Terms of Service

InGo Terms of Service

Updated:  April 21, 2022

Thank you for visiting InGo, Inc. (“InGo”, “we”, “our” or “us”). Please carefully read these Terms of Service (“Terms” or “Agreement”) and our Privacy Policy located at https://ingo.me/privacy-policy/, which is incorporated into these Terms by this reference.  These Terms apply to InGo’s online tools, services and its website at ingo.me (collectively, the “Services”).  

The Services to be performed hereunder shall be specified in separate Order Forms (“Orders”), which upon signature and execution by both parties (the “Parties” or individually, a “Party”), shall be deemed incorporated herein as a part of this Agreement. Each Order shall stand alone with respect to any other Order entered into under this Agreement. In the event of a conflict between this Agreement and any Order, the provisions of the Order will control, unless the Order specifically acknowledges the conflict and expressly states that this Agreement controls.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU MAY NOT USE THE SERVICES.

PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH INGO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Unless otherwise noted, the Services are the property of InGo and its licensors. By using the Services, you agree to these Terms, our Privacy Policy and all applicable laws and regulations.

The Services are not intended for the use of children under 18 and no such person is authorized to use them.  By using the Services, you are representing that you are at least 18 years old.  You also represent, by accessing or using the Services, that you are of legal age to enter into legal agreements.

InGo reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of the Terms is indicated at the top of these Terms.

Grant of License

A duly executed Order between the Parties grants you a non-exclusive, irrevocable, non-transferrable, royalty-free, worldwide license to the Services for a period of time as specified in the Order (the “Order Term.”)  However, nothing contained herein is intended to grant you any rights to InGo’s Intellectual Property. The Services constitute InGo’s intellectual property and will remain the exclusive property of InGo and its licensors.

Term of Agreement, Renewal, and Pricing

The Services shall be for a term of as set forth in an Order (the “Order Term”).  At the end of any such Order Term, unless terminated in writing or email by either you or InGo, the Order shall automatically renew for a successive Order Term of the same duration. The pricing for each such renewal period shall be as agreed upon in the Order. Unless otherwise provided in the Order, in the event that you or any of your affiliates, subsidiaries, directors, officers, employees and agents continue to utilize the Services beyond the end of the Order Term, then the Order Term shall automatically renew for another year, regardless if the Order specifies that it shall not auto-renew.  This clause overrides any language in any Order or herein specifying that the terms of the Order override the terms of this Agreement.

Terms of Payment

Unless otherwise agreed in a duly executed Order Form, all invoices are payable within thirty (30) days of the invoice date. Invoices not paid in accordance with terms are subject to interest charges at the rate of one and one-half percent (1.5%) per month, unless prohibited by law, in which event invoices will be subject to interest charges at the maximum legal rate. No dispute arising under the Agreement or any Order, nor delays beyond the reasonable control of InGo shall interfere with your prompt payment in full of any invoice. Time and terms of payment are essential hereto, and if any default therein be made by you, or if your financial responsibility shall at any time become impaired or unsatisfactory to InGo, InGo will have the right to terminate the Services without notice past due payments are made or satisfactory assurance of your financial responsibility is received by InGo. Such right will continue irrespective of any prior failure on the part of InGo to exercise such right. If InGo is required to refer any order to an attorney for collection, you agree that all reasonable costs, reasonable attorney fees, and reasonable expenses of said collection shall be added to the amount due InGo from you.

Privacy and Data Security

Please refer to InGo’s Privacy Policy for information on how we collect, use and disclose information from our users.  Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  In furtherance of the foregoing, users must safeguard their credentials. Please let us know immediately if you suspect that your credentials have been compromised. Please do not send us any sensitive personal information.

Content

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Services is owned, controlled or licensed by or to InGo and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without InGo’s express prior written consent.

User Submissions, Feedback and Information

You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these Terms.  Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of InGo and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and InGo shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses.  With respect to all other Submissions, you hereby grant InGo an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these Terms.

Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by InGo.

Your Use of the Services

In connection with your use of the Services, you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • infringe, misappropriate or violate InGo’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • “scrape,” “crawl” or “spider” any web pages or other services contained in the Services;
  • display, mirror or frame the Services, or any individual element within the Services, InGo’s name, any InGo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without InGo’s express written consent;
  • access, tamper with, or use non-public areas of the Services, InGo’s computer systems, or the technical delivery systems of InGo’s providers;
  • attempt to probe, scan, or test the vulnerability of any InGo system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by InGo or any of InGo’s providers or any other third party (including another user) to protect the Services or any of the content on the Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Services is expressly prohibited.

