employees, and assignees (collectively, “Austin Sigma”) collect, use, and disclose personal information through (i) mach10crm.com and other websites owned or operated by Austin Sigma (collectively, the “Sites”), and (ii) Austin Sigma’s mobile applications, including but not limited to the Mach10CRM product (collectively, the “Apps”). Each individual or entity that engages with Austin Sigma’s Sites or Apps (each, a “Customer”) expressly agrees to the practices described in this Policy by virtue of such engagement, and agrees that such Customer has read and understood this Policy. In the event that a Customer disagrees with this Policy, such Customer should cease all use of the Sites and the Apps.

This Policy does not apply to websites or mobile applications that display or link to different privacy statements. Websites and applications co-branded with other partners may display or link to a joint privacy statement or separate privacy statements of Austin Sigma’s partners in addition to this Policy.

What Type of Information Does Austin Sigma Collect?

Personal Information of the Customer that may be collected by Austin Sigma may include:

  • Name, postal address, phone number and e-mail address;
  • Device-specific information regarding the mobile device(s) used by Customer, including hardware model, operating system version, and unique device identifiers;
  • Log-in information regarding the email provider(s) used by Customer, including credentials, server location, email format, mailbox structure, and other account setup information;
  • Demographic information and information regarding subjects that may interest the Customer, if the Customer took a survey or interacted with Austin Sigma in any way.

Austin Sigma may automatically collect Site and App usage information (collectively, the “Usage Information”). The Usage Information may include information about the Customer, including: Internet service provider, operating system, browser type, domain name, Internet protocol (IP) address, access times, websites that referred the Customer to Austin Sigma, webpages requested and the date and time of those requests, and data requests through the Apps and the date, time, and volume of such requests. The collection of the Usage Information may involve the use of cookies, web beacons, and other unique identifiers used to track the Customer. In addition, the Sites and the Apps may use targeting cookies, and/or in-App analytics, to see which features are popular and to analyze the way in which features are used by all Customers.

Austin Sigma may use web beacons (electronic images) or local shared objects (Flash cookies) on the Sites or in the Apps to deliver cookies, count visits, understand Customer usage, and to recognize whether a function of an App has been used. Personal information cannot be collected via cookies and other tracking technology; however, Usage Information can be tied to a Customer’s cookies or the Customer’s local copy of an App.

The Customer may choose to remove or reject cookies from the Sites, but doing so will affect many features or services on the Sites. The Customer may not disable tracking or analytical functions that are embedded in the Apps. Austin Sigma may also collect aggregated data or anonymized data that does not personally identify the Customer. Austin Sigma may combine information collected about the Customer with information collected about other users of the Sites and/or Apps.

Austin Sigma does not access or store the contents of any of Customer’s emails, text messages, notes, or other communications between Customer and third parties that are processed by the Apps.

How Does Austin Sigma Use Information About the Customer?

Austin Sigma may use information about the Customer for purposes described in this Policy, or disclosed on the Sites or during the Apps. For example, Austin Sigma may use information about the Customer to:

  • Process and manage the Customer’s purchase and use of the Apps;
  • Respond to customer service inquiries, post Customer comments or statements on any blog or online forum maintained on the Sites, or take other actions in response to the Customer’s inquiries or other Site or App activities; and
  • Communicate with the Customer about the Austin Sigma brands, products, events or other promotional purposes, including co-branded offers and affiliate and partner offers.

The Customer agrees that Austin Sigma may use the information about the Customer collected in accordance with this Policy in its sole discretion. No compensation will be paid to the Customer or any other person as a result of Austin Sigma use of such information. The Customer waives any right to inspect or approve the information or Austin Sigma’s use of such information, whether the collection of information or the manner in which such information was or is to be used was known or unknown to the Customer. The Customer releases Austin Sigma from all claims, demands and liabilities whatsoever in connection with or related to personal information collected under this Policy.

Austin Sigma stores Customer’s account information (including usernames, passwords, and other setup data) on Austin Sigma’s systems in encrypted format, and such information can only be unencrypted by using Customer’s encryption key. Customer controls the access to such key, and without such key Austin Sigma cannot access or provide lost passwords, lost usernames, or other account information of Customer.

Does Austin Sigma Share Personal Information with Third Parties?

