1. Overview

Direct Sale from EventTracker: If you have purchased EventTracker directly from EventTracker, this document is incorporated into your Master Services Agreement / Statement of Work / License Agreement with EventTracker.
Sale via an authorized EventTracker partner: If you have purchased EventTracker through an authorized EventTracker partner, this document is for description purposes only; and the contract, if any, governing the provision of the services will be between you and your authorized partner. Your authorized partner should provide this document to you.

2. Service Summary

EventTracker Technical Support is intended to assist users who are experiencing problems with normal operation of the product, as documented. Product updates (Enhancements / Features / Updates) are available to you through our website.

2.1 Trouble-Shooting and Remote Support

EventTracker Technical Support provides remote technical and troubleshooting assistance. EventTracker technical support engineers will deliver support and assist the customer by providing remote diagnostics, troubleshooting and address any product-related issues. Incidents caused by software defects will be addressed by providing corrective product updates containing fixes that may have already been released for all customers or with a fresh product update containing a specific fix to address the problem(s) reported.

All incidents reported to EventTracker Technical Support will be logged and managed via a specific case number. This unique number is used to track customer-reported problems, description of the problem, and will contain a record of the progress / action taken until the case is closed.

You must provide EventTracker Technical Support, or its authorized representative, administrator level access to the Windows instance hosting EventTracker and the application itself either through TeamViewer, VPN or comparable method. The absence of this, will negatively impact the ability of the Technical Support team or its authorized representative to deliver timely support.

2.2 HealthCheck

HealthCheck is a service offering from EventTracker Technical Support to its customers. This is a preventive maintenance offering, that reviews the current configuration and environment of the EventTracker server. It is recommended that HealthCheck is performed at least twice a year.

3. Support Delivery and Hours of Work

All problems logged to EventTracker Technical Support will be addressed on a best effort basis, Monday thru Friday, between 12:30-21:30 GMT (08:30 AM-5:30 PM Eastern Time) except US holidays. If you feel, your service request is not being addressed on a timely basis, you can escalate the matter to our Customer Relations Manager/Service Manager.

4. Contact

You can open a new case for technical support at sanket.eventtracker.com. You can email Technical Support at support@eventtracker.com You can call Technical Support on Toll Free: 877.333.1433 or Tel: +1.410.953.6776 You can get updates at www.eventtracker.com.

5. Data Privacy

EventTracker LLC. (“EventTracker”, “We,” “Us,” “Our” or similar pronouns), created this Privacy Statement to demonstrate our firm commitment to your privacy. This Privacy Statement discloses our information gathering and disseminating practices for use of the services we provide at www.eventtracker.com (the “Service”).

5.1 Privacy Policy

We strongly believe in protecting the privacy and confidentiality of Personally Identifiable Information (“PII”) that refers or relates to our remote access users (“You” or “Your”) and your clients. We explain what information we collect about you, how we use the information we collect, how we protect the security and confidentiality of such information, and what you should do if you have any questions or comments. Our commitment to you is clear: We do not sell, license or rent any PII about you or your customers, your information or any other information about your affiliates to any third-party without your express consent and we will take reasonable measures to protect the confidentiality of the PII you provide to us.

5.2 Terms of Use

This Privacy Statement co-exists with our Terms of Use, and together both policies govern the practices of use of the Service. Your use of the Service at any time shall be deemed consent and conclusive evidence of your agreement that your license to access and use the Service is governed by this Privacy Statement and Our Terms and Conditions of Use. We encourage you to familiarize yourself with both policies.

5.3 Changes to This Privacy Statement

We may change this Privacy Statement and/or the Terms and Conditions of Use at any time by posting revisions to the Terms of Use of the Service. Your use of this Service constitutes acceptance of the provisions of this Privacy Statement and the Terms and Conditions of Use, and your continued usage after such changes are posted constitutes acceptance of each revised Privacy Statement and/or Terms and Conditions of Use.

5.4 What Information is collected?

If you choose to provide PII to us, you represent and warrant that all such information is true, accurate and complete, and in compliance with our Terms of Use.

