TEAM Software, Inc. is excited to make certain new functionality available to its Users with an existing TEAM Software, Inc. Application Services Agreement or other agreement in effect (your “TEAM Agreement”). This new functionality includes geotracking capabilities for users of TEAM’s eHub service (the “New Services”). Your use of the New Services will be subject to the following additional terms and conditions, which will become part of your TEAM Agreement. By downloading and accessing the New Services, you will accept to comply with the following terms.
In order to use the New Services, you, and any of your employees you ask to use the New Services, may be required to have a compatible Mobile Device, internet access, and other the necessary minimum specifications as required by TEAM. As used here, a “Mobile Device” means a GPS-enabled smart phone or tablet device that functions on Apple or Android operating systems. You may be required to obtain software updates from time to time as may be necessary for the continued use of the New Services.
Due to the nature of the New Services, you acknowledge that the New Services, such as geotracking, are not guaranteed by TEAM to be uninterrupted or error free. It is your responsibility to ensure that you, and your employees you instruct to use the New Service, have a correctly configured the Mobile Devices correctly.
You also acknowledge that users of the New Services on Mobile Devices may be subject to users’ terms of agreement with their respective mobile network provider (“Mobile Provider”). As a result, users may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the New Services, or any such third party charges as may arise. You accept responsibility for any such charges that arise under this clause.
TEAM shall not be liable for any claims, disputes, costs, penalties, loss (whether direct, indirect or consequential and whether economic or special loss of any nature), damages or expenses arising from (i) any error, omission, or misleading statement, misleading faulty contents, in the New Service; (ii) damage to or inadequate performance of any Mobile Device (or any other connected device); (iii) the maintenance of network data connections; (iv) delay or failure in transmission of the New Service; (v) claims made by employees of TEAM clients arising from the use of New Services; or (vi) unavailability of the New Services for any reason. You agree to defend, indemnify and hold TEAM harmless from any actual or asserted losses, claims, damages, liabilities, obligations, penalties, judgments, awards, costs, expenses and disbursements arising out of or relating to any claims by your employees against TEAM related to the New Services.