FOURTH iD - Terms and Policy

Terms of Agreement

By using the application You (End-User) are agreeing to the terms of use outlined below for the FourthID product and are granted a license of use.

FourthID is a product of FourthIQ, LLC located at 4230 Pablo Professional Court, Jacksonville, FL 32224.

The parties of this License Agreement agreement acknowledge that Apple or Google is not a Party to this Agreement. 

This License Agreement may not provide for usage files for the Application that are in conflict with the latest App Store Terms of Service and Google Play Terms of Service. FourthIQ acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

1. The Application   

FourthID (hereinafter: Application) is a piece of software created to provide convenience for tenants and their guests - and focused on a simple mobile application experience . It is used to allow easy access to buildings, complexes, offices, amenities and other areas - all from a mobile device.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPPA), Federal Information Security Management Act (FISMA), etc.) so if your interactions would be subjected to such laws, you may not use this Application. You may not use this Application in a way that would violate the Gramm-Leach-Biley Act (GLBA).

2. Access Features

The Application provides the ability to access doors and areas for convenience. The Parties agree that FourthIQ will not be held liable for any issues related to access (ex. locked out) due to power outage, internet issues/malfunctions, BLE/NFC disruptions, or any 3rd party issue that may arise. You will hold FourthIQ harmless for any matter related to access, doors, and area mapping.

3. Scope Of License

2.1 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt or attempt to derive the source code of the Application, or any part thereof (except with FourthIQ’s prior written consent).

2.2 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.3 Licensor reserves the right to modify the terms and conditions of licensing.

2.4 Nothing in this license should be interpreted to restrict third-party terms and conditions.

4. Technical Requirements

3.1 Licensor attempts to keep Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

5. Maintenance And Support

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in each application store/marketplace.

4.2 FourthIQ and the End-User acknowledge that Apple/Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application. 

6. Use Of Data

You acknowledge that Licensor will be able to access and adjust your downloaded licensed Application content and your personal information, and that Licensor’s use of such material and information is subject to your legal agreements with Licensor.   

7. User Generated Contributions

The Application does not offer users to submit or  post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material(collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The Creation, distribution,transmission, public display, or performance, and the accessing, downloadingf, or copying of your Contributions do not and will not infringe the proprietary rights, including but no limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
  4. Your Contributions are not obscene, lewd, lasviscious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  5. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  6. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  7. Your Contributions do not violate any applicable law, regulation, or rule.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

8. Contribution License

You agree that we may have access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions of other feedback regarding Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other property rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9. Liability

8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. 

10. Warranty

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download. 

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of FourthIQ’s sphere of influence that affect the executability of the Application.

11. Legal Compliance

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

12. Contact Information

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Legal Department

4230 Pablo Professional Court

Jacksonville, FL 32224 

legal@FourthIQ.com

13. Termination

The license is valid until terminated by FourthIQ or by You. Your rights under this license will terminate automatically and without notice from FourthIQ if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application. 

14. Applicable Law

This license is governed by the laws of the State of Florida.

15. Miscellaneous

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.