Welcome to GOVmotus®

THANK YOU FOR CHOOSING TO USE GOVmotus® software.

YOUR USE OF THE GOVmotus® PRODUCT, SOFTWARE, SERVICES, AND WEBSITES (COLLECTIVELY REFERRED TO AS THE “SERVICE”) WILL BE GOVERNED BY THE IBTS SOFTWARE AS A SERVICE SUBSCRIPTION AGREEMENT (THE “SAAS AGREEMENT”) AND BY THE FOLLOWING TERMS OF USE. “YOU” OR “YOUR” REFERS TO EACH AUTHORIZED USER OF THE SERVICE. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND EACH OF THE FOLLOWING TERMS.

IBTS is the provider of the Service, which permits You to utilize certain internet services, including all modules and portals, and makes it accessible on Your compatible devices and computers, and certain location based services. You may use the Service only under the terms and conditions set forth in this Agreement. As soon as You commence using GOVmotus® services, Your data/information will be automatically sent to and stored by IBTS.

REQUIREMENTS FOR USE OF THE SERVICE

The Service is available to selected jurisdiction staff and all city individuals based on roles. Use of the Service requires compatible computers, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. IBTS reserves the right to limit the number of Accounts that may be associated with any field-grade inspection device. Internet access is necessary for use. The latest version of the required software/browser is recommended to access the Service and may be required for certain transactions or features. Meeting these requirements, which may change from time to time, is Your responsibility.

How do I accept this Agreement?

When You log into the service the first time, otherwise access the Service, or agree to these terms when the option is made available at the login screen, You agree to abide by this Agreement without modification by You. If You don’t agree with the Terms of Use, You may not use the Service.

Use of Location-based Services

IBTS and licensors may provide certain features or services through the Service that rely upon device-based location information, which use GPS (where available), along with Wi-Fi hotspots and cell tower locations. To provide such features or services, where available, IBTS and licensors must collect, use, transmit, process and maintain Your location data, including the real-time geographic location of Your device, and You hereby agree and consent to IBTS’s and licensors’ collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and/or using any location-based services or features within the Service (GPS Routing, etc.), You agree and consent to IBTS and licensors transmitting, collecting, using, processing and maintaining information related to Your GOVmotus® account (“Account”), and any devices registered thereunder, for purposes of providing such location-based service or feature to You, and use of Your location data and location search queries to provide and improve location-based and road traffic-based products and services. Such information may include, but is not limited to, Your IBTS ID, device ID and name, device type and real-time geographic location of Your device at time of Your request. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. IBTS shall use reasonable skill and due care in providing the Service, IBTS does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service.

Limitations on Use

You agree to use the Service only for purposes as permitted by this Agreement, the SAAS Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If Your use of the Service or other behavior intentionally or unintentionally threatens IBTS’s ability to provide the Service or other systems, IBTS shall be entitled to take all reasonable steps to protect the Service and IBTS’s systems, which may include suspension of Your access to the Service.

Fees

The Service accepts credit cards, certain payment accounts, and checks for payment. IBTS may obtain preapproval for an amount up to the amount of the transaction. Billing occurs at the contractually agreed upon times.

If You have elected to utilize Your jurisdiction’s credit card payment gateway for processing payments, You are responsible for all associated fees, penalties, fines and late payment fees associated with Your gateway.

YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES. All fees will be billed to the jurisdiction, or office You designate, at regularly scheduled times. If IBTS is unable to successfully collect payment for fees due, IBTS reserves the right to revoke or restrict access to Your stored Content, or terminate Your services.

Account Information and Billing Inquiries

You may consult Your jurisdiction-specific contract for details on Your Account information including payment method and billing cycles. IBTS will send an electronic invoice to Your designated billing recipient email address. If You believe You have been billed in error for the Service please notify us immediately at info@ibts.org.

Changes in Per Case Use Costs

Per Case Use Cost changes and institution of new charges implemented during Your Service billing year will apply to subsequent billing years and to all new applicable permits after the effective date of the change.

