Last Updated: 18th May 2024
Effective From: 18th May 2024
Ingest Labs Inc.("Ingest Labs", "We", "Us", or "Our") is a Software-As-A-Service-based media tagging platform. We are committed to protecting the privacy and security of your personal information. This Privacy Policy outlines how we collect, use, disclose, and protect your information when you use our services or interact with our website. We understand that the information provided by You (as defined below) belongs to You, and not to Ingest Labs.
In this Privacy Policy:
This Privacy Policy applies only to information collected by Ingest Labs or through the Website/Service. This Privacy Policy is subject to the Terms of Service. If any capitalized word or phrase has been defined within the Terms of Service but has not been defined within this Privacy Policy, that word or phrase shall have the same meaning that has been assigned to it under the Terms of Service. By using Ingest Labs Website, you consent to the data practices described in this Privacy Policy.
Ingest Labs collects personal information about (1) Subscribers; (2) Users; and (3) Visitors. If an individual purchases Services or uses the Website directly on its own behalf, then such individual is both a Subscriber and a User.
1.1 Subscriber: The Subscriber is required to provide certain Personal Information that is necessary for Us to provide the Services. We ask for Personal Information during (i) registration of an account; (ii) entering a sweepstakes or contest sponsored by us or one of Our partners; (iii) signing up for special offers from selected third parties; (iv) communicating to Us; (v) when ordering and purchasing Our Services; (vi) filling up the "Contact Us" form on the Website; that includes, but is not limited to the following Personal Information, name, e-mail address, phone number, location, and company information (if any). Please also see 1.2 and 1.3.
1.2 User: When a User registers for a Service, the User is required to provide Personal Information that is necessary for Us to provide the Service. We ask for information that includes but is not limited to, device information, contact information, location, IP address, and user identifiers such as social media profile, email addresses. Please also see 1.3.
1.3 Visitor: Visitors include Subscribers, Users, and all other visitors. When a Visitor visits the Website, Ingest Labs collects information as explained in Section 7 below. We may also collect other Personal Information that is provided by the Visitor at the Visitor's discretion, such as when a Visitor contacts Us.
By accessing or using any part of the Website or Services, You agree to become bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Website or use any Services. 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 this Agreement, You must not accept this Agreement and may not use the Services.
Ingest Labs provides a comprehensive data collection and analytics platform that enables businesses to collect, process, and analyze first-party data from various sources. The Services include but are not limited to:
4.1 General Use. You may use the Services only in accordance with this Agreement. You may not use the Services in any way that is unlawful, or harms Ingest Labs, its service providers, suppliers, or any other user. You may not use the Services in any manner that could damage, disable, overburden, or impair any Ingest Labs server, or the network(s) connected to any Ingest Labs server, or interfere with any other party's use and enjoyment of the Services.
4.2 Your Responsibilities. You are responsible for all activities that occur under Your account and for maintaining the confidentiality of Your account information. You agree to immediately notify Ingest Labs of any unauthorized use of Your account or any other breach of security.
4.3 Compliance with Laws. You agree to use the Services only in compliance with all applicable laws, rules, and regulations, including but not limited to data protection and privacy laws.
5.1 Privacy Policy. Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect Your information when You use our Services. By using our Services, You agree to the collection and use of information in accordance with our Privacy Policy.
5.2 Data Processing. Ingest Labs will process Your data in accordance with applicable data protection laws and our Privacy Policy. We implement appropriate technical and organizational measures to protect Your data against unauthorized access, alteration, disclosure, or destruction.
6.1 Ingest Labs' Intellectual Property. The Services and their original content, features, and functionality are and will remain the exclusive property of Ingest Labs and its licensors. The Services are protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
6.2 Your Content. You retain ownership of Your Content. By submitting, posting, or displaying Your Content on or through the Services, You grant Ingest Labs a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with the Services.
7.1 Fees. You agree to pay all fees or charges to Your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All fees are non-refundable unless otherwise specified in this Agreement.
7.2 Payment Methods. You must provide current, complete, and accurate purchase and account information for all purchases made via the Services. You must promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete Your transactions and contact You as needed.
8.1 Termination by You. You may terminate this Agreement at any time by discontinuing Your use of the Services and notifying Ingest Labs of such termination.
8.2 Termination by Ingest Labs. We may terminate or suspend Your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
8.3 Effect of Termination. Upon termination, Your right to use the Services will cease immediately. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INGEST LABS AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM 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. NEITHER INGEST LABS NOR ANY PERSON ASSOCIATED WITH INGEST LABS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
IN NO EVENT SHALL INGEST LABS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES.
You agree to defend, indemnify, and hold harmless Ingest Labs 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), resulting from or arising out of Your use and access of the Services, or a breach of these Terms.