Austin Sigma shares personal information with third parties in limited ways by:

  • Sharing personal information about the Customer with others with the Customer’s consent;
  • Sharing information with companies that provide support services to Austin Sigma (such as credit card processors, server hosts, or website hosts) and that help market the products and Apps (such as email vendors), which companies may use information about the Customer to perform their functions on behalf of Austin Sigma;
  • Disclosing specific information (i) upon lawful request, in response to legal process, and when required to comply with laws, (ii) to enforce Austin Sigma’s agreements, corporate policies, and terms of use, or (iii) to protect the rights, property or safety of Austin Sigma, the Customers and others;
  • Sharing personal information posted on the Sites with other forum participants and Site visitors if the Customer participates in any blog or online forum on the Sites; and
  • In the event of a merger, acquisition, financing, or sale of assets, or any other situation involving the transfer of some or all of the business assets, Austin Sigma may disclose usage information to those involved in the negotiation or transfer.

What Choices Does Austin Sigma Offer About Personal Information?

Austin Sigma allows the Customer to update or change personal information as well as communication methods by Austin Sigma to the Customer. To request a change, the Customer can follow the opt-out instructions in promotional emails.

If the Customer opts-out of receiving promotional communications, Austin Sigma may still send non-promotional communications, including emails about the Customer’s accounts and ongoing business relations.

How is Personal Information Secured?

Austin Sigma takes reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of Customers’ personal information. Most of Customer’s personal information is stored in encrypted format, and can only be accessed by Customer through the Apps (and cannot be accessed by Austin Sigma directly).

While we take these reasonable efforts to safeguard personal information, no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

Privacy Policy Updates

Austin Sigma may update this Policy from time to time. To update, Austin Sigma will post the new privacy policy on this page and change the date at the top of the policy. Austin Sigma encourages the Customer to check the date of the Policy when visiting any Site, or utilizing any App, for any updates or changes to this Policy. The Customer will not be personally notified of any modified versions of the Policy.

Questions and Feedback

Austin Sigma welcomes your questions, comments and concerns about privacy.

Austin Sigma can be contacted online at www.mach10crm.com, by email at support@mach10crm.com, or by postal mail at Austin Sigma, Inc., 10375 Richmond Avenue, Suite 2100, Houston, Texas 77042.

Terms & Conditions

Mach10CRM
TERMS AND CONDITIONS

These Terms and Conditions (these “Terms”) apply to all Access to and/or use of the App, and constitute an agreement between Austin Sigma, Inc., a Texas corporation (“Austin Sigma”), and each individual or entity that Accesses the iOS application commonly referred to as “Mach10CRM” (each, a “User”). By Accessing the App, User expressly agrees that it has read, understands, and agrees to be bound by these Terms.

ARTICLE I: UPDATES TO TERMS

The User expressly agrees that Austin Sigma may, at any time, and from time to time, modify, amend, supplement, or replace these Terms, in its sole discretion, and a User’s subsequent Access of the App shall constitute such User’s agreement to the modified, amended, supplemented, or replaced Terms. A User’s sole and exclusive remedy for disagreeing with changes to these Terms shall be the immediate cessation of Access to or use of the App.

ARTICLE II: PERMITTED USE OF APP

2.01 – Grant of License: Austin Sigma hereby grants to User a personal, non-exclusive and non-transferable license to Access and receive the App on User’s mobile device, and use the Documentation, including but not limited to Access to the App via any computer device (including mobile devices and tablets) as Austin Sigma may permit from time to time. This license may be revoked by Austin Sigma at any time, in its sole discretion, if Austin Sigma reasonably believes that User has violated these Terms.

2.02 – Changes: At any time, and from time to time, Austin Sigma may make updates, enhancements, or other modifications to the App by adding or subtracting functionality, in its sole discretion. Austin Sigma may provide such updates, enhancements, or modifications to User at no cost; or, in Austin Sigma’s sole discretion, Austin Sigma may provide such updates, enhancements, or modifications to User for a separate fee, as determined by Austin Sigma in its sole discretion.

2.03 – Limitation on Access: This license grants User the right to use the App on only one tablet or mobile device. User shall not copy, download, or create a mirror of any component of the App. User shall not use the App on more than one tablet or mobile device, without purchasing a separate license for each instance.

2.04 – Access Control:

(a) User may create its own Credentials for purposes of Accessing the App. User hereby accepts full responsibility for, and shall be liable for, all Access to the App in connection with its Credentials, any and all damages caused by Unauthorized Access using its Credentials, and all expenses or damages incurred by Austin Sigma in maintaining the security of User’s Credentials, including but not limited to resetting a password or dealing with or preventing Unauthorized Access. User shall Access the App only using its own Credentials, and shall not use the Credentials of any other individual or entity. User shall be responsible for the confidentiality and maintenance of its Credentials.

(b) Upon creation of User’s account, User shall be assigned an encryption key for purposes of securing User’s Credentials and User Content. its own Credentials for purposes of Accessing the App. User hereby accepts full responsibility for the security of such encryption key, and acknowledges and agrees that Austin Sigma may not retrieve, access, or duplicate such encryption key in the event it is misplaced or deleted. User accepts the risk of loss of all User Content in the event User’s encryption key is misplaced or deleted.

(c) User agrees to immediately notify Austin Sigma of any unauthorized use of the User’s name or Credentials or any other breach of security. Austin Sigma will not be liable for any loss or damage arising from any User’s failure to comply with this Section.

2.05 – Back-Up: Austin Sigma may, from time to time, perform routine back-up of Data within the App, including User Content, using commercially reasonable measures. Austin Sigma may keep and/or dispose of such back-ups in its sole discretion. Austin Sigma’s maintenance of any back-ups are solely for its own use, and Austin Sigma does not guarantee that any Data will be preserved and/or maintained for any period of time, nor does Austin Sigma agree to permit the use of such backups for User’s convenience.

2.06 – Security, Risk of Loss, and Inaccuracies: User assumes the risk of loss to all Data within the App.

(a) Although Austin Sigma attempts to ensure that the App does not corrupt, delete, or otherwise modify any Data stored in or processed by the App, User acknowledges and agrees that the User Content may contain errors, inaccuracies, and omissions. User further assumes any and all risk of loss, harm, or damage associated with Access to the App and all Third Party Content. Without limiting the foregoing, User acknowledges and User accepts the sole responsibility of utilizing any information derived from the App.

(b) Austin Sigma shall take commercially reasonable measures to ensure the security of the App and all User Content. Notwithstanding the foregoing, User acknowledges and agrees that there is a risk that the App and/or the User Content may be hacked, modified, altered, copied, deleted, transferred, or Accessed by third parties, including Unauthorized Users, without User’s consent. User agrees to indemnify, defend, and hold Austin Sigma harmless from and against any liability that Austin Sigma may incur relating to such Unauthorized Access.

2.07 – Support: Austin Sigma may provide email, telephone, and other technical support for the App, upon request by any User (collectively, “Support”) as Austin Sigma determines to provide, in its sole discretion. Austin Sigma may charge fees for Support, as detailed below. Austin Sigma reserves the right to discontinue providing any Support, or any levels of Support, at any time, in its sole discretion.

ARTICLE III: MODULES AND USER CONTENT

3.01 – Modules: User’s license of the App includes the base Modules identified by Austin Sigma from time to time. Austin Sigma may permit User to add one or more Modules, on an a la carte basis, to the license of the App. Such additional Modules, if any, may be offered free of charge or at a per-Module price, which Austin Sigma may adjust in its sole discretion. User may not Access any Modules that are not included in User’s license without Austin Sigma’s consent. From time to time, User and Austin Sigma may modify the scope of User’s license of the App by adding or subtracting Modules from the App (provided, however, that the base Modules may not be removed from User’s license). Austin Sigma reserves the right, at any time, to: (a) change the base Modules that are included in the App, (b) change the price charged for any Module, (c) discontinue Support for any Module, (d) discontinue developing or enhancing any Module, and/or (e) discontinue any Module’s compatibility with the App.

3.02 – User Content: User may input, retrieve, and modify User Content in connection with the App and/or any one or more Modules. User shall not modify any Data or information contained within the App and/or any Module except User Content. User represents and warrants to Austin Sigma that it has the full right, title, and authority to view, use, and/or transmit through the App any content, material, or intellectual property incorporated into any User Content, including but not limited to attachments. This representation and warranty shall survive expiration of these Terms.

3.03 – User Input: User Input shall be the sole and exclusive property of Austin Sigma and Austin Sigma shall own all of the rights, title and interests to such User Input, including but not limited to any and all copyrights, patents and trade secrets related thereto. Austin Sigma reserves the right to sell, pursue, duplicate, alter, or otherwise modify any User Input, in its sole discretion.

3.04 – Excessive Usage: Austin Sigma reserves the right to limit the User Content that User Accesses through the App, based on unusual usage patterns, excessive usage (calculated in terms of volume of storage, frequency of access, or other metrics determined by Austin Sigma in its reasonable discretion), and/or limitations in Austin Sigma’s infrastructure. Such limiting may include, but is not limited to, throttling the speed of Access to the App, and rationing resources allocated to User.

3.05 – Availability: Evolver will use commercially reasonable efforts to ensure the continued functionality and operability of the App. In the event that the User is unable to Access the App and/or any User Content for a material length of time, Austin Sigma may determine, in its sole discretion, to provide User with a service credit for such period of unavailability. Service credits provided by Austin Sigma shall be automatically applied to User’s account, and may be calculated based on the proportion of the affected month during which the App was unavailable to User. Service credits provided under this Section shall take the form of a credit against future license fees, and are not refundable to User, even if User terminates its account prior to receipt or use of the service credits.

ARTICLE IV: TERM OF LICENSE

4.01 – Term and Renewal: The term of User’s license of the App shall begin on the date User installs the App on User’s mobile device or tablet, and shall continue for a period of 30 days. Unless User’s license has been terminated, as provided in these Terms, User’s license shall automatically renew for successive 30 day periods, provided that User has (a) prepaid the license fee, or otherwise has sufficient credit in User’s account to cover the license fee, for the subsequent 30-day period, or (b) pre-authorized Austin Sigma to charge User’s account for the license fee for the subsequent 30-day period. In the event that User does not pay for the subsequent 30-day license period, through insufficient credit in User’s account or otherwise, or in the event that User’s payment information is incorrect or rejected by the appropriate processor, User’s license and right of Access to the App shall terminate at the end of the then-current license term. If User’s payment for a 30-day period is rejected or otherwise made invalid after such 30-day period has begun, User’s license and right of Access to the App shall immediately terminate.

4.02 – Suspension/Deactivation: Austin Sigma may suspend, terminate, or block access to all or any part of the App, the Documentation, and/or the Web Site (including but not limited to disabling and denying User’s Credentials) if (a) Austin Sigma has reasonable cause to believe that User has violated these Terms; or (b) Austin Sigma reasonably determines that User’s continued Access to the App will lead to corruption, loss, or a violation of the confidentiality, of User’s, Austin Sigma’s, or a third party’s information. Upon termination of User’s Access to the App for any reason, Austin Sigma may retain, archive, remove, migrate, destroy, or convert (as the case may be) all User Content in its possession or stored in the App.

4.03 – Destruction of Content: Austin Sigma reserves the right to delete any and all User Content in the App after a sufficient period of inactivity by User, or after termination of User’s Access to the App, or as a result of User’s violation of these Terms, in Austin Sigma’s sole discretion.

ARTICLE V: PAYMENT

5.01 – License Fees: Austin Sigma shall charge User fees for the license of and Access to the App. All fees, both in dollar amounts and length of license, shall be in accordance with Austin Sigma’s standard pricing schedule in effect as of the date User first licenses the App (or, in the event of a renewal, on the date of such renewal). In the event that, at the time of any renewal, Austin Sigma has discontinued the pricing or package previously licensed by User, this license will renew at a package level that most closely corresponds with the package previously licensed by User, in Austin Sigma’s sole discretion. Austin Sigma reserves the right to offer discounts or promotions at any time, and/or to modify its pricing schedule between renewals.

5.02 – Support/Training Fees: Austin Sigma may, in its sole discretion, charge User fees for Support and/or training in connection with User’s Access to the App. Support and/or training may be charged on a fixed or hourly basis, at Austin Sigma’s then-current rates.

5.03 – Payment Terms: All fees and charges payable hereunder shall be paid in advance.

5.04 – Trial Periods: Austin Sigma may, from time to time, permit User to license the App on a free, discounted, promotional, “trial”, or other basis that differs from Austin Sigma’s standard pricing schedule. Upon expiration of such period, the term of User’s license shall automatically renew in accordance with Section 4.01, and the renewal term shall be in accordance with Austin Sigma’s standard pricing schedule in effect as of the date of renewal.

5.05 – Modification of Fees: Austin Sigma reserves the right to increase or decrease its fees at any time, and from time to time, in its sole discretion. Any modification of fees shall be prospective only, and shall not subject a User to additional charges for a license already purchased, or entitle User to any refund of previously paid fees.

5.06 – Taxes: User shall pay any and all applicable taxes relating to these Terms and its use of the App and/or any Support, including local and state excise, sales, privilege, storage, use delivery, or consumption taxes. User shall additionally be solely responsible for the collection and payment of any state or local sales tax associated with sales made using the App, and agrees to indemnify, defend, and hold Austin Sigma harmless from and against any liability that Austin Sigma may incur relating to such tax.

5.07 – Termination of License: In the event that User’s license of and/or Access to the App and/or any Module is terminated for any reason, Austin Sigma shall retain all amounts paid by User before the date of such termination, including any pre-payments, and User shall not be entitled to any refund. User specifically agrees that all fees and charges payable hereunder shall be deemed fully earned by Austin Sigma upon receipt.

5.08 – Payment Obligations: Termination of these Terms shall not relieve User from any payment obligation under these Terms. All payment obligations of User under these Terms shall survive termination and cancellation of these Terms.

5.09 – Chargeback Policy: In the event of a reversal of a credit or debit card charge made by User, as a result of a chargeback or dispute initiated by User, User shall be liable to Austin Sigma for the full amount of the charged back or disputed fees, plus all costs and expenses incurred by Austin Sigma in collecting such amounts, including attorney’s fees and collection costs. User acknowledges and agrees that in the event of any legitimate dispute regarding charges made by Austin Sigma, User shall resolve such matter with Austin Sigma directly. User is expressly forbidden from charging back or disputing valid credit or debit card charges in order to recover license fees owing to Austin Sigma hereunder.

ARTICLE VI: USER RESTRICTIONS

6.01 – Authorized Use: User shall prevent Unauthorized Users from Accessing the App, and User shall prevent Unauthorized Access to the App.

6.02 – Competing Business or App: User shall not purchase a license, gain Access, modify, or use the App or any materials incident thereto to operate or develop a business or App similar to Austin Sigma and/or the App, or to develop any software, applications, web sites, or other items that are similar to any Modules or other components of the App, without the prior written consent of Austin Sigma.

6.03 – Lawful Purpose: User represents and warrants that its Access to the App shall not violate any contract, statute, rule, regulation, or other obligation under which User is bound. User represents and warrants that it shall not Access the App to conduct or solicit the performance of any business or activity that is tortious or prohibited by law.

6.04 – Third-Party Complaints: Notwithstanding anything else herein to the contrary, in the event that Austin Sigma receives notice from a third party challenging User’s use of the App, Austin Sigma shall have the right to, without prior notice to User, disable, suspend, terminate, or deny access to the App, and/or immediately terminate User’s license of the App.

6.05 – Export Assurance: User shall not disclose, export, distribute, or transfer any part of the App to any third-party located in any country other than the United States. User shall not perform any act involving the App which is in conflict with or in violation of the export laws or regulations of the United States.

6.06 – Accurate Information: User represents and warrants that any and all information provided by it in connection with these Terms and the App, including but not limited to any User Content and information provided to Austin Sigma by User, are true, accurate, complete, and current.

6.07 – Indemnification: User shall indemnify, defend, and hold Austin Sigma harmless from and against any and all claims, liability, losses, damages, or expenses (including all attorneys’ fees and expenses) incurred by Austin Sigma resulting directly or indirectly from: (a) User’s use of or Access to the App; (b) any breach of these Terms by User; (c) User’s transmission of information through the App, and (d) any User Content. This provision shall survive the termination of these Terms.

ARTICLE VII: WARRANTIES AND LIABILITY

7.01 – EXCLUSION OF WARRANTIES: AUSTIN SIGMA MAKES NO WARRANTIES WITH RESPECT TO THE APP OR ANY COMPONENT THEREOF, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. AUSTIN SIGMA HEREBY DISCLAIMS AND USER HEREBY WAIVES ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THE APP AND ALL COMPONENTS THEREOF ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. USER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM OR THE ACCURACY OR RELIABILITY OF THE APP.

USER’S SOLE REMEDY, IN THE EVENT USER IS DISSATISFIED WITH THE APP IN ANY RESPECT, IS TO TERMINATE THIS LICENSE AND TO NOT RENEW OR CONTINUE ACCESSING THE APP. USER’S FAILURE TO TERMINATE THIS LICENSE, USER’S RENEWAL OF THIS LICENSE, AND/OR USER’S CONTINUED ACCESS OF THE APP SHALL CONCLUSIVELY EVIDENCE USER’S ACCEPTANCE OF THE APP.

7.02 – Limitation of Damages: Austin Sigma shall not be liable to User under these Terms for (a) any consequential, exemplary, incidental, lost profits, lost expenses, or punitive damages, regardless of whether Austin Sigma has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable; (b) the use, performance, or operation of the internet or User’s mobile device or tablet by User; (c) loss of the App or any component thereof (including but not limited to User Content or any Data), regardless of the form of action, whether in contract or tort, including negligence, regardless of whether Austin Sigma has been advised of the possibility of such damages in advance or whether such damages are reasonably foreseeable; (d) any failure to connect to or Access the App, for any reason whatsoever; or (e) any contracts or agreements entered into between User and any third party, whether or not such agreement was based on information provided through the App, arranged through the App, or otherwise, it being agreed that User is solely responsible for any and all agreements between itself and third parties. Any damages owed by Austin Sigma to User under any circumstances shall be strictly limited to the amount User has paid Austin Sigma over the previous twelve (12) month period in connection with User’s Access to and use of the App.

7.03 – Force Majeure: Austin Sigma shall not be liable to User for failing to perform its obligations under these Terms because of circumstances beyond the control of Austin Sigma. Such circumstances shall include, but not be limited to, any acts or omissions of any government or governmental authority, natural disaster, act of a public enemy, riot, sabotage, dispute or differences with workmen, power failure, acts of God, terrorism, or any events reasonably beyond the control of Austin Sigma.

7.04 – Waiver of Warranties: User hereby acknowledges and agrees that Austin Sigma and any officers, employees, agents, directors, and independent contractors of Austin Sigma have not made or granted to User any express warranties concerning the App.

7.05 – Third Party Content: User hereby acknowledges and agrees that Austin Sigma may incorporate, link to, or integrate Third Party Content into the App, and that Austin Sigma makes no warranties of any kind, express or implied, with respect to such Third Party Content. All Third Party Content is provided to User “As Is”, and with all faults, and User acknowledges and accepts the risk of Accessing such Third Party Content.

ARTICLE VIII: INTELLECTUAL PROPERTY

8.01 – Ownership and Title: Title to the App, including ownership rights to associated report formats, screen displays, menu features, source code, patents, copyrights, trademarks and trade secrets therein shall be the exclusive property of Austin Sigma.

8.02 – Confidential Information: User shall not disclose Confidential Information except to Authorized Persons. User shall hold Confidential Information in strict confidence and shall not duplicate, use or disclose Confidential Information except as permitted under these Terms.

8.03 – Trade Secrets: User hereby acknowledges and agrees that the Confidential Information derives independent economic value (actual or potential) from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; are the subject of reasonable efforts under the circumstance to maintain their secrecy; and are trade secrets of Austin Sigma. This Section shall survive the termination of these Terms.

8.04 – Reverse Engineering: User shall not disassemble, decompile or otherwise reverse engineer the App, or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the App (except and only to the extent this clause is expressly prohibited by applicable law); remove any names, designations, trademarks or notices from the App; or allow any third party to do any of the foregoing.

8.05 – Copies: User shall not copy any portion of the App or the Documentation without the prior written consent of Austin Sigma. Austin Sigma may make back-up copies of identified portions of the User Content available to User if, in Austin Sigma’s sole discretion, such back-ups are necessary for User’s use of the App.

8.06 – Modifications and Advancements: User shall not modify any portion of the App, including but not limited to the source code of the App, without the prior written consent of Austin Sigma. Austin Sigma shall not be required to update or modify any part of the App. Any and all Advancements shall be and become the property of Austin Sigma, without compensation to User, whether or not such Advancements are created by Austin Sigma, by User, and/or are the result of any suggestions, recommendations, or requests from User. Austin Sigma shall have the right, but not the obligation, to prepare, file, and prosecute both domestic and foreign patent applications on any such Advancements which appear to be patentable, and shall bear all costs thereof. User shall cooperate, to the extent reasonably requested by Austin Sigma, in securing data and signatures to enable the prompt filing and prosecution of patent applications on such Advancements.

8.07 – No Contest: User shall not contest or aid in contesting the ownership or validity of the trademarks, service marks, trade secrets, or copyrights of Austin Sigma, including but not limited to those relating to the App.

8.08 – License of User Content: Solely for the purpose of User’s Access to the App, User hereby grants to Austin Sigma a royalty­free right to access, store, reproduce, display, handle, perform, transmit, test, or otherwise use all User Content. By providing User Content to Austin Sigma, User warrants that: (a) it has a good faith belief that Austin Sigma may access, store, reproduce, display, handle, perform, transmit, test or otherwise use such materials consistent with all applicable laws, regulations, and statutes, including but not limited to the Health Insurance Portability and Accountability Act of 1996 and the Gramm­Leach-Bliley Act; and (b) the provision of such information or materials does not conflict with or result in a breach or default of any term or provision of any agreement, obligation or duty to which User is a party or is bound.

8.09 – Continuation: The terms and provisions of this Article shall survive termination and cancellation of these Terms.

ARTICLE IX: MISCELLANEOUS

9.01 – Assignments: All assignments of rights under these Terms by User without the prior written consent of Austin Sigma shall be void. Austin Sigma reserves the right to assign all of its rights under these Terms, and all User Content, to any individual or entity designated by Austin Sigma.

9.02 – Entire Terms: These Terms contain the entire understanding of the parties concerning the subject matter hereof.

9.03 – Amendments and Modifications: These Terms may only be amended, altered, or modified with the written consent of Austin Sigma. Austin Sigma may alter, amend, or modify these Terms upon written notice to User. Any oral amendment, alteration, or modification shall be void.

9.04 – Severability: If any provision of these Terms are rendered invalid, the remaining provisions shall remain in full force and effect.

9.05 – Captions: The headings and captions of these Terms are inserted for reference convenience only and do not define, limit or describe the scope or intent of these Terms or any particular section, paragraph, or provision.

9.06– Governing Law: These Terms are governed by the laws of the State of Texas. User hereby consents to the exclusive jurisdiction and venue of courts in Harris County, Texas in all disputes arising out of or relating to these Terms.

9.07 – Waiver: Waiver of breach of these Terms shall not constitute waiver of another breach. Failure to enforce a provision of these Terms shall not constitute a waiver or create an estoppel from enforcing such provision.

9.08 – Relationship of the Parties: It is agreed that the relationship of the parties is that of licensor and licensee. Nothing herein shall be construed as creating a partnership, an employment relationship, a joint venture, or an agency relationship between the parties, or as authorizing either party to act as agent for the other. User is permitted to use the Austin Sigma name only for the purposes of utilizing the App, as provided herein. User has no right to use the Austin Sigma name, logo, trademarks, or other intellectual property for any other purpose. User will not suggest to any other User or to any other third party that User is acting on behalf of Austin Sigma or that Austin Sigma has approved of or endorses its products or Apps.

ARTICLE X: DEFINITIONS

In addition to the terms defined elsewhere in these Terms, the following terms shall have the following meanings:

(1) Access: The term “access” and variants thereof (including, without limitation, “Accessing” and “Accessible”) shall mean to store data in, retrieve data from, or otherwise approach or make use of (directly or indirectly) through electronic means or otherwise.

(2) Advancements: The term “Advancements” shall include all modifications, improvements, additions, or variations to the App, the Documentation, and/or the Web Site, including but not limited to new Modules, regardless of whether such items were created, paid for, and/or inspired by Austin Sigma, User, or any third party.

(3) App: The term “App” shall mean that certain executable source code package created and maintained by Austin Sigma as the iOS application commonly known as “Mach10CRM”, including any modifications thereto, which enables an individual User the ability to manage his, her, or its email and text communications through a stand-alone customer relationship manager (CRM) tool. The term “App” includes any applications, services, Modules, scripts, and other executable packages that are part of the App.

(4) Authorized Person: The term “Authorized Person” shall mean any User and any person or organization who is authorized in writing by Austin Sigma to receive Confidential Information and who agrees to maintain the confidentiality of such Confidential Information.

(5) Confidential Information: The term “Confidential Information” shall mean these Terms, the App, the Web Site, all Documentation, any Other Terms and Conditions, and any and all other information disclosed by Austin Sigma to User which is proprietary or confidential at the time such information comes into the possession or knowledge of User and which is not: (i) already known to User; (ii) in the public domain; (iii) conveyed to User by a third party without obligations of confidentiality; (iv) released by Austin Sigma without restriction; (v) independently developed by User; or (vi) required by court order to be released by User.

(6) Credentials: The term “Credentials” shall mean any authenticating credentials (e.g. a username and password) assigned by Austin Sigma to a User, or generated by such User, for purposes of Accessing the App.

(7) Data: The term “Data” shall mean any and all data and information used, stored on or transmitted through the App, including (without limitation) all User Content.

(8) Documentation: The term “Documentation” shall mean any and all written manuals, user’s guides, tool tips, “Help” functions, and Other Terms and Conditions, as made available to User by Austin Sigma in printed or electronic form as part of, or ancillary to, the App or the Web Site.

(9) Module: The term “Module” shall mean a discrete (i) software package, extension, tool, or add-on, (ii) enhancement, modification, or additional features for another Module, or (iii) Support, training, or other non-software aspect of the App; each of which can be added to or removed from the App at any time, or from time to time.

(10) Other Terms and Conditions: The term “Other Terms and Conditions” shall mean any written statement of policies (in printed or electronic form) concerning User’s Access to the Web Site, the Documentation, and/or the App, as may be adopted by Austin Sigma and as modified by Austin Sigma from time-to-time.

(11) Permitted Use: The term “Permitted Use” shall mean (i) managing User’s email and text communications, or (ii) evaluating the performance, utility, and functions of the App.

(12) Technology: The term “Technology” shall mean any and all information, data, applications, methodologies, techniques, ideas, solutions, processes, adaptations, products, concepts, procedures, works of authorship, applications, software, web sites, scripts, documentation, flow charts, diagrams, software libraries, databases, data structures, data models, data dictionaries, fields, records, screen displays and graphic interfaces.

(13) Third Party Content: The term “Third Party Content” shall mean Technology owned by a third party that is incorporated in whole or part into the App, or linked to the App, including but not limited to encryption Technology.

(14) Unauthorized Access: The term “Unauthorized Access” shall mean any Access to the App, the Documentation, or the Web Site except for the Permitted Use. The term “Unauthorized Access” shall also mean any Access to the App, the Documentation, or the Web Site that is in violation of these Terms, the Documentation, or any Other Terms and Conditions, or that is conducted without the consent of Austin Sigma or User.

(15) Unauthorized User: The term “Unauthorized User” shall mean any individual who Accesses the App, the Documentation, or the Web Site except for Users authorized by Austin Sigma to Access the App for the Permitted Use.

(16) User Content: The term “User Content” shall mean any and all data and information created by, stored in, input into, or transmitted through the App by a User, including but not limited to email and text communications, and User’s settings and preferences for the App.

(17) User Input: The term “User Input” shall mean any enhancements, ideas, feedback, responses, requests, and other proposed modifications to the App and/or any Module suggested, proposed, or requested by User.

(18) Web Site: The term “Web Site” shall mean any web site developed by or for Austin Sigma for use of promoting and/or interfacing with the App, which is Accessible by a User via the internet, including all electronically stored information and/or communications stored on or transmitted through such Web Site.

Software License

Austin Sigma Inc’s 3rd Party Software Disclosure Re Mach10CRM Software

Certain aspects of Austin Sigma Inc.’s (“Austin Sigma”) services and software, including its Mach10CRM software, incorporate third party code licensed to Austin Sigma for use and under open-source and other licenses. Below is a list of disclosures and disclaimers associated with each component. Terms and conditions of certain licenses may be applicable to your use of Austin Sigma’s Mach10CRM software as set forth below.

This list is updated from time to time and may not be complete. All information herein is provided “AS IS.” Austin Sigma and the developers of its Mach10CRM software make no representations or warranties, express or implied with regard to this list, it’s accuracy or completeness or with respect to use or distribution of this list. By using or redistributing this list, you agree that Austin Sigma, its employees, officers and the developers of its Mach10CRM software shall not be held liable for any damages resulting from any use or distribution of this list.

1. Masonry

https://github.com/Snapkit/Masonry
Copyright (c) 2011-2012 Masonry Team

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

2. Carthage

https://github.com/Carthage/Carthage
Copyright (c) 2014 Carthage contributors
The MIT License (MIT)
https://github.com/Carthage/Carthage/blob/master/LICENSE.md

3. Charts

https://github.com/danielgindi/Charts
Apache License Version 2.0 January 2004
http://www.apache.org/licenses/LICENSE-2.0

4. Realm

Copyright (c) 2011-2014 Realm Inc
Apache License Version 2.0 January 2004
http://www.apache.org/licenses/LICENSE-2.0
Realm Core Binary License
Copyright (c) 2011-2014 Realm Inc All rights reserved

Redistribution and use in binary form, with or without modification, is permitted provided that the following conditions are met:

1. You agree not to attempt to decompile, disassemble, reverse engineer or otherwise discover the source code from which the binary code was derived. You may, however, access and obtain a separate license for most of the source code from which this Software was created, at http://realm.io/pricing/.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

EXPORT COMPLIANCE

You understand that the Software may contain cryptographic functions that may be subject to export restrictions, and you represent and warrant that you are not located in a country that is subject to United States export restriction or embargo, including Cuba, Iran, North Korea, Sudan, Syria or the Crimea region, and that you are not on the Department of Commerce list of Denied Persons, Unverified Parties, or affiliated with a Restricted Entity.

You agree to comply with all export, re-export and import restrictions and regulations of the Department of Commerce or other agency or authority of the United States or other applicable countries. You also agree not to transfer, or authorize the transfer of, directly or indirectly, the Software to any prohibited country, including Cuba, Iran, North Korea, Sudan, Syria or the Crimea region, or to any person or organization on or affiliated with the Department of Commerce lists of Denied Persons, Unverified Parties or Restricted Entities, or otherwise in violation of any such restrictions or regulations.

5. MailCore 2

https://github.com/MailCore/mailcore2/
Copyright (C) 2001 - 2013 - MailCore team

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the MailCore project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHORS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.