Terms of Service

1. Definitions

The following definitions apply throughout these Terms of Service ("Terms" or "Agreement"):

• "Company," "we," "us," or "our" refers to Configview and its affiliates, successors, and assigns.
• "Customer," "you," or "your" refers to the individual or entity accessing or using the Services, including any End Users authorized by such entity.
• "Services" refers to the Configview software platform, including the dashboard, APIs, integrations, scheduled jobs, documentation, and all related tooling, whether accessed via cloud-hosted or self-hosted deployment.
• "Software" refers to all proprietary code, algorithms, architectures, interfaces, libraries, tools, scripts, data models, and documentation comprising the Configview platform.
• "Website" refers to configview.com, getconfigview.com, and any subdomain thereof operated by Configview.
• "End User" refers to any individual authorized by Customer to access and use the Services under Customer's account.
• "Customer Data" refers to any data, content, or information submitted, uploaded, or transmitted by or on behalf of Customer through the Services, including infrastructure metadata ingested from connected third-party platforms.
• "Order Form" refers to any ordering document, subscription agreement, or online purchase flow executed between Customer and Configview specifying the scope, tier, and pricing of the Services.
• "Confidential Information" refers to any non-public information disclosed by either party to the other, whether orally, in writing, or electronically, that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure.
• "Documentation" refers to all user manuals, help files, technical specifications, API references, and instructional materials made available by Configview in connection with the Services.

2. Acceptance of Terms and Authority

2.1 Binding Agreement

These Terms constitute a legally binding agreement between you and Configview. By creating an account, accessing the Services, or clicking "I Agree" (or a similar affirmation), you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction);
• You have the legal capacity and authority to enter into these Terms;
• If acting on behalf of an organization, you have the authority to bind that organization to these Terms, and "Customer" shall refer to that organization; and
• Your use of the Services will comply with all applicable federal, state, local, and international laws and regulations.

2.2 Order of Precedence

In the event of a conflict between these Terms and any Order Form, the Order Form shall control with respect to the specific subject matter of that Order Form. In the event of a conflict between these Terms and any policy referenced herein (including the Privacy Policy or Acceptable Use Policy), these Terms shall control unless the conflicting policy expressly states otherwise.

3. Account Registration and Security

3.1 Account Requirements

To access the Services, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration and maintain its accuracy;
• Designate a primary account administrator who will manage End User access;
• Keep all credentials (passwords, API keys, access tokens) secure and confidential;
• Immediately notify us at [email protected] of any suspected unauthorized access or security breach; and
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

3.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials. Configview shall not be liable for any loss or damage arising from your failure to maintain the security of your account. We reserve the right to suspend any account if we reasonably believe it has been compromised.

3.3 Access Controls

You are responsible for managing End User access within your organization. You shall ensure that each End User complies with these Terms and that access is promptly revoked for any individual who is no longer authorized. You are liable for any breach of these Terms by your End Users.

4. License Grant and Restrictions

4.1 Limited License

Subject to your compliance with these Terms and payment of all applicable fees, Configview grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes during the applicable subscription term, in accordance with the Documentation and any usage limitations specified in your Order Form.

4.2 Restrictions on Use

You shall not, and shall not permit any third party to, directly or indirectly:

1. Reverse Engineer: Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code, underlying algorithms, data structures, or architecture of the Software, in whole or in part;
2. Modify or Alter: Modify, adapt, translate, alter, or create derivative works based upon the Software, Services, or any component thereof, without the prior express written consent of Configview;
3. Copy or Reproduce: Copy, reproduce, duplicate, or replicate the Software or any portion thereof, except as expressly authorized in writing by Configview or as strictly necessary for reasonable backup purposes;
4. Redistribute or Transfer: Sell, resell, license, sublicense, lease, rent, loan, distribute, or otherwise transfer the Services or any rights therein to any third party;
5. Decompile or Disassemble: Attempt to discover or reconstruct the source code, object code, algorithms, data models, processes, or techniques embodied in the Software by any means whatsoever, including but not limited to analysis of output, protocol analysis, or examination of data structures;
6. Remove Proprietary Notices: Remove, obscure, alter, or destroy any proprietary notices, labels, marks, watermarks, or legends affixed to or contained within the Software or Documentation, including copyright, trademark, patent, or confidentiality notices;
7. Bypass Security: Circumvent, disable, or interfere with any security features, access controls, usage limits, encryption mechanisms, or other protective measures of the Services;
8. Compete: Use the Services, or any data or insights derived therefrom, to build, train, improve, or market a competing product or service, or to perform competitive analysis, benchmarking, or feature comparison for competitive purposes;
9. Unauthorized Access: Access or attempt to access any systems, networks, servers, or data not intended for your use, including other customers' accounts, data, or environments;
10. Scrape or Harvest: Use any robot, spider, crawler, scraper, or other automated means to access, extract, index, or collect data from the Services or the Website, or to monitor availability, performance, or functionality for any purpose not expressly authorized;
11. Excessive Load: Intentionally or recklessly impose an unreasonable or disproportionate load on the infrastructure supporting the Services, including denial-of-service attacks or resource exhaustion;
12. Frame or Mirror: Frame, mirror, or otherwise simulate the appearance or function of the Services on any other website, application, or platform;
13. Inject or Tamper: Introduce any virus, worm, Trojan horse, malicious code, or other harmful technology into the Services, or tamper with any data, configuration, or functionality of the Services;
14. Exceed Authorized Scope: Use the Services in any manner that exceeds the scope of the license granted herein, including exceeding the number of authorized users, API call limits, or data volume thresholds specified in your Order Form; or
15. Illegal Use: Use the Services for any purpose that is unlawful, fraudulent, deceptive, harmful, or in violation of any applicable law, regulation, or third-party right.

4.3 Self-Hosted Deployments

If you deploy the Software on your own infrastructure under a self-hosted license, the restrictions in Section 4.2 apply in full. Additionally:

• You shall deploy the Software only on infrastructure owned or controlled by you;
• You shall not make the Software accessible to any third party outside your organization without prior written consent;
• You shall not modify, patch, extend, or alter the Software code in any way unless expressly authorized in writing by Configview;
• You shall maintain the Software in its original, unmodified state and apply only updates and patches distributed by Configview through official channels;
• You shall permit Configview to audit your deployment upon reasonable notice to verify compliance with these Terms; and
• Your self-hosted license is tied to the specific server(s) or environment(s) identified at the time of deployment and may not be migrated without prior written consent.

4.4 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by Configview. No implied licenses are granted by virtue of these Terms or your use of the Services.

5. Intellectual Property

5.1 Ownership of the Services

The Services, Software, Website, Documentation, and all related technology, content, and materials — including but not limited to source code, object code, algorithms, data models, APIs, user interfaces, visual design, graphics, logos, trademarks, trade names, trade dress, and all improvements, enhancements, modifications, and derivative works thereof — are and shall remain the sole and exclusive property of Configview and its licensors. The Services are protected by copyright, trade secret, patent, trademark, and other intellectual property laws of the United States and international jurisdictions.

5.2 No Transfer of Ownership

Nothing in these Terms shall be construed as transferring any ownership interest in the Services, Software, or any intellectual property rights to you. Your right to use the Services is strictly limited to the license expressly granted in Section 4.1.

5.3 Customer Data Ownership

You retain all right, title, and interest in and to Customer Data. By using the Services, you grant Configview a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and display Customer Data solely as necessary to provide, maintain, and improve the Services in accordance with these Terms and the Privacy Policy.

5.4 Aggregated and Anonymized Data

Notwithstanding Section 5.3, Configview may collect and use aggregated, anonymized, and de-identified data derived from your use of the Services ("Usage Analytics") for purposes of product improvement, benchmarking, and industry analysis, provided that such data does not identify you, your organization, or any individual. Usage Analytics shall be owned by Configview.

5.5 Feedback

If you provide suggestions, feature requests, bug reports, ideas, or other feedback regarding the Services ("Feedback"), you hereby assign to Configview all right, title, and interest in such Feedback. Configview may use, incorporate, and commercialize Feedback without restriction, attribution, or compensation. You waive any moral rights in such Feedback to the extent permitted by law.

5.6 Trademarks

The Configview name, logo, and all related marks are trademarks or registered trademarks of Configview. You may not use our trademarks without our prior written consent. Nothing in these Terms grants you any right to use our trademarks in any manner, including in advertising, publicity, or as a link to our Website, except as expressly agreed in writing.