Your Use of the Service / Your Account

As a registered user of the Service, You shall be provided with an Account. Don’t reveal Your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of Your Account and for all activities that occur on or through Your Account, and You agree to immediately notify IBTS of any security breach of Your Account. You further acknowledge and agree that the Service is designed and intended for jurisdictional use and You should not share Your Account and/or password details with another individual. Provided we have exercised reasonable skill and due care, IBTS shall not be responsible for any losses arising out of the unauthorized use of Your Account resulting from You not following these rules.

In order to use the Service, You must enter Your IBTS ID and password to authenticate Your Account. You agree to provide accurate and complete information when You register with, and as You use, the Service, and You agree to update Your Service Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Service Registration Data may result in the suspension and/or termination of Your Account. You agree that IBTS may store and use the Service Registration Data You provide for use in maintaining and billing fees to Your jurisdiction.

Additional Obligations or Terms of Use

Particular modules or features of the Service provided by IBTS and/or its licensors, including but not limited to the ability to use inspection forms on an Apple iPad, require separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.

No Conveyance

Nothing in this Agreement shall be construed to convey to You any interest, title, or license in an IBTS ID, email address, domain name, or similar resource used by You in connection with the Service.

No Resale of Service

You agree that You will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose. You also agree that You will not allow access to the Service so that it may be reproduced, copied, duplicated, sold, resold, rented or traded (or any part thereof) for any purpose.

IBTS Privacy Policy

You understand that by using the Service, You consent and agree to the collection and use of certain information about You and Your use of the Service in accordance with IBTS’s Privacy Policy. You further consent and agree that IBTS may collect, use, transmit, process and maintain information related to Your Account, and any devices or computers registered thereunder, for purposes of providing the Service, and any features therein, to You. Information collected by IBTS when You use the Service may also include technical or diagnostic information related to Your use that may be used by IBTS to support, improve and enhance IBTS’s products and services.

Content

“Content” means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, photographs, images, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that You, and not IBTS, are solely responsible for any Content You upload, download, post, email, transmit, store or otherwise make available through Your use of the Service. IBTS does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that Your use of the Service and any Content is solely at Your own risk.

Your Conduct

You agree that You will NOT use the Service to:

a. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

b. engage in any activity that exploits, harms or threatens harm to minors;

c. pretend to be anyone, or any entity, You are not — You may not impersonate or misrepresent yourself as another person, entity, another GOVmotus® user, an IBTS employee, or a civic or government leader, or otherwise misrepresent Your affiliation with a person or entity; and, or

d. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement.

Access to Your Account and Content

IBTS reserves the right to take steps IBTS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that IBTS may, without liability to You, access, use, preserve and/or disclose Your Account information and Content to law enforcement authorities, government officials, and/or a third party, as IBTS believes is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of IBTS, its users, a third party, or the public as required or permitted by law.

Trademark Information

IBTS, the IBTS logo, GOVmotus®, the GOVmotus® logo and other IBTS trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of IBTS in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that You shall not remove, obscure, or alter any proprietary notices that may be affixed to or contained within the Service.

IBTS’s Proprietary Rights

You acknowledge and agree that IBTS and/or its licensors own all legal right, title and interest in and to the Service, including but not limited to graphics, user interface, the scripts and software used to implement the Service, and any software provided to You as a part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that You will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms.

Indemnity

You agree to defend, indemnify and hold IBTS, directors, officers, employees, agents, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any content You submit, post, transmit, or otherwise make available through the Service; (b) Your use of the Service; (c) any violation by You of this Agreement; (d) any action taken by IBTS as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred; or (e) Your violation of any rights of another.

Notices

IBTS may provide You with notices regarding the Service, by email to Your account email address (and/or other alternate email address associated with Your Account if provided), by regular mail, or by postings on our website and/or the Service.

Governing Law

This Agreement and the relationship between You and IBTS shall be governed by the laws of the Commonwealth of Virginia. You and IBTS agree to submit to the jurisdiction of the courts located within the Commonwealth of Virginia, to resolve any dispute or claim arising from this Agreement.

General

This Agreement constitutes the entire agreement between You and IBTS, governs Your use of the Service and completely replaces any prior agreements between You and IBTS in relation to the Service. You may also be subject to additional terms and conditions that may apply. If any part of this Agreement is held to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of IBTS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

No Warranties

IBTS makes no warranties, either expressed or implied, with respect to Your use of the services. You understand that the use of the services is at Your own risk and that we provide the service on an “AS IS” basis “WITH ALL FAULTS”. IBTS does not guarantee the accuracy or timeliness of information available from the services. . You may have certain other rights provided for under local law. Nothing in this Agreement is intended to affect those rights, if they are applicable under these terms.

You fully understand and acknowledge that computer, internet, and telecommunication systems are not without fault and that it is expected for periods of time that some of these services will not be available. IBTS does not guarantee that the services will be uninterrupted, on time, error-free, or secure from hackers at all times. .

Other Agreements, Terms and Statements

How can I use the Service? IBTS does not sell the Service and You are not allowed to copy the Service. You are not allowed to allow other third party software companies access to the Service. IBTS only licenses the Service. We give You the right to access the Service, via the internet, and upload data. You do not have the right to copy the Service or any features thereof.

Are there things I am prohibited from doing with the Service? Yes. The Service is licensed, therefore, You do not own the Service. You may not copy, rent, lease or lend the Service, usernames or passwords. You may not attempt to circumvent the technical protections offered in the Service, reverse engineer, decompile, or disassemble the Service in any case.

May I transfer my username and password to another user? You may not transfer Your username and or password to a different user. If another user requires access to the Service, please contact IBTS to establish another Authorized User Account.

Will my Service be upgraded to newer versions? IBTS may, from time to time, upgrade, enhance and or release new features and or new versions of the Service. IBTS retains all rights to the outdated Service as well as the new releases. You do not retain any rights to the original Service and it will not be available for Your continued use.

What about Service backups? IBTS provides backups of the Service and the data entered into the Service by You. Data can be backed up and made available for download by You, the end user, upon written request. You are responsible for all costs associated with these backup and download services. IBTS will not backup the Service and make it available for You to download. Only the data within the Service is available for download.

We strive to keep the Service functioning and operational at all times; however, You understand, realize and agree that IBTS can’t control the internet and eventually all online services have disruptions and outages from time to time. If an outage or disruption to service occurs, IBTS isn’t liable for any data loss You may suffer as a result.

Trial period offers . IBTS may make available to You, from time to time, a trial period of a new product or beta test of an existing product. If You take part in the trial period offer, this Agreement is in full force and applicable during the trial period and IBTS assumes no responsibility or liability for You, Your data and other systems You use at any time.

Internet access . This Service provided by IBTS does not include Internet access although You are required to have access to the internet to use these services. IBTS is not responsible for payment of any internet access fees that You must pay in order to access the system. You are completely responsible for paying all fees charged by the providers of Your internet or Wi‑Fi access.

If You access the Service through a wireless device, You are responsible for any wireless data charges that Your wireless provider may charge You. This includes airtime and wireless data services. It’s Your responsibility to monitor Your wireless data usage and plan accordingly with Your carrier to verify whether there are any such fees that may apply to You. You, not IBTS, are solely responsible for any costs You incur to access the Service through any wireless or other communication service.

Third-party websites. If allowed and agreed to by IBTS, the Service may be able to link or interconnect to third-party websites and other software platforms whether they are located on the internet or a local computer. IBTS is not responsible for third-party websites, services, or material available through those third-party services. You agree to and understand that You are solely responsible for all data and information as well as all dealings with third-parties (including advertisers). You also understand and agree that You may be subject to the third-party’s terms, agreements and conditions.

Copyright and trademark notices . All aspects of the Service are Copyright © 2016 Institute for Building Technology and Safety, 45207 Research Place, Ashburn, VA 20147, U.S.A. All rights reserved. You understand and agree that we own the title, copyright, and other intellectual property rights in the Service as well as any other contents. IBTS and the names, logos, and icons of all IBTS products, software, and services may be either IBTS in the United States and/or other countries.

© Copyright 2016 Institute for Building Technology and Safety (IBTS). All rights reserved.