These Terms shall be interpreted and governed by the laws of the State of Kansas, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
If You have any questions about these Terms of Service, please contact us at:
Email: contact@ingestlabs.com
Address: 7863 W. 155th Terr. Overland Park, Kansas 66223
Modification of Agreement. We reserve all rights to modify the Agreement at Our sole discretion from time to time. You shall be responsible for reviewing this Agreement from time to time for modifications. The last date of modification of this Agreement will be displayed on this page. We may, for Our convenience only and without waiving Your obligation to periodically review the Agreement, attempt to notify You of significant modifications to this Agreement through the Website, in an email notification, or through reasonable means. The modification will be in effect after the completion of fourteen (14) days from the date when the notification was posted or sent, except that the following categories of modification may be made effective immediately: (a) modifications required to provide new features without negatively affecting Your rights under this Agreement; (b) modifications made to correct typographical errors; and/or (c) modifications made to comply with legal obligations, including but not limited to Our or Your obligations under the Applicable Law. You understand and agree that Your registration on, or continued access or use of, the Website beyond the effective date of such modifications shall be deemed to be Your acceptance of all modifications.
Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party's prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety, without the other party's consent to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors, and permitted assigns. Either party may employ subcontractors in performing its duties under this Agreement, provided, however, that such party shall not be relieved of any obligation under this Agreement. This Agreement shall be binding upon and ensure to benefit the parties' successors and permitted assigns.
Force Majeure. Upon the occurrence of a Force Majeure Event, the parties agree to excuse performance under this Agreement and not hold the other liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute a default or give rise to any liability for damages.
Entire Agreement. This Agreement is the entire agreement between Ingest Labs and Subscriber regarding Subscriber's use of Services and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. Standard or printed terms contained in any purchase order or sales confirmation are deemed rejected and shall be void unless expressly accepted in writing by the party against whom their enforcement is sought; mere commencement of work or payment against such forms shall not be deemed acceptance of the terms.
Notices. Except as otherwise permitted in this Agreement, notices under this Agreement shall be in writing and shall be deemed to have been delivered (a) five (5) business days after mailing if sent by registered or certified U.S. mail, (b) when transmitted if sent by facsimile, provided that another promptly sends a copy of the notice means specified in this section, (c) when delivered if delivered personally or sent by express courier service, or (d) on the date on which the email is sent if it is sent on a business day during business hours. All notices shall be sent to the other party at the address set forth in the Order.
Waiver. No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right unless otherwise agreed between the parties in writing
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
Third Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
Relationship of Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for payment of all compensation owed to its employees, as well as all employment-related taxes.
Remedies for Violations: Ingest Labs reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Export Regulations. The Services are may be subject to export laws and regulations of the United States and other jurisdictions. Ingest Labs and Subscriber each represents that it is not named on any U.S. government denied-party list. Subscriber will not use any Service in a U.S.-embargoed country or region (currently Cuba, Iran, North Korea, Sudan, Syria or Crimea) or in violation of any U.S. export law or regulation. Ingest Labs shall not be responsible for any loss or damage caused to Subscriber or any third party as a result of any change in U.S. export control laws and/or regulations.
Statistical Information. Subscriber understands and acknowledge that Ingest Labs may anonymously compile statistical information related to the performance of the Services for purposes of improving the Service, provided that such information does not identify Subscriber's data or include the Subscriber's name.
Governing Law and Jurisdiction. The Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without giving effect to any principles of conflict of law. The courts of Kansas, U.S.A shall have sole and exclusive jurisdiction for all disputes arising out of the Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Order of Precedence. In the event of any conflict or inconsistency between this Terms of Service and any other agreement agreed by and between Ingest Labs and Subscriber, then the order of precedence shall be: (1) other agreement; (2) Exhibits; (3) this Terms of Service.
Audits. Upon Your written request, Ingest Labs will provide a copy of Ingest Lab then most recent third-party security audits or certifications for its production systems, as applicable, or any summaries that Ingest Labs generally makes available to its Subscribers at the time of the request. In the absence of audits or certificates, You may, at Your expense, audit, using a mutually agreed third-party auditor, the technical and organizational measures taken by Ingest Labs, and will document the resulting findings. You shall keep Ingest Labs' trade secrets, data security measures, and information disclosed in connection with any audit confidential in accordance with the confidentiality provisions of the Agreement. Any security risk assessments or audit requested or performed by You: (a) is limited to once in any 12 months, unless required by mandatory data protection law, must not exceed 3 calendar days, and must be conducted under reasonable time, place, and manner conditions; (b) requires reasonable prior written notice of at least 60 days unless earlier required under Applicable Law; (c) must be conducted as per the agreed scope and, to the extent possible, rely on certifications and audit reports or other verifications available to confirm Ingest Labs' compliance with and exclude any repetitive audits; and (d) must provide Ingest Labs with a copy of the audit report. If an audit determines that Ingest Labs is required to take corrective technical and organizational security measures, Ingest Labs will, at its sole discretion, decide which measures are best suitable to ensure compliance and perform the measure within a reasonable time frame.
Contact Us. For any questions or concerns related to the Agreement, please contact Us at contact@ingestlabs.com