6. Acceptable Use Policy

In addition to the restrictions in Section 4.2, you agree that you will not use the Services to:

• Violate any applicable federal, state, local, or international law, regulation, or governmental order;
• Infringe upon or misappropriate the intellectual property rights, privacy rights, or other proprietary rights of any third party;
• Upload, transmit, or store any content that is unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Interfere with or disrupt the Services, servers, or networks connected to the Services;
• Facilitate or promote any form of spam, phishing, social engineering, or unsolicited commercial communications;
• Use the Services to store or process data subject to specific regulatory requirements (e.g., HIPAA Protected Health Information, PCI cardholder data) unless you have obtained a separate written agreement from Configview governing such use;
• Access the Services from, or make the Services available in, any jurisdiction where such access or use is prohibited by applicable law or regulation; or
• Assist, encourage, or enable any third party to engage in any of the foregoing activities.

7. Subscription, Fees, and Payment

7.1 Subscription Plans

The Services are offered under subscription plans as described on the Website or in your Order Form. Each plan specifies the features, usage limits, number of authorized users, and applicable fees.

7.2 Fees and Billing

All fees are as specified in your Order Form or the then-current pricing published on the Website. Fees are:

• Due in advance on a monthly or annual basis, as specified in your Order Form;
• Non-refundable except as expressly provided herein or as required by applicable law;
• Exclusive of all taxes, duties, and levies, which shall be your responsibility (excluding taxes based on Configview's net income); and
• Payable in United States dollars unless otherwise agreed in writing.

You authorize Configview (or our designated payment processor) to charge your payment method on file for all fees due under these Terms.

7.3 Price Changes

Configview may modify its pricing at any time. For existing subscriptions, price changes will take effect at the start of your next renewal term. We will provide at least thirty (30) days' prior written notice of any price increase. If you do not agree to the new pricing, you may cancel your subscription before the renewal date.

7.4 Late Payments

If any payment is not received by its due date, Configview reserves the right to: (a) charge interest on overdue amounts at the rate of 1.5% per month (or the maximum rate permitted by law, whichever is less); (b) suspend your access to the Services upon fifteen (15) days' written notice; and (c) recover all costs of collection, including reasonable attorney's fees.

7.5 Refunds

[FILL: e.g., "We offer a 30-day money-back guarantee for new subscriptions. Refund requests must be submitted within 30 days of the initial charge. After this period, all fees are non-refundable. Annual subscriptions may be cancelled at any time, but no pro-rata refund will be issued for the remaining term."]

7.6 Free Trials and Promotional Offers

Configview may offer free trials or promotional pricing at its sole discretion. At the end of any trial period, your account will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial expires. Trial terms may be subject to additional conditions disclosed at the time of enrollment.

8. Confidentiality

8.1 Obligations

Each party agrees to: (a) protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; (b) use the other party's Confidential Information solely for the purposes contemplated by these Terms; and (c) not disclose the other party's Confidential Information to any third party except to employees, contractors, or advisors who have a need to know and are bound by obligations of confidentiality at least as protective as those contained herein.

8.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party;
• Was lawfully in the receiving party's possession prior to disclosure;
• Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information; or
• Is lawfully obtained from a third party without restriction on disclosure.

8.3 Compelled Disclosure

If a party is compelled by law, regulation, or court order to disclose the other party's Confidential Information, it shall provide prompt written notice to the disclosing party (to the extent legally permitted) and cooperate in seeking a protective order or other appropriate remedy. Disclosure shall be limited to the minimum extent required.

8.4 Duration

The obligations of confidentiality shall survive termination of these Terms for a period of three (3) years, except with respect to trade secrets, which shall be protected for as long as they remain trade secrets under applicable law.

9. Data Privacy and Security

9.1 Privacy Policy

Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Processing

To the extent that Configview processes personal data on your behalf as a Data Processor, the parties shall comply with the applicable data processing terms. Upon request, Configview will enter into a Data Processing Agreement ("DPA") incorporating Standard Contractual Clauses or other transfer mechanisms required by applicable data protection law.

9.3 Security Measures

Configview shall implement and maintain appropriate administrative, technical, and physical security measures designed to protect Customer Data against unauthorized access, alteration, disclosure, or destruction, as further described in the Privacy Policy and, if applicable, any separate Security Addendum.

9.4 Customer Responsibilities

You are responsible for: (a) ensuring that your use of the Services complies with all applicable data protection laws; (b) obtaining all necessary consents, authorizations, and legal bases required for the processing of personal data through the Services; (c) configuring the Services appropriately to meet your compliance obligations; and (d) maintaining the security of your account credentials and API keys.