5.5 General Use of the Service

We continually seek to improve the quality of the Service so that we may better meet your needs. As part of this process, the information we collect from our Service users and data regarding your use of this Service is used in the following ways:

  • By us – We use the PII that you provide to us (such as your name, address, phone and fax numbers, email address and other similar types of information specific to you) to statistically analyze the Service usage and to improve the Service and our product and service offerings. We may use your email address, mailing address, phone or fax number to contact you regarding comments that you may have provided or information that you actively requested from us. Further, we may be required to disclose PII by court or administrative order such as a law, regulation, search warrant, or subpoena. We may also provide third parties with aggregate information regarding users of the Service. For example, we might inform third parties regarding the number of unique users of our Service, and aggregate information on the types of the activities such users conducted while on the Service. This aggregate information will not contain information that can identify you and will not contain any PII that refers or relates to you.
  • By Third Parties – We provide no PII about you or your customers to any third-party without your express consent. Further, without your consent, no third-party will contact you using PII you gave to us through the Service (but note, that if we obtain or are provided information about you from other sources, this restriction does not apply).

5.6 Security of Personal Identifiable Information

We take the security of PII seriously. Commercially reasonable efforts are made to secure servers, networks, host operating systems and databases against unauthorized access. Please remember that the security measures taken above are not infallible; no hosted service can guarantee that personally identifiable information will be protected in all situations. Therefore, we can only state that we will make a reasonable effort to protect from unauthorized access the information that you provide. You must also recognize your role in the security and maintenance of all your access and login credentials, and we are not liable or responsible for any failure by you to maintain such security.

5.7 Updating Your Personal Information and Contacting Us

You can always contact us in order to: (i) update the PII you have provided; or (ii) direct us to render inactive on our systems all PII that refers or relates to you. We may be reached by email at privacy@eventtracker.com.

6. EventTracker Responsibilities

Provided you have paid all relevant licensing and support fees, EventTracker Technical Support will:
  • Provide services set forth in the Service Description.
  • Provide all Product Updates and Version Releases commercially released by EventTracker.
  • Use its reasonable commercial efforts to resolve technical problems identified within EventTracker.

As detailed in section 2, “Service Summary”, EventTracker’s responsibilities are limited to ensuring, to the best of our capabilities, that EventTracker is functioning as configured at the customer site.

7. Your Responsibilities

You shall supply EventTracker with all technical data and all other information EventTracker may reasonably request from time to time to allow EventTracker to supply the services to you, including a completed pre-deployment questionnaire. You shall provide EventTracker Technical Support, or its authorized representative, administrator level access to the Windows instance hosting EventTracker and the application itself either through TeamViewer, VPN or comparable method. Obtaining all approvals required by any third parties in order for EventTracker to perform any services under this Service Description is your responsibility. EventTracker shall not be in default of its obligations, to the extent it cannot perform the service, either because such approvals have not been obtained or any third-party otherwise prevents EventTracker from performing such services. You assume full responsibility for the control and use of the data contained in any reports provided by EventTracker here under. You acknowledge the potential privacy and other issues associated with the collection and use of this data. You assume full responsibility to back-up and/or otherwise protect all data against loss, damage, or destruction. You acknowledge that it has been advised to back-up and/or otherwise protect all data against loss, damage or destruction. You recognize that information sent to and from you will pass through EventTracker’s systems and accordingly you undertake to comply with all relevant legislation applicable to its use of the Internet. Implementing and using strong passwords for accessing EventTracker dedicated infrastructure, is your responsibility. You agree that you will not resell the Product and/or Services or create or offer derivative versions of the services either directly or through a third-party. You agree to pay EventTracker, at EventTracker's then current rates, plus any reasonable actual out-of-pocket expenses, for any rework or additional work resulting from the modification of services requested by you (and accepted by EventTracker) or any act or omission by you, including providing inaccurate information to EventTracker. EventTracker shall seek your approval in advance of incurring such costs, if it knows costs will be incurred as a result of such act or omission by you. In performing the services, EventTracker may instruct you to perform certain tasks or checks relating to your network / infrastructure. You should, at your own expense, perform all such checks and tests. You shall comply with such laws and regulations governing use, export, re-export, and transfer of EventTracker Products and technology and will obtain all required U.S. and local authorizations, permits, or licenses. You must notify EventTracker within seven (7) calendar days, if the number of licenses used increases by more than five percent (5%) of the declared licenses. EventTracker reserves the right to require you to purchase additional licenses, if the number of actual distinct agents/devices (as shown by EventTracker’s traffic logs) exceeds the number of licenses from time to time. Your failure to comply with this section may be deemed a material breach.

8. Force Majeure

EventTracker is not liable for failure to perform its obligations, if such failure is as a result of:
  • Acts of God (including but not limited to fire, flood, earthquake, storm, hurricane, typhoon or other natural disasters);
  • War, riot, invasion, act of foreign enemies, hostilities (regardless of whether war is declared);
  • Civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, explosion;
  • Contamination by radio-activity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radio-active toxic explosive;
  • Nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, boycott;
  • Slowdown or interruption or failure of electricity or telephone service, acts of state or governmental action prohibiting or impeding from performing its respective obligations under the contract.

Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Force Majeure Event.

9. Limitation of Liability

EventTracker’s and its affiliates liability for damages from any claim or cause of action whatsoever relating to services, deliverables, or any other matter considered by this agreement shall not exceed fifty percent (50%) of the amount paid by the customer for such services. EventTracker shall not be liable for any special, indirect, incidental, consequential, punitive, exemplary, or extra-contractual damages of any kind, even if EventTracker is advised of the possibility of such damages.

10. Exclusions

EventTracker Technical Support will use appropriate processes, procedures and tools to troubleshoot and resolve issues reported by customers. Services that are not expressly set forth in this Service Description are not covered, including without limitation, the following:

  • Any customization of EventTracker Software
  • Services relating to installation of EventTracker Software
  • Services pertaining to non-EventTracker products used
  • Services or software to resolve Software/Hardware problems resulting from third-party products
  • Resolution of causes beyond EventTracker control or failure by you to perform your responsibilities as set forth in this Service Description
  • Expenses incurred to visit your location

10.1 E-mail

Computer viruses can be transmitted via email. Recipients should check received email and any attachments for the presence of viruses. EventTracker accepts no liability for any damage caused by any virus transmitted by email. E-mail transmission cannot be guaranteed to be secured or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.

10.2 Anti-virus Software

Anti-virus software scans files or your computer's memory for certain patterns that may indicate an infection. The patterns it looks for are based on signatures (definitions) of known viruses. Virus authors are continually releasing new and updated viruses, so it is important that the latest definitions be installed across your environment. The management and performance of your Anti-Virus solution is out of scope of any services provided by EventTracker.

10.3 Software Patches and Operating System Updates

Software companies on periodic basis release patches or updates for the Products or Technologies they produce. If such patches are not applied when released by the software manufacturer, you might be susceptible for malware to enter your environment. Such malware could exploit flaws in your systems in order to do its work.

Defects in clients such as web browsers, email programs, instant messaging software, image viewers, and or media players may allow malicious websites, email messages, IM messages, images, and sound files to infect or compromise your computer systems with no action on your part, other than viewing or listening to a website, message, or media.

The application and management of system and software patches is out of the scope of any services provided by EventTracker.

10.4 Mobiles Phones and Tablets

Mobile phones and tablet devices are getting more popular and complex all the time, and therefore, making them a target for theft. If such devices fall into the wrong hands, using the wireless access, could make you vulnerable to the theft of your identity and other personal information. Also, such devices are becoming more susceptible to hacks. Attackers are exploiting vulnerabilities in the software, by writing viruses and other malware for phones and tablets. Such malware can disable your device or expose the data stored on it.

To protect such devices, select a strong password (if applicable to your phone/tablet). This assists in restricting access to the keypad. Change this password often. Keep the operating system and software of your phone /tablet patched and updated to protect against harmful software, just like you would your regular computer system.

The application and management of system and software patches to mobile devices is out of the scope of any services provided by EventTracker. Theft and misuse of mobile devices is out of the scope of any services provided by EventTracker.

11. Copyright

All intellectual property rights in this work belong to EventTracker. The information contained in this work must not be reproduced or distributed to others in any form or by any means, electronic or mechanical, for any purpose, without the prior permission of EventTracker, or used except as expressly authorized in writing by EventTracker. Copyright © 1999 - 2019 EventTracker. All Rights Reserved.

12. Trademarks

All company, brand and product names are referenced for identification purposes only and may be trademarks or registered trademarks that are the sole property of their respective owners.

13. Disclaimer

EventTracker reserves the right to make changes to this document and the content described herein without notice. EventTracker has made all reasonable efforts to ensure that the information in this document is accurate and complete. However, EventTracker shall not be liable for any technical or editorial errors or omissions made herein or for incidental, special, or consequential damage of whatsoever nature resulting from the furnishing of this document, or operation and performance of equipment in connection with this document.

This document was last revised on January 9, 2019.