InGo reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.  However, InGo shall use reasonable precautions and use best efforts to avoid interruption of the Services.

Acceptable Use Policy For Your Third Party End Users

The Services provide you the capacity to allow third parties within your industry(s) and community(s) to register through social media for your events and marketing campaigns (“Third Party End Users”).  InGo reserves the right to require all Third Party End Users to accept InGo’s  Acceptable Use Policy listed below.  Failure to do so may result in suspension or termination of your account.


ACCEPTABLE USE OF THE SERVICE


No Misuse of the Service. You agree not to misuse the Service. For example, you may not:

  • use the Service for any unlawful purpose or for promotion of illegal activities;
  • impersonate another person through the Service or otherwise misrepresent an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
  • send unsolicited communications, promotions advertisements, or spam;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer;
  • access, tamper with, or use non-public areas of the Service, InGo’s computer systems, or the technical delivery systems of InGo’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
  • access or search the Services by any means other than InGo’s publicly supported interfaces (for example, “scraping”);
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
  • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service; or
  • promote or advertise products or services other than your own without appropriate authorization.
  • Content Standards. You may not post any Content on the Service that:
    • May create a risk of harm, loss, or physical or mental injury to any other person or the risk of loss or damage to any property;
    • violates of any applicable law, any intellectual property rights, or anyone’s right of privacy or publicity;
    • is defamatory, libelous or threatening or that constitutes hate speech; or
    • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

Copyright Policy

We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • description of the copyrighted work that you claim has been infringed;
  • description of the material that you claim is infringing and where it is located on the Services;
  • identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at support@ingo.me or by mail at Copyright Agent, c/o InGo, Inc. 4201 Wilson Boulevard, 3rd Floor, Arlington, VA 22203, United States.

Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

Links to Other Sites

The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under InGo’s control, and InGo is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.

We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers.  Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Disclaimer; Limitation of Liability

THE SERVICES AND ALL TOOLS AND CONTENT OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.”  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL INGO OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF INGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL INGO’S LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO INGO IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH LIABILITY.

BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THE FOREGOING PARAGRAPHS APPLY REGARDLESS OF WHETHER THE LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, OR ANY OTHER LEGAL THEORY, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

Representations and Warranties

Each Party represents and warrants that it is duly organized, validly existing and in good standing under the laws of the state of its incorporation or formation.

Each Party represents and warrants that it has the power and authority and legal right to enter into this Agreement and any Order it executes, and to perform the obligations hereunder, including under each such Order, and that it has taken all necessary corporate action to authorize execution of any such Order.

Each Party represents and warrants that all necessary consents, approvals and authorizations of governmental authorities and other persons required to be obtained related to the performance of this Agreement and any executed Order have been obtained.

Each Party represents and warrants that the execution and delivery of any Order will not conflict with or violate any requirement of any applicable laws or regulations, and do not conflict with or constitute a default under any contractual obligation enforceable against it.

Each Party represents and warrants that it shall perform its obligations in a professional manner, in accordance with the standards of care and diligence practiced by recognized organizations in performing services of a similar nature at the time of any Order Term, and in accordance with all applicable laws, rules, regulations and guidelines.

InGo represents and warrants that it has the right to provide the Services herein and in the provision of such Services, it will not infringe a valid patent, trade secret, copyright, or other intellectual property rights of a third-party.

You represent and warrant that your use of the Services will not violate any law nor infringe upon any patent, trademark, copyright or any trade secret or any other proprietary right of any third party or person.

Indemnity

You agree to indemnify and hold InGo harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against InGo by any third party due to or arising out of or in connection with (1) your access to or use of the Services; (2) your violation of these Terms or any applicable law, rule or regulation, (3) your violation of any rights of any third party; or (4) any disputes or issues between you and any third party.

InGo at its own expense, will defend indemnify, and hold you and your affiliates, subsidiaries, directors, officers, employees and agents (each an “Indemnitee”), from and against any and all liability, loss, cost, expense, damage, claims or demands, including reasonable attorneys’ fees, incurred by or demanded from any Indemnitee, arising out of or relating to: (1) any unauthorized release of confidential information due unauthorized access or use of your data, or (2) any actual or alleged infringement of any third-party patent, trademark, copyright or other intellectual property or violation of any industrial property right (including, but not limited to, misappropriation of trade secrets) by the Services. InGo will have the right to conduct the defense of any such claim or action and to all negotiations for its settlement; provided, however, that in no event will InGo enter into any settlement without your prior written consent, which will not be unreasonably withheld.  You will have the right to be represented by counsel of your own selection in any court, alternate dispute resolution or settlement discussions, at your own expense.  

InGo shall have no obligation to provide the indemnify you to the extent any claim arises solely from (1) use of the Services in combination with any other products not provided, or combinations that may not be reasonably anticipated by InGo if the infringement would not have occurred but for such combination; or (2) any material alteration or modification of the Services not intended or authorized by InGo, if the infringement would not have occurred but for such alteration or modification.

Violation and Termination

You agree that InGo may, in its sole discretion, without prior notice and to the extent applicable, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms will cause irreparable harm to InGo for which monetary damages would be inadequate, and you consent to InGo obtaining any injunctive or equitable relief that InGo deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies InGo may have at law or in equity.

Either Party may terminate if the other Party breaches any material provision of an Order or this Agreement. In the event of a breach, the allegedly breaching Party must be provided with written or emailed notice of any violation to the designated point of contact, and offered 30 days to cure the violation after receiving said notice. If the breach is not cured by the end of the 30-day period, then any previously delivered termination notice becomes effective without further notice.

Upon finalized termination, (a) you shall immediately cease use of the Services, and (b) InGo may keep any and all payments made up to the date of such termination.   

Governing Law

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Virginia excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH INGO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms.  There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not (i) extend to Disputes in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) seek injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

No Class Arbitrations, Class Actions or Representative Actions.  Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.  There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals.  Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

LocationThe location of the arbitration shall be in Arlington, Virginia.

Authority of Arbitrator(s).  As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory.  The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Arlington, Virginia for the purpose of litigating all such disputes.  You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

Severability of Dispute Resolution; Arbitration.  In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

Assignment

You shall not assign your rights and liabilities under this Agreement or any Order without the prior written consent of InGo, and any purported assignment without such consent shall be void. This approval requirement shall not apply in connection with a merger, acquisition or reorganization.  In addition, InGo shall have the right without consent to assign any or all of its rights and obligations under this Agreement or any Order to any of its affiliates.  Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties’ successors in interest.  For purposes of this Agreement, “affiliates” shall mean any direct or indirect subsidiary or parent entity and any direct or indirect subsidiary of any such parent entity.

Users Outside of the United States

Although the Services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Force Majeure

InGo and any of its employees or agents shall not be in breach of this Agreement or any Order for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of InGo’s reasonable control.

Miscellaneous

You may preserve these Terms in written form by printing it for your records, and you waive any other requirement that these Terms be evidenced by a written document.

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Services, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

All provisions of these Terms are severable, and the unenforceability or invalidity of any of the provisions will not affect the enforceability or validity of the remaining provisions. These Terms, together with our Privacy Policy, any Orders mutually executed between the Parties, and any other legal notices published by InGo, constitute the entire agreement between you and InGo with regard to your use of the Services. InGo’s failure to insist on or enforce strict performance of this Agreement shall not be deemed a waiver by InGo of any provision or any right it has to enforce this Agreement.  Any such waiver must be in writing in order to be effective.  This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.

Canada

The parties declare that they have required that these Terms and all documents related hereto, either present or future, be drawn up in the English language only.  Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Notice for California Users

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Questions and Contact Information

Please contact us if you have any questions about these Terms. You may contact us by sending correspondence to 4201 Wilson Boulevard, 3rd Floor, Arlington, VA 22203, or by emailing us at support@ingo.me.

Terminology

1. Social Media Definitions

Advocate – Any attendee/registrant that socially registers for your event via the InGo Login Widget. 

  • An InGo Advocate is anyone who has socially signed up for your show using InGo’s Login Widget.
  • These InGo Advocates are presented with targeted and relevant contacts to invite to your event.

Acquisition – Any attendee/registrant who successfully registers for your event (makes it to the Confirmation page for your event) who was in the network of an Advocate. 

  • Acquisitions are termed this as they were successfully influenced by an Advocate in some way, whether this was through either a POST or a Personal Invite (see definitions below).
  • Acquisitions can be either a Manual or Regular Registrant (basically a non-social and therefore not an Advocate) or an Advocate – type Registrant.
  • IMPORTANT: Acquisitions can ONLY happen if an Advocate posted to the Acquisition’s network, or sent them an invite. Therefore, Acquisitions can only occur after an Advocate takes an action on his or her network, e.g. “does advocate for the event.”
    On the Registrants / Advocates Report in Admin, you can see a time-stamp of when the successful advocacy was posted and by whom. Sometimes this relationship is strong in terms of the time of impression (advocacy), AND the resulting conversion (acquisition/successful registrant).

Messages – There are three types of “messages” InGo can send, Posts, Invites and Advocacy Messages.

  • Post: Message posted on the user’s selected social network as a Timeline Update (Facebook), Tweet (Twitter) or Status Update (LinkedIn and Xing).
  • Invite: Message sent directly to a contact of the Advocate. See personal invites expanded below.
  • Advocacy: These types of messages are really posts that are sent to the social network of the user once they click on a button in a Social Email or click on the third tab of the Social Widget — Share — and share and update with their network.

Trusted Impressions – InGo generates Trusted Impressions when a socially signed in user (Advocate) posts to his or her wall/timeline/status update and also when he or she sends a personal invite to a contact in their network(s).

The aggregate sum of Trusted Impressions reported in your InGo Dashboard is the total amount of socially authorized users who have:

Become socially authorized users who opted to post to his or her network(s) + the number of invites sent = Total Trusted Impressions

Definition of Trusted Impression(s)

Trusted impressions are generated when an Advocate posts to his personal network a message that is viewable by his first degree (direct) friends/connections.  Even if the Advocate’s settings are set to “Public”, a trusted impression is only calculated by that Advocate’s in-network friends/connections. This again means first-degree connections only.

2. Reporting

Sample Reporting Infographic

Definitions are inline and expanded below.

Registrant – The total number of people who successfully registered for your event after the successful installation of the Confirmation Widget. Whether these people are what we can “manual registrants” (non-social users) or “social registrants” (social users), this number is the total number of people who have successfully registered for your event.

Network Reach

  • This is the total number of people in the networks of those Advocates who posted (either reached confirmation page or posted from the Social Widget) to first degree connections/networks.

Personal Invite(s) – A message sent directly to the user’s social network messaging channel from an InGo Advocate. These messages can take various forms on the varied social network channels:

  • LinkedIn Message: Sent a a direct message to the user’s inbox on LinkedIn. Note: This is NOT “InMail.” InMail is a LinkedIn Product. InGo is not affiliated with this in any way, shape or form.
  • Facebook Tag: Facebook allows us to “tag” users in comments, posts and messages that are always public. Once users are sent a piece of shared content, the user will be notified via the web interface, on their mobile device (if they have the FB app installed and have notifications turn on) and also possibly notified via the user’s phone notification settings outside of the potential apps that user has.
  • Twitter Direct Message or “DM:” – Twitter does not allow InGo to pre-populate information in user fields such as First Name, Last Name, email, etc, but it does allow InGo to send direct messages to targeted Twitter users.
  • Xing Message: Xing is a German social network that has a similar messaging mechanism to Linkedin. These messages appear in the users inbox and the invitee is notified via the Xing app if he or she has the app installed and notifications turned on, and/or if the user visits the web interface.

Acquisition – Any attendee/registrant who successfully registers for your event (makes it to the Confirmation page for your event) who was in the network of an Advocate. 

  • Acquisitions are termed this as they were successfully influenced by an Advocate in some way, whether this was through either a POST or a Personal Invite (see definitions above).
  • Acquisitions can be either a Social (Advocate) or Non-Social Registrant (Regular or “Manual” Registrant). 

3. InGo Widgets

  • Login Widget – Allows participants to opt in or out of a community with social or email.
  • Registration Widget – Controls autofill and data collection.
  • Social Widget – Allows participants to see who else is part of the community, and send referrals.
  • Confirmation Widget – Collects data and sends network referrals.

 

Authorizer (formerly Confirmation) – Place on your Confirmation Page in the Registration flow. This allows your attendees to be confirmed in your registration platform and in InGo’s reporting.

These Terms of Service (“Terms“) govern your use of the services, software and websites (the “Service”) provided by InGo, Inc. (“InGo”). Our Privacy Policy explains the way we collect and use your information and our Acceptable Use Policy outlines our expectations with respect to your behavior when using the Service. By using the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.

Your Content

The Service allows you to create tasks and associated information, text, files and other materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.

We reserve the right to remove Content on the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for InGo.

Your Obligations

  • You must provide accurate information when you create your InGo account.
  • You are responsible for safeguarding the password and for all activities that occur under your account. You should notify InGo immediately if you become aware of any breach of security or unauthorized use of your account.
  • You must comply with our Acceptable Use Policy at all times when using the Service.
  • You may never use another user’s account without permission.
  • You may not disassemble, decompile or reverse engineer the Service or attempt or assist anyone else to do so, unless such restriction is prohibited by law.
  • Our Service is not intended for use by persons under the age of 13. By using the Service you are representing to us that you are over the age of 13.

Your Use of InGo Software

As part of the Service, we provide downloadable client software (the “Software”) for your use in connection with the Service. This Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. So long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between InGo and You, InGo retains all right, title and interest in the Software. If you are using our API to develop an application based on our Service, you will be subject to our API Terms.

Administrator Access to Your Content

When you sign up for our Service, you associate one or more email addresses with your account. If you use an email address provided to you by a third party entity of which you are a part (such as yourname@youremployer.com or yourname@nonprofit.org) (each an “Entity”) you hereby grant that Entity and its administrator(s) permission to access, use, download, export, disclose, share, restrict and/or remove Content that you have associated with the email address that includes their domain. You acknowledge and understand that an Entity may elect to utilize one or more third party applications in connection with their teams’ use of the Service and that, by associating Content with an email address that includes an Entity’s domain, you are granting permission to have such Content shared with such third party application(s). You also acknowledge and understand that an Entity may restrict or terminate your access to Content associated with the email address that includes their domain. Please remember that you can associate more than one email address with your InGo account, so you may want to consider associating personal Content with a personal email address.

Your Use of Third Party Applications

If you elect to utilize any third party application in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third party application. To understand how such third party application provider utilizes your Content and other information, you should review their privacy policy.

Security

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Termination

You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability.

InGo’s Intellectual Property Rights

The Service (excluding Content provided by users) constitutes InGo’s intellectual property and will remain the exclusive property of InGo and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright

InGo respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to our Copyright Agent using the process set forth in our DMCA Policy.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless InGo and its licensee and licensors, 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 your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. InGo IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATION OR SERVICE THAT PROVIDES ACCESS TO OUR SERVICE (E.G., ANY THIRD PARTY APPLICATION DEVELOPED USING InGo’S API).

The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL InGo, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT InGo HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. InGo’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO InGo IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.

Dispute Resolution

*Informal Efforts – *You agree that prior to filing any claim against InGo relating to or arising out of these Terms you will first contact us at dispute-notice@InGo.com to provide us with an effort to resolve the issue in an informal manner.

Arbitration – If such dispute is not resolved to our mutual satisfaction within 30 days of submission, then either party may bring a formal claim, which claim shall be resolved through final and binding arbitration administered by the American Arbitration Association (“AAA”).

*Arbitration Procedures and Fees– *The AAA will administer arbitration proceedings under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. Arbitration will be held in the United States county where you live or work, in San Francisco, CA, or in any other location we agree to. The AAA rules will govern payment of all arbitration fees. InGo will pay all arbitration fees for claims less than $75,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. InGo will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Exceptions to Agreement to Arbitrate – Either you or InGo may assert a claim, if it qualifies, in small claims court in Arlington, VA or any United States county where you live or work. Nothing in this Section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Service or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process.

No Class Actions – ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

Judicial Forum – In the event that the agreement to arbitrate is found not to apply to your claim, then you and InGo agree that any judicial proceedings will be brought in the federal or state courts in San Francisco, CA and both parties consent to venue and personal jurisdiction there.

Governing Law

These Terms will be governed by the laws of the State of Virginia, without regard to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Data Transfer

In connection with providing you the Service InGo may transfer, store and process your Content in the U.S. or in any other country in which InGo or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Entire Agreement; Severability; Waiver

These Terms constitute the entire agreement between you and InGo concerning the Service replace any prior or contemporaneous agreements, terms or conditions applicable to your use of the Service. If a provision of these Terms is found to be unenforceable, the remaining provisions of these Terms will remain in full force and effect and an enforceable term will be substituted reflecting as closely as possible our original intent. InGo’s failure to enforce any provision of these Terms shall not be deemed a waiver of its right to do so later.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Notices

We may provide you with legal notices and notices related to your account via email using the email address associated with your account. We may provide you with other marketing or business-related information, including information about Service updates or changes, via email or via our blog, which is located at the URL blog.InGo.com.

U.S. Government Agencies

If you are a U.S. Government agency utilizing InGo’s free Service in an official capacity, your use of the Service shall be subject to these Terms and this Amendment.

For questions about these or any InGo terms or policies, email us at team@InGo.me.

Effective date, August 31, 2015.
Updated January 26, 2022.