9.5 Breach Notification

In the event of a confirmed security breach affecting Customer Data, Configview shall notify Customer without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach. Notification shall include, to the extent known: (a) the nature of the breach; (b) the categories and approximate volume of data affected; (c) the likely consequences; and (d) the measures taken or proposed to address the breach.

10. Third-Party Integrations and Services

The Services enable you to connect third-party platforms (e.g., AWS, Azure, Okta, Google Cloud, Slack, Crowdstrike) via API keys, OAuth tokens, or service account credentials that you provide. With respect to these integrations:

• You are solely responsible for your relationship with, and compliance with the terms of, each third-party provider;
• You represent and warrant that you have all necessary rights and authorizations to connect each third-party platform and to process data obtained therefrom;
• Configview is not responsible for the availability, accuracy, security, or performance of any third-party service;
• Configview makes no representations or warranties regarding any third-party service and disclaims all liability arising from your use thereof; and
• If a third-party provider modifies or discontinues its API, Configview shall not be liable for any resulting impact on the Services.

11. Service Availability

11.1 Uptime

Configview shall use commercially reasonable efforts to maintain the availability of the Services. [FILL: e.g., "We target 99.9% monthly uptime for cloud-hosted deployments, as measured by our internal monitoring systems." OR remove if no SLA is offered.] Scheduled maintenance windows will be communicated at least forty-eight (48) hours in advance whenever practicable.

11.2 Exclusions

Service availability commitments do not apply to downtime resulting from:

• Force majeure events (see Section 16.6);
• Actions or omissions of Customer or its End Users;
• Third-party service outages or API changes beyond Configview's control;
• Scheduled maintenance performed during announced windows; or
• Customer's self-hosted infrastructure, network, or environment.

11.3 Support

Configview shall provide technical support in accordance with the support plan associated with your subscription tier. Support levels, response times, and available channels are described on the Website or in your Order Form.

12. Representations and Warranties

12.1 Mutual Representations

Each party represents and warrants that:

• It has the legal power and authority to enter into these Terms;
• The execution and performance of these Terms does not conflict with any other agreement to which it is bound; and
• It will comply with all applicable laws in its performance under these Terms.

12.2 Configview Warranties

Configview warrants that:

• The Services will perform materially in accordance with the Documentation during the subscription term;
• The Services will be provided in a professional and workmanlike manner; and
• To its knowledge, the Services do not infringe any third party's intellectual property rights.

Your sole and exclusive remedy for a breach of the foregoing warranties is, at Configview's option: (a) correction of the non-conformity; or (b) termination of the affected subscription and a pro-rata refund of prepaid fees for the unused portion of the term.

12.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12.2, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CONFIGVIEW DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CONFIGVIEW DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CONFIGVIEW OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13. Limitation of Liability

13.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE.

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF CONFIGVIEW AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO CONFIGVIEW DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100), WHICHEVER IS GREATER.

13.3 Exceptions

The limitations in Sections 13.1 and 13.2 shall not apply to:

• Liability arising from a party's breach of Section 8 (Confidentiality);
• Customer's breach of Section 4.2 (Restrictions on Use) or Section 5 (Intellectual Property);
• Customer's indemnification obligations under Section 14;
• Liability for fraud, gross negligence, or willful misconduct; or
• Liability that cannot be limited under applicable law.

14. Indemnification

14.1 Customer Indemnification

You shall indemnify, defend, and hold harmless Configview, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns ("Indemnified Parties") from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees and court costs) arising out of or related to:

• Your use of the Services in violation of these Terms;
• Your breach of any representation, warranty, or obligation under these Terms;
• Customer Data, including any claim that Customer Data infringes, misappropriates, or otherwise violates any third party's intellectual property or privacy rights;
• Your violation of any applicable law, regulation, or third-party right; or
• Your End Users' access to or use of the Services.

14.2 Configview Indemnification

Configview shall indemnify, defend, and hold harmless Customer from and against any third-party claim that Customer's authorized use of the Services infringes such third party's intellectual property rights, provided that Customer: (a) promptly notifies Configview in writing; (b) grants Configview sole control of the defense and settlement; and (c) provides reasonable cooperation at Configview's expense. This obligation shall not apply if the alleged infringement arises from: (i) modification of the Services by Customer; (ii) combination of the Services with non-Configview products; (iii) use of the Services in violation of these Terms; or (iv) use of a superseded version if the infringement would have been avoided by using the current version.

