privacy

transmission of data

customer understands that the technical processing and transmission of customer’s electronic communications is fundamentally necessary to customer’s use of software. customer expressly consents to AccountTECH’s sending, receiving and storage of electronic communications and/or customer data, and customer acknowledges and understands that customer’s electronic communications will involve transmission over the internet, and over various networks, only part of which may be owned and/or operated by accounttech.

customer acknowledges and understands that changes to customer’s electronic communications may occur in order to conform and adapt such data to the technical requirements or security requirements of connecting networks and/or devices. customer further understands that, notwithstanding any information security plans or protocols, electronic communications may be accessed by unauthorized parties when communicated across the internet, network communications facilities, telephone, or other electronic means. customer agrees that AccountTECH, and its respective officers, directors, employees, agents, subcontractors, are not responsible for any electronic communications and/or customer data which are lost, altered, intercepted or stored without authorizations during the transmission of any data whatsoever across networks not owned and/or operated by accounttech.

online file storage

customer may use the software for online electronic storage of files of many different types in support of customer’s real estate brokerage operations. customer hereby warrants that all files stored online within the software are file “backups”, and further declare that they are maintaining the original files using other customer resources outside of the software. as such, customer will indemnify, defend and hold harmless accounttech, its affiliates, successors, and assigns, including the applicable officers, directors, employees, agents and subcontractors thereof for damages, costs and attorneys’ fees associated with any claim over lost or unrecoverable files stored within the software.

confidentiality & proprietary rights

a. confidentiality

i. in connection with this agreement, each party (the “disclosing party”) may disclose or make available confidential information to the other party (the “receiving party”). subject to section 5(a)(ii), “confidential information” means information in any form or medium (whether oral, written, electronic, or other)...

• the software and documentation are the confidential information of AccountTECH.
• the terms of this agreement are the confidential information of AccountTECH.

ii. confidential information does not include information that the receiving party can demonstrate by written or other documentary records:

• was rightfully known without restriction prior to disclosure.
• became public knowledge without breach.
• was lawfully received from a third party.
• was independently developed without use of confidential information.

iii. as a condition to being provided with confidential information, the receiving party shall:

• not use it beyond the scope of the agreement.
• limit access to authorized representatives bound by confidentiality.
• safeguard it using reasonable care.
• promptly notify of any unauthorized access or disclosure.
• remain responsible for representative misuse. 

iv. if required by law to disclose confidential information, the receiving party will notify the disclosing party in advance and cooperate in seeking protective measures. only the minimum legally required information will be disclosed.

b. intellectual property rights

i. customer acknowledges that:

• the software and documentation are licensed, not sold.
• AccountTECH retains full ownership of all intellectual property rights.
• any ip developed by customer relating to the software is assigned to accounttech.

ii. during the agreement term, customer agrees to:

• protect the software from unauthorized use or access.
• support AccountTECH’s efforts to enforce its ip rights.
• notify AccountTECH of potential infringements or claims.
• cooperate in legal actions as needed to defend those rights. 

iii. nothing in this agreement grants any implied rights to the software or documentation. customer only receives the limited license expressly granted.