Sentinel Technologies – Terms of Service
Sentinel Technologies reserves the right to make unilateral modifications/alterations to these terms and will provide notice of these changes as described below. Any new features that augment or enhance the current Misentinel/misos Version, shall be subject to this Agreement. This Agreement applies to all users and others who access the Service, , whether on behalf of a company or on their own as an individual (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
PLEASE ALSO NOTE THAT BY USING ‘Misentinel/misos SCHEDULE MANAGER’ YOU REPRESENT AND WARRANT UNDER PENALTY OF PERJURY THAT;
Use of Misentinel/misos
This is a contract between you and Sentinel Technologies. You must read and agree to these terms before using the Service. If you do not agree, you may not use Misentinel/misos. You may use Misentinel/misos only if you can form a binding contract with Sentinel Technologies Ltd and only in compliance with this Agreement and all applicable local, national, and international laws, rules, and regulations.
Any use or access to Misentinel/misos by anyone under 16 is strictly prohibited and in violation of this Agreement. Any use of or access to Misentinel/misos by anyone under 18 is only permitted with the express written permission of such individual’s legal guardian, and, if necessary, you represent and warrant that you have received such permission. The Service is not designed for use by or in connection with anyone under the age of 18, and you accept all responsibility that may arise from your use of the Service in connection with any minors. The Service is not available to any Users previously removed from the Service by Sentinel Technologies Ltd.
The Service is designed for use by employers and employees in the United Kingdom, except for those other countries expressly supported as reflected in the Service.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use Misentinel/misos solely as permitted by the features of the Service, which may vary by User. Sentinel Technologies Ltd reserves all rights not expressly granted herein in the Service and Misentinel/misos Content. We may terminate this license or your access to Misentinel/misos at any time for any reason or no reason.
Your Misentinel/misos Environment
Your Misentinel/misos environment gives you access to the services and functionality that Misentinel/misos may establish and maintain at its sole discretion. We may maintain different types of accounts for different types of Users. If you open a Misentinel/misos account on behalf of yours or any other company, organization, charity or other entity, then (a) the “you”, as defined above, includes you as well as that entity, and (b) you represent and warrant that you are an authorized representative of the entity, as you have held yourself out as such, with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Misentinel/misos with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account within your environment without permission. When creating and maintaining your environment, you MUST provide accurate and complete information, and you must keep this information up to date. You are SOLELY responsible for the activity that occurs on your account, and you must keep your account passwords secure. Misentinel/misos strongly encourages you and your organisation’s users to use “strong passwords” (“Strong passwords” are routinely defined those passwords that use a combination of upper and lower-case letters, numbers, and symbols) for your Misentinel/misos account. It is ESSENTIAL that you notify Misentinel/misos immediately of any breach of security or unauthorized use of your environment. Sentinel Technologies will not be liable for any losses caused by any unauthorized use of your environment.
By providing Misentinel/misos with your email address and/or mobile number, you consent to Misentinel/misos using the email address and/or mobile number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. Misentinel/misos may also use your email address and/or mobile number to send you other messages, such as changes to features of Misentinel/misos and special offers. If you do not want to receive such email messages, you may opt out. However, please be aware that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Misentinel/misos – Use of Service Rules and Restrictions
The following prohibited activities and you agree NOT to engage in any of them:
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current or (ix) violates any company, employer or other applicable policy.
You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of privacy or other rights of Misentinel/misos or any third party.
Misentinel/misos reserves the right, but is not obligated to, reject and/or remove any User Content that Misentinel/misos believes, in its sole discretion, violates any of these provisions or is otherwise unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable. You understand that publishing your User Content on the Service is not a substitute for registering it with any other rights organization.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
If applicable, you have the consent and appropriate rights in the User Content to use your employer’s logos, trademarks, trade names or service marks in the manner contemplated by Misentinel/misos or this Agreement.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and Misentinel/misos’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Misentinel/misos may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Misentinel/misos takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Misentinel/misos shall not be liable for any damages you allege to incur because of or relating to any User Content.
By posting or otherwise making available any User Content on or through Misentinel/misos, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Misentinel/misos a royalty-free, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use solely in connection with performance of the Service and delivery of your Misentinel/misos environment.
Misentinel/misos’ s Mobile Apps
Sentinel Technologies Ltd may make available software to access Misentinel/misos via a mobile device (“Misentinel/misos App”). To use the Misentinel/misos App you must have a mobile device that is compatible with the Misentinel/misos App. Misentinel/misos does not warrant that the Mobile Apps will be compatible with your mobile device. You may use mobile data in connection with the Misentinel/misos App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Misentinel/misos hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Misentinel/misos App for one Misentinel/misos environment on one mobile device owned or leased solely by you, and in accordance with the features made available to you.
You may not: (i) modify, disassemble, decompile or reverse engineer the Misentinel/misos App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Misentinel/misos App to any third party or use the Misentinel/misos App to provide time sharing or similar services for any third party; (iii) make any copies of the Misentinel/misos App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Misentinel/misos App, features that prevent or restrict use or copying of any content accessible through the Misentinel/misos App, or features that enforce limitations on use of the Misentinel/misos App; or (v) delete the copyright and other proprietary rights notices on the Misentinel/misos App. You acknowledge that Sentinel Technologies may from time-to-time issue upgraded versions of the Misentinel/misos Software & Misentinel/misos App and may automatically electronically upgrade the version of the Misentinel/misos App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the Misentinel/misos App is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of the Misentinel/misos App or any copy thereof, and Misentinel/misos or its third-party partners or suppliers retain all right, title, and interest in the Misentinel/misos App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Misentinel/misos reserves all rights not expressly granted under this Agreement.
Misentinel/misos Mobile Software provided from App Store by Apple
The following applies to any Mobile Software you acquire from the App Store (“App Store Sourced Misentinel/misos Software”): You acknowledge and agree that this Agreement is solely between you and Misentinel/misos, not Apple, and that Apple has no responsibility for the App Store Sourced Misentinel/misos Software or content thereof. Your use of the App Store Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Misentinel/misos Software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store Sourced Misentinel/misos Software or your possession and/or use of the App Store Sourced Misentinel/misos Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Misentinel/misos Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Misentinel/misos as provider of the software.
You acknowledge that, in the event of any third-party claim that the App Store Sourced Misentinel/misos Software or your possession and use of that App Store Sourced Misentinel/misos Software infringes that third party’s intellectual property rights, Misentinel/misos, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Misentinel/misos acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App Store Sourced Misentinel/misos Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the App Store Sourced Misentinel/misos Software against you as a third party beneficiary thereof.
Misentinel/misos App from Google Play Store
The following applies to any Mobile Software you acquire from the Google Play Store (“Google Sourced Misentinel/misos App”): (i) you acknowledge that the Agreement is between you and Misentinel/misos only, and not with Google, Inc. (“Google”); (ii) your use of Google Sourced Misentinel/misos Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google Sourced Misentinel/misos Software; (iv) Misentinel/misos, and not Google, is solely responsible for its Google-Sourced Misentinel/misos Software; (v) Google has no obligation or liability to you with respect to Google Sourced Misentinel/misos Software or the Agreement; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Agreement as it relates to Misentinel/misos’s Google Sourced Misentinel/misos Software.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (“Misentinel/misos’s Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Misentinel/misos and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Misentinel/misos’s Content. Use of the Misentinel/misos’s Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”).
By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Misentinel/misos under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Misentinel/misos does not waive any rights to use similar or related ideas previously known to Misentinel/misos, or developed by its employees, or obtained from sources other than you. Property of Misentinel/misos The Service contains data, information, and other content not owned by you, such as reputational or status indicators (“Sentinel Technologies’ Property”).
You understand and agree that regardless of terminology used, Sentinel Technologies’ Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Sentinel Technologies’ sole discretion. Sentinel Technologies’ Property is not redeemable for any sum of money or monetary value from Sentinel Technologies at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Misentinel/misos on our servers, including without limitation any data representing or embodying any or all your Misentinel/misos’s Property.