15. Term and Termination

15.1 Term

These Terms are effective as of the date you first access or use the Services and continue until terminated. Subscription terms are as specified in your Order Form and shall automatically renew for successive periods of equal length unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

15.2 Termination for Cause

Either party may terminate these Terms immediately upon written notice if:

• The other party materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving written notice thereof; or
• The other party becomes insolvent, files for bankruptcy, or ceases to operate in the ordinary course of business.

15.3 Termination by Configview

Configview may suspend or terminate your access to the Services immediately, without prior notice, if:

• You breach Section 4.2 (Restrictions on Use), Section 5 (Intellectual Property), or Section 6 (Acceptable Use);
• Your use of the Services poses a security risk to Configview or any third party;
• Suspension or termination is required by law or a governmental authority; or
• Your account has been inactive for twelve (12) consecutive months.

15.4 Effect of Termination

Upon termination or expiration of these Terms:

• Your license to access and use the Services shall immediately terminate;
• You shall immediately cease all use of the Services and destroy or return all copies of the Software in your possession;
• You shall pay all outstanding fees owed through the effective date of termination;
• Configview shall, upon written request made within thirty (30) days of termination, make Customer Data available for export in a standard machine-readable format. After such period, Configview may delete Customer Data in accordance with its standard data retention practices; and
• Each party shall return or destroy the other party's Confidential Information, except as required for legal or regulatory compliance.

15.5 Survival

The following sections shall survive termination or expiration of these Terms: Sections 1 (Definitions), 4.2 (Restrictions on Use), 5 (Intellectual Property), 8 (Confidentiality), 12.3 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15.4 (Effect of Termination), 15.5 (Survival), and 16 (General Provisions).

16. General Provisions

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

16.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved as follows:

• Informal Resolution: The parties shall first attempt to resolve any dispute informally by contacting each other in writing. Each party shall have thirty (30) days to respond before escalating.
• Binding Arbitration: If the dispute cannot be resolved informally, it shall be finally resolved by binding arbitration administered by [FILL: e.g., "the American Arbitration Association (AAA) under its Commercial Arbitration Rules" OR "JAMS under its Comprehensive Arbitration Rules"]. The arbitration shall take place in San Francisco, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or Confidential Information.

16.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST CONFIGVIEW.

16.4 Entire Agreement

These Terms, together with any Order Form, the Privacy Policy, and any other policies or addenda expressly incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

16.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

16.6 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent such failure or delay results from causes beyond such party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, epidemics or pandemics, government actions, power failures, internet or telecommunications outages, or cyberattacks. The affected party shall provide prompt notice and use commercially reasonable efforts to mitigate the impact.

16.7 Waiver

No failure or delay by either party in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right. Waivers must be in writing and signed by the waiving party to be effective.

16.8 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder, in whole or in part, by operation of law or otherwise, without the prior written consent of Configview. Any attempted assignment in violation of this section shall be void. Configview may assign these Terms freely in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, upon notice to Customer.

16.9 Notices

All notices under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; (c) sent by nationally recognized overnight courier; or (d) three (3) business days after being sent by certified mail, return receipt requested. Notices to Configview shall be sent to the address specified in Section 17. Notices to Customer shall be sent to the email address associated with Customer's account.

16.10 Independent Contractors

The relationship between the parties is that of independent contractors. Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between the parties.

16.11 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. No person or entity other than the parties hereto shall have any right to enforce any provision of these Terms.

16.12 Export Compliance

You agree to comply with all applicable export and import control laws and regulations, including the U.S. Export Administration Regulations (EAR) and Office of Foreign Assets Control (OFAC) sanctions programs. You shall not access or use the Services from, or export the Software to, any country, entity, or individual prohibited by applicable export control laws.

16.13 Government End Users

The Software and Documentation are "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. If the Software is licensed for use by or on behalf of the U.S. government, it is provided with only the commercial license rights and restrictions described in these Terms.

16.14 Modifications to Terms

Configview reserves the right to modify these Terms at any time. We will notify you of material changes by: (a) posting the updated Terms on the Website; (b) updating the "Effective Date" at the top of this page; and (c) sending notice to the email address associated with your account at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services and cancel your subscription.

17. Contact Information

For questions about these Terms of Service, please contact us: