LYCONIC TERMS OF SERVICE

Welcome to Lyconic ("Company", "we" or "us"), and thanks for visiting our website. Lyconic is the developer and designer of lnteliguide™, a schedule management and reporting software ("lnteliguide"), and Patrolguide™, an asset tracking and route management software ("Patrolguide"), (together, the “Software”). By accessing or using the Lyconic website, Software, or any content, functionality, applications (including mobile applications) and support services made available by Lyconic (collectively, the "Service"), you accept and agree to be bound and abide by the following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service").

If you do not want to agree to these Terms of Service, you must not access or use the website or Service.

This Service is offered and available to users who are 13 years of age or older. By using this Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Service.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter.

Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Service and Account Security

We reserve the right to withdraw or amend this Service, and any service or material we provide on the Service, in our sole discretion without notice. Except as otherwise provided in a Service Level Agreement, where applicable, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including Registered Users.

You are responsible for:

Making all arrangements necessary for you to have access to the Service.

Ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Service and comply with them.

To access certain parts of the Service and other resources we offer, including the Software and mobile application(s), you are required to create a user account and will be asked to provide certain registration information, becoming a “Registered User.” It is a condition of your use of the Service that all the information you provide on the Service is true, accurate, current and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You are responsible keeping your login credentials secret and secure.

There are two tiers of access for Registered Users. Account owners (“Admin Users”) can create, manage and set specific permissions for a certain number of reporting user accounts, including those allocated to employees and subcontractors (“Active Users”), depending on the subscription package you select.  Active User accounts will push field data (including, but not limited to, log activity, incident reports, time and attendance reports, photos, videos and other media) directly to their associated Admin User account. Except to the extent that Admin Users are expressly authorized to create accounts on behalf of their consenting Active Users, Lyconic prohibits the creation of and you agree that you will not create a user account for anyone other than yourself. You agree to notify us immediately of any unauthorized access to or use of your Registered User account(s) or of any other breach of security.

We reserve the right, in our sole discretion, to disable any user name, password or other identifier, without notice, at any time, for any or no reason, including if we believe you have violated any provision of these Terms of Service.

Fees and Payment Terms

Lyconic currently offers multiple tier subscription-based pricing model for the Service. Current package information and the applicable fee schedule is available upon request or in the Pricing section of our website, which is subject to change at any time in our sole discretion and may be updated from time to time. We will use good faith efforts to notify you in advance of any changes to the fee schedule, but you are responsible for reviewing the fee schedule from time to time to remain aware of any applicable changes. In the event you do not agree with any updated pricing terms, please contact us to terminate your service. Once you have completed any applicable free trial period, you will be subject to fees in accordance with the subscription package you have selected. Applicable fees will be billed monthly in advance, even if you are not actively using the Software or Service.

Payment for the Software and Service will be made in advance by a valid credit card, check in the mail, or ACH/wire transfer, accepted by us as invoiced. Fees are payable in U.S. Dollars ($) by the due date specified in accordance with your monthly billing cycle. Late payments are subject to a finance charge of one and one-half percent (1.5%) per month. Once you have provided us with your credit card information for payment, you thereby authorize us to charge your credit card for such amounts on a regular monthly basis or otherwise in accordance with any applicable auto-renewal program until such time as your subscription is terminated. If we are for any reason unable to effect automatic payment by credit card, we will attempt to notify you via the contact information provided upon registration and your account and/or access to the Software and Service may be suspended until payment is received. We reserve the right to terminate the Service for nonpayment.

Notwithstanding the foregoing, Admin Users may obtain Subscriptions for all of their related Active Users through separate agreement with the Company, and the subscription terms of any such agreement shall supersede the subscription terms provided herein.

User Content

Service may contain interactive features ("Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials, including, but not limited to, photos, images, graphics, data, text, files, information, usernames, profiles, audio and video clips, sounds, works of authorship, applications, links, and any associated metadata (collectively, "User Content") on or through the Service.

All User Content must comply with the Content Standards set out in these Terms of Service.

You hereby grant us and our affiliates a non-exclusive, perpetual, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute and maintain any User Content you post in connection with the Service.

if you post User Content as an Active User that is an employee or subcontractor of an Admin User, you hereby acknowledge that Admin User shall have access to, and license to use for any purpose, all User Content.

You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

All of your User Content does and will comply with these Terms of Service.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Service.

Upon cancellation of any (fully-paid) Admin User Registered Account subscription, we may, but are under no obligation (unless otherwise agreed to in a separate written agreement with an Admin User) to provide you with a link to download any User Content and Active User content associated with your account. You may be granted up to ninety (90) days to download and save your User Content, after which time it may be permanently deleted from our servers; provided that the Company may retain copies of such information for its own purposes.

Intellectual Property Rights

The Service and its entire contents, features and functionality, and metadata (including but not limited to the Software and all other information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof and any other aggregate use data), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

No right, title or interest in or to the Software, Service, or any content on the Service is transferred to you, and all rights not expressly granted are reserved by the Company.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Company or users of the Service or expose them to liability.

Additionally, you agree not to:

Use the Service in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.

Use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.

Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Service.

Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.

Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Service.

Monitoring and Enforcement; Termination

We reserve the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion.

Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for the Company.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.

Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Service.

Refuse access to the Service to anyone for any reason at any time.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content and use of Interactive Services. User Content must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, and except to the extent required to provide lawful law enforcement and/or physical and site security services to businesses and individuals, including property protection, event security or personal security, randomized roving vehicle patrol services, security consultations, asset tracking and recovery, foot, bicycle and Segway patrol tours, guard shack services, emergency response services, controlled access to places or events, executive protection, CCTV System Monitoring and self-defense training (“Commercial Security Services”), User Content must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.

Be likely to deceive any person.

Promote any illegal activity, or advocate, promote or assist any unlawful act.

Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.

This Service may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Service

We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Service

All information we collect on this Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Service and Social Media Features

You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Service may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Service.

Send e-mails or other communications with certain content, or links to certain content, on this Service.

Cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

Otherwise take any action with respect to the materials on this Service that is inconsistent with any other provision of these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Service

If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Use Outside of United States

The owner of the Service is based in the State of Nebraska in the United States. This Service was designed for use by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT DIRECT DAMAGES CANNOT BE EXCLUDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION IN THE 3 MONTHS PRIOR TO THE DATE OF THE CLAIM. 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

Governing Law and Jurisdiction

All matters relating to the Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the District Courts of the State of Nebraska in Douglas County or the Federal District Court of the District of Nebraska (as permitted by law).  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Entire Agreement

These Terms of Service, together with any End User License Agreement for application versions of the Service, the Company’s Privacy policy and any enterprise agreement between the Company and an Admin User constitute the entire agreement between you and Lyconic with respect to the Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service. Notwithstanding the foregoing, Admin Users may enter into separate agreements with the Company for the use of the Application, and to the extent of any conflict between any of the terms hereof and such Admin User agreement, the terms of the agreement with the Admin User shall prevail. 

Your Comments and Concerns

This website is operated by Lyconic, LLC, a Nebraska limited liability company headquartered at 15106 Irene St., Omaha, NE 68138.

All notices of copyright infringement claims should be sent to our copyright agent: copyright@lyconic.com.

All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: support.lyconic.com.