These Terms and Conditions ("Agreement") govern your access to and use of Initab ("Extension") provided by Blue River Software, LLC ("Provider"). By accessing or using the Extension, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you should not use the Extension.
1.1 Grant of License: Provider grants you a revocable, non-exclusive, non-transferable license to use the Extension for personal, non-commercial purposes, subject to the terms and conditions of this Agreement.
1.2 Restrictions on Use: You may not modify, distribute, sell, reverse engineer, or create derivative works of the Extension. You must comply with all applicable laws and regulations when using the Extension.
1.3 User Account and Registration: In order to access certain features or services, you may need to create a user account and provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.1 Duration and Eligibility: The Extension may offer a free trial period of seven (7) days ("Free Trial"). The Free Trial is available to new users only and is subject to additional terms and conditions.
2.2 Termination and Conversion to Paid Subscription: At the end of the Free Trial, your access to the Extension's premium features will be terminated unless you subscribe to a paid subscription plan. If you choose to continue using the Extension, you will be billed according to the subscription plan selected.
2.3 Billing and Payment Information: To subscribe to a paid plan, you may be required to provide billing and payment information. You represent and warrant that the information you provide is accurate, and you authorize Provider to charge the applicable fees using the provided payment method.
3.1 Subscription Plans and Pricing: The Extension offers a single subscription plan with specific features and pricing. Details of the plan and its corresponding price can be found on the Extension's website.
3.2 Automatic Renewal: By subscribing to a paid plan, you authorize Provider to automatically renew your subscription at the end of each billing cycle until you cancel. You agree that Provider may automatically charge the applicable fees using the payment method on file.
3.3 Payment Processing and Refunds: All payments for the subscription are non-refundable. Once you have subscribed and made the payment, no refunds will be provided, except as required by applicable law or at the sole discretion of the Provider.
3.4 Premium Feature Changes: The Extension may offer premium features that rely on third-party services. While the Provider will make every effort to continue supporting these premium features, there may be circumstances outside of Initab's control that require the removal or modification of certain premium features. If such a situation arises, the subscription price will remain the same, and the Provider will endeavor to provide suitable alternatives or compensatory features whenever feasible.
3.5 Cancellation in the Event of Initab Shutdown: In the event that Initab shuts down its services, all outstanding subscriptions will be cancelled without refund. You will no longer be billed for future subscription periods.
3.6 Taxes and Fees: You are responsible for any applicable taxes or fees associated with your use of the Extension, as required by law.
4.1 Affiliate Links: The Extension may display ads to non-premium users, which could include affiliate links. These affiliate links may earn the Provider a commission if users make a purchase or engage with the linked content.
4.2 Non-Premium User Ads: By using the Extension as a non-premium user, you acknowledge and agree that you may encounter ads that contain affiliate links. The Provider does not endorse or guarantee the products or services advertised through affiliate links, and your interactions with any linked content are solely at your own discretion and risk.
5.1 Ownership of Extension: The Extension, including all intellectual property rights, is and shall remain the sole property of Provider. This Agreement does not grant you any rights to use the Provider's trademarks, logos, or other proprietary branding.
5.2 Use of Trademarks and Copyrighted Material: You may not use Provider's trademarks, logos, or copyrighted material without prior written consent.
5.3 User-Generated Content: Any content you generate, submit, or share through the Extension remains your responsibility. You grant Provider a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for the purpose of providing and improving the Extension.
6.1 Data Collection and Usage: Provider may collect and use personal information as described in its Privacy Policy. By using the Extension, you consent to the collection and use of your information in accordance with the Privacy Policy.
6.2 Cookies and Tracking Technologies: The Extension may use cookies and similar tracking technologies to enhance your experience and collect information about your usage. You can manage your cookie preferences as described in Provider's Cookie Policy.
6.3 Privacy Policy: The Extension's Privacy Policy provides detailed information about how your personal data is collected, used, and shared. By using the Extension, you agree to the terms of the Privacy Policy.
7.1 Initab may utilize the browser's local storage to maintain data persistence across user sessions. Local storage allows Initab to store relevant information, such as user preferences and settings, to enhance the user experience.
7.2 Users should be aware that manually deleting or updating local storage data related to Initab can have negative consequences and may degrade the overall user experience. Deleting or modifying essential data stored in the local storage may result in the loss of settings, preferences, or other personalized features within Initab.
7.3 Users are advised not to tamper with or modify the local storage data associated with Initab unless expressly instructed to do so by the Provider. If users encounter any issues related to Initab's functionality, they should seek support from the Provider before attempting any manual changes to the local storage data.
7.4 The Provider shall not be liable for any disruptions, data loss, or negative consequences resulting from users' unauthorized actions in the local storage of the browser while using Initab.
8.1 Termination by User: You may terminate this Agreement by discontinuing your use of the Extension and canceling your subscription, if applicable.
8.2 Termination by Extension Provider: Provider reserves the right to terminate or suspend your access to the Extension, in whole or in part, at any time and for any reason, including but not limited to violation of this Agreement.
8.3 Suspension of Service: Provider may temporarily suspend the availability of the Extension for maintenance, upgrades, or other reasons. Provider will make reasonable efforts to minimize any disruption.
9.1 Disclaimer of Warranties: The Extension is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. Provider does not guarantee the accuracy, reliability, or suitability of the Extension for your specific needs.
9.2 Limitation of Liability: Provider and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Extension, even if Provider has been advised of the possibility of such damages.
10.1 User's Responsibility: You agree to indemnify, defend, and hold Provider harmless from and against any claims, damages, losses, liabilities, and expenses arising out of or in connection with your use of the Extension or any violation of this Agreement.
10.2 Extension Provider's Responsibility: Provider agrees to make reasonable efforts to provide the Extension and support services as described. However, Provider's liability is limited to the amount paid by you for the use of the Extension during the three (3) months preceding the event giving rise to the claim.
11.1 Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.
11.2 Jurisdiction: Any legal action or proceeding arising out of or in connection with this Agreement shall be brought in the courts of Broomfield County, Colorado, and you consent to the exclusive jurisdiction and venue of such courts.
11.3 Dispute Resolution: In the event of any dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. If a resolution cannot be reached, either party may pursue any legal remedies available to them in accordance with the laws of the State of Colorado.
12.1 Changes to Terms and Conditions: Provider may modify this Agreement at any time by providing notice through the Extension or by other means. Your continued use of the Extension after such modifications constitutes your acceptance of the updated terms.
12.2 Notification of Changes: Provider will make reasonable efforts to notify you of significant changes to this Agreement. However, it is your responsibility to review this Agreement periodically for any updates.
13.1 Invalidity of Certain Provisions: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
13.2 Survival of Remaining Provisions: The provisions of this Agreement that, by their nature, should survive termination or expiration, including but not limited to Sections 4, 5, 7, 8, and 9, shall survive any termination or expiration of this Agreement.
14.1 Entire Understanding: This Agreement constitutes the entire understanding between you and Provider with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
14.2 Waiver of Rights: The failure of Provider to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Last updated July 30, 2023.