End User License Agreement
This EULA covers the software itself — the web application and the iOS and Android apps. The commercial relationship (what you pay, what we owe you, liability, disputes) is in the Terms of Service. If the two conflict on a commercial point, the Terms of Service control.
1. Agreement
This End User License Agreement (“EULA”) is between IT Solutions of LI Inc (“we”, “us”) and the individual who installs or uses the MetricsPro software (“you”). By installing, accessing or using the software you accept this EULA. If you do not accept it, do not use the software.
You will normally be using the software as an employee or contractor of a business that subscribes to MetricsPro. That business's subscription governs whether the software is available to you at all, and it may end your access at any time.
2. Licence granted
We grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the software on devices you own or control, solely to access your employer's MetricsPro account for its internal business purposes, for as long as that account is active and you are authorized to use it.
For apps obtained from the Apple App Store, the licence is further limited to use on an Apple-branded device that you own or control, as permitted by the App Store Terms of Service, including the Usage Rules in the Apple Media Services Terms.
3. What you may not do
- Copy, modify, translate or create derivative works of the software.
- Reverse engineer, decompile or disassemble it, or attempt to derive its source code, except to the extent that restriction is unenforceable under applicable law.
- Rent, lease, lend, sell, redistribute, sublicense or provide it to a third party, or use it to operate a service bureau.
- Remove, obscure or alter any proprietary notice.
- Circumvent authentication, access controls, rate limits or licence enforcement, or access data belonging to another account or another user.
- Use the software to build or assist in building a competing product.
- Use automated means to extract data other than through interfaces we provide for that purpose.
4. Ownership
The software is licensed, not sold. We and our licensors retain all right, title and interest in the software, including all intellectual property. No rights are granted except those expressly stated here. Third-party open-source components are governed by their own licences, which we make available on request; where an open-source licence grants you broader rights to that component, it controls for that component.
5. Updates
We may provide updates, and the software may install them automatically. Some updates are required for the software to keep working. This EULA governs updates unless a replacement is provided with them. We may stop supporting older versions.
6. Device permissions and data
The mobile apps may ask for device permissions — camera (for scanning), location (for verified clock-in where your employer enables it), notifications, and biometric device unlock (Face ID or fingerprint) to lock the app locally. You may refuse or later revoke any permission in your device settings; some features will not work without them.
The device biometric unlock is handled by your device's own operating system. Your fingerprint or face data used for device unlock stays on your device and is never sent to us. Any biometric identification feature your employer enables in the platform is separate and is described in the Biometric Data Policy.
How information is handled is described in our Privacy Policy.
7. Term and termination
This EULA runs until terminated. It ends automatically if you breach it, if your authorization from your employer ends, or if your employer's subscription ends. On termination you must stop using the software and delete it from your devices. Sections 4, 8, 9, 10 and 11 survive.
8. Disclaimer of warranty
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SOFTWARE. OUR TOTAL LIABILITY TO YOU UNDER THIS EULA WILL NOT EXCEED FIFTY US DOLLARS (US$50) OR THE AMOUNT YOU PAID FOR THE SOFTWARE, WHICHEVER IS GREATER.
10. Apple App Store terms
These terms apply where you obtained the app from the Apple App Store, and are required by Apple:
- This EULA is between you and us only, not with Apple. Apple is not responsible for the app or its content.
- We, not Apple, are solely responsible for the app, and for any maintenance and support. Apple has no obligation to provide any maintenance or support.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
- We, not Apple, are responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, any claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation.
- We, not Apple, are responsible for the investigation, defense, settlement and discharge of any third-party claim that the app or your use of it infringes intellectual property rights.
- You represent that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and that you are not on any US Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the app.
- Apple and its subsidiaries are third-party beneficiaries of this EULA, and on your acceptance Apple will have the right (and is deemed to have accepted the right) to enforce it against you.
- Our contact information for questions, complaints or claims is in section 12.
11. Google Play
Where you obtained the app from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this EULA and is not responsible for the app.
12. General and contact
This EULA is governed by the laws of the State of New York, without regard to conflict-of-laws rules. The dispute resolution and arbitration provisions in the Terms of Service apply to disputes under this EULA. If a provision is unenforceable it is modified to the minimum extent necessary and the rest survives.
The software is “commercial computer software” under FAR 12.212 and DFARS 227.7202; US Government end users acquire only the rights granted to all other end users. You will comply with all applicable export control and sanctions laws.
Questions, complaints or claims:
IT Solutions of LI Inc
13 Herzog Place
Hicksville, NY 11801
Email: sales@itsolutionsli.com