StratoQ Terms of Service

Posted Feb 20, 2020

Parties

Provider - PDXware,Inc., developer of StratoQ and related services

Customer - Organization administrator, end-users, and agents that interact with our products and services.

Distributor/Reseller - Independent party responsible for selling and providing our products to the customer.

Specific Terms

TOS - Terms of Service Agreement

MFD - Multi-function device, or copier

KB - Knowledge base

Acknowledgement of Use and Acceptance

These Terms of Service cover and describe your use of our products, services, and website.  If you use our products, either as a paying customer, reseller, or trial customer, you are giving your acknowledgement and acceptance of these TOS.  If you create an account within our service for your organization, add our application to your hardware (whether owned by you or leased), or use our software as an end-user, you acknowledge and accept our then-current TOS.

If you are an account administrator and have shared this service out to end-users, whether within your organization, independent contractors or agents, or guests, you acknowledge that you accept these TOS on behalf of those users and are responsible for their use of the products and services.

Description of service

The StratoQ service refers to any of the associated products created and maintained by PDXware.  This can refer to the stratoq.com or country-specific websites, the embedded application that runs on the touch-panel of a copier or MFD, or any other StratoQ-branded installed software provided by PDXware. 

In some cases StratoQ will connect to an outside service (such as Google’s G Suite) on behalf of the user to facilitate printing of documents or scanning.  PDXware is not responsible for the data exchanged with these applications, and it is the customer’s responsibility to ensure that no agreement is breached with those third-party applications by using StratoQ.

Obligations of Customer

StratoQ provides end users access to their data (including print jobs, stored files on third-party systems, and internal account information) via the SDKs of various MFD hardware manufacturers.  While we strive to make this access as secure as possible, it is ultimately the customer’s responsibility to secure access to those devices themselves, as well as to the third-party systems StratoQ interacts with.

We will offer and recommend configurations which maximize the security of this data.  These recommendations are available through our manufacturer-specific Security Recommendations KB articles.  PDXware is not responsible for any loss of data or any unauthorized access to data if the customer chooses not to enable our security features and/or fails to secure administrative access to the MFD or internal network or otherwise fails to follow PDXware’s recommendations.  While we strive to make our application as secure as possible, we cannot guarantee 100% security, even if all recommendations are followed.

Purchase Agreement

PDXware does not directly sell any products or services to end-users or customers.  PDXware is not subject to any terms or provisions of the agreement made between the customer and the reseller.

PDXware may need to discontinue or change one of our services due to outside security considerations, changes to the device SDKs, or changes to the APIs of the third-party applications we integrate with.

In some cases PDXware may decide to significantly change the services provided for other reasons.  In these cases, a 12-month notice period will be given.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PDXWARE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF PDXWARE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF PDXWARE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO SIX MONTHS OF YOUR SERVICE FEE FOR THE AMOUNT OF $39. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.

Indemnification

Customer will indemnify, defend and hold harmless PDXWARE from and against all liabilities, damages and costs (including settlement costs and reasonable attorneys' fees) arising out of any claim by a third party against PDXWARE and its affiliates regarding: (i) Customer Data; (ii) Customer's use of the Services in violation of this Agreement; or (iii) End Users' use of the Services in violation of this Agreement.

Acceptable Use

By accepting this agreement and using the service, the customer agrees not to engage in any of the following actions or unacceptable behaviors.

• Sell or resell the service unless given permission by PDXWare or an authorized distributor
• Reverse Engineer or reproduce any of the services
• Scan, probe, test, or violate any of the StratoQ systems or networks
• Attempt to access the service on another end-user’s behalf
• access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk)
• Violate any terms of use or service between the customer, third-party services, and/or purchase agreements