You agree that Sentinel Technologies has the absolute right to manage, regulate, control, modify and/or eliminate Misentinel/misos’s Property as it sees fit in its sole discretion, in any general or specific case, and that Sentinel Technologies will have no liability to you based on its exercise of such right. All data on Misentinel/misos’s servers are subject to deletion, alteration, or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. Misentinel/misos DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment term above. Please note that a valid company account & VAT details are required for paying accounts. All the bills will be generated on monthly basis and sent to your specified email account as invoice. The payments are set out above in the costs section.
Misentinel/misos may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion, including, but not limited to, changing the monthly subscription plan fees for the Service. Misentinel/misos shall provide 30 days’ notice before any change to our pricing or payment terms by providing you notification of your current payment terms. Such notice may be provided at any time by posting the changes to the Misentinel/misos.co.uk website or the Service itself.
There aren’t any Refunds
You may cancel your Misentinel/misos account at 30 days’ notice; however, there are no refunds for cancellation. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, credit balances, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. In the event that Misentinel/misos suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any Misentinel/misos’s Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
Taxes & Payment Information
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Misentinel/misos must be accurate, complete, and current. You agree to pay all charges incurred by users of your payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible and pay any applicable taxes, levies or duties, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Payment shall be in the form you select when you register for Misentinel/misos, or as subsequently updated as permitted by Sentinel Technologies Ltd. We reserve the right to withhold payment or charge back to your account any amounts otherwise due to us under this Agreement or amounts due to any breach of this Agreement by you, pending Misentinel/misos’ s reasonable investigation of such breach. We also reserve the right to withhold payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service.
If you dispute any payment made hereunder, you must notify us in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to do so, notify Sentinel Technologies shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by Misentinel/misos. No other measurements or statistics of any kind shall be accepted by Misentinel/misos or have any effect under this Agreement, and you shall have no audit rights hereunder. We may withhold any taxes or other amounts from payments due to you as required by law.
Cancellation or Termination
You are solely responsible for properly cancelling your account. Currently only a read receipted email or phone request to cancel your account is considered cancellation. Once you cancel your account or your Misentinel/misos environment, you will no longer have any access to your User Content or other account information.
All of your User Content will be promptly deleted from Misentinel/misos upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel Misentinel/misos before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Sentinel Technologies Ltd, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Misentinel/misos, or any other Misentinel/misos service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.
Trademarks and Site Name Squatting
We reserve the right to reclaim site names or sub-domains on behalf of businesses or individuals that hold legal claim or trademark on those names, or otherwise have an interest in such names. Accounts using business names and/or logos that that we determine, in our sole discretion, mislead or could mislead others will be subject to suspension at our discretion.
You may not engage in site name squatting. Accounts that are inactive for more than thirty (30) days may also be removed at Sentinel Technologies’ discretion and without further notice.
Consent and Text Messaging
Adding Employees & Consent
Misentinel/misos makes it easy for you to add employees to your Misentinel/misos environment so that you can manage your schedule and exchange messages with each other. YOU REPRESENT AND WARRANT TO US THAT EACH PERSON YOU ADD TO YOUR Misentinel/misos ENVIRONMENT HAS CONSENTED TO BE ADDED TO THE ACCOUNT AND TO RECEIVE ADMINISTRATIVE MESSAGES FROM Misentinel/misos AND TEXT MESSAGES FROM YOU AND ANYONE ELSE ASSOCIATED WITH THE ACCOUNT.
Consent to Receive Periodic Messages from Misentinel/misos
As part of the Service, Misentinel/misos sometimes causes administrative messages to be sent to users, including both employers and employees. For example, upon adding a new employee to an employer’s Misentinel/misos account, the new employee will receive a welcome message, instructions on how to register for the Service, and a link with more information about the service. Misentinel/misos may send other administrative messages as well. By signing up for a Misentinel/misos environment you agree to receive email and App messages from us.
Misentinel/misos uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Links to Third Parties and Information
You agree to defend, indemnify and hold harmless Misentinel/misos and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct; or (vii) any other party’s access and use of the Service (or access and use of any third-party service via the Service) with your unique username, password or other appropriate security code.