1.Terms & Conditions

 

We welcome you to browse and use the ITProFound website and app created from ITProFound. By accessing or using the ITProFound website and developed mobile app, you agree to comply with and be bound by these Terms & Conditions. Please read them carefully. If you do not agree with these terms, you must not use our website or services.

SMS consent, phone numbers, and any other mobile information will not be shared with third parties or affiliates for Marketing or promotional purposes.

 

2. Terminology

The following terminology applies to these Terms and Conditions, Privacy Statement, and any Disclaimer Notice, as well as any or all Agreements:

• "Client," "You," and “Your” denote you, the individual accessing this website and mobile app and agreeing to the company’s terms and conditions.
• “The company," "ourselfs," "We,"  and “us” denote ITProFound.
• "Party," "Parties," or “Us” refer to both the client and ourselves, or either the client or ourselves.

3. Account Registration

To access certain features of our services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

4.Confidentiality

Any information pertaining to the client and their respective client records may be disclosed to third parties. However, client records are treated as confidential and will not be disclosed to any third party except our employees or if legally mandated to do so by the appropriate authorities. Clients have the right to request access to and copies of any and all client records we maintain, provided that we receive reasonable notice of such a request. Clients are encouraged to retain copies of any literature provided regarding the services we offer. When applicable, we will furnish clients with appropriate written information, handouts, or copies of records as part of a mutually agreed contract, benefiting both parties. We are committed to not selling, sharing, or renting your personal information to any third party, nor will we use your email address for unsolicited correspondence unless required by the law of the land. Any emails sent by this company will solely be related to the provision of agreed-upon services and products.

5.User Responsibilities

5.1 Compliance with Laws

You agree to use ITProfound in compliance with all applicable local, state, national, and international laws and regulations. You must not use our services for any unlawful or prohibited purpose.

5.2 Prohibited Conduct

You agree not to:

• Use our services in any manner that could damage, disable, overburden, or impair our servers or networks.
• Attempt to gain unauthorized access to any part of our services, accounts, computer systems, or networks.
• Interfere with or disrupt the integrity or performance of our services or the data contained therein.
• Upload, post, or otherwise transmit any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

Redistribution or republication of any portion of this site, mobile app, or their content is strictly prohibited, including through framing or any other similar means, without the express written consent of the company. While the company endeavors to provide the service from this site and mobile app to the best of its ability, it does not guarantee that the service will be uninterrupted, timely, or error-free. By utilizing this service, you agree to indemnify this company, its employees, agents, and affiliates against any loss or damage, regardless of the manner or cause.

5.3 Log Files

We employ IP addresses to analyze trends, manage the site, monitor user movement, and collect broad demographic information for aggregate use. IP addresses are not associated with personally identifiable information. Furthermore, for systems administration, identifying usage patterns, and troubleshooting purposes, our web servers and mobile app servers automatically record standard access details, such as browser type, access times, URL requested, and referral URL. This data is strictly utilized within this company on a need-to-know basis and is not shared with third parties. Any individually identifiable information linked to this data will never be utilized differently from the stated purpose above without your explicit consent.

6. Intellectual Property

6.1 Ownership

All content, trademarks, service marks, logos, and other intellectual property displayed on ITProFound are the property of ITProFound or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use ITProFound for personal, non-commercial use. This license does not permit you to reproduce, distribute, modify, or create derivative works of our content without our prior written consent.

7. Payment and Subscription

Fees

Access to certain features of ITProFound on both the website and its app may require you to pay fees. All fees are non-refundable unless otherwise stated. You agree to provide accurate and complete billing information and to update such information as necessary.

7.1 Payment Methods

We accept various payment methods, including credit cards and other online payment systems. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your purchase.

8.Termination

8.1 Termination by User

You may terminate your account at any time by contacting our support team. Upon termination, you must cease all use of ITProFound and delete any copies of the software from your devices.

8.2 Termination by ITProfound

We reserve the right to suspend or terminate your account or access to our services at any time, for any reason, including but not limited to a violation of these Terms & Conditions. Upon termination, you will no longer have access to the services, and any data associated with your account may be deleted.

9. Limitation of Liability

To the fullest extent permitted by law, ITProFound and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your access to or use of or inability to access or use the services.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from our services.
• Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our services by any third party.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services.
• Third party damages

10.Dispute Resolution

10.1Governing Law

These Terms & Conditions and any disputes related thereto shall be governed by and construed in accordance with the laws of the state of Minnesota, without regard to its conflict of law principles.

10.2 Arbitration

Any dispute arising out of or relating to these Terms & Conditions or the breach thereof shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

10.3 Changes to Terms & Conditions

We reserve the right to modify these terms and conditions at any time. We will notify you of any significant changes by posting the new terms on our website and updating the effective date. Your continued use of our services after the changes take effect constitutes your acceptance of the updated terms.

10.4 Contact Us

If you have any questions or concerns about these Terms & Conditions or our services, please contact us at support@itprofound.com.

Thank you for choosing ITProFound. We are committed to providing you with a reliable and efficient software solution to enhance your restaurant management experience.

 11. INFORMATION DO WE COLLECT?

 11.1 Information You Provide Directly

• Account Information: When you register on our platform, we collect your name, email address, phone number, and other relevant details.
• Payment Information: If you make purchases, we may collect payment details such as billing address and transaction history (processed securely by third-party payment providers).
• User-Generated Content: If you interact with our platform (e.g., post reviews, ask questions, or participate in forums), we may collect such content.
• Customer Support: When you contact us for support, we may collect the details of your communication and any necessary follow-up information.

  11.2 Information Collected Automatically

• Usage Data: We collect information about how you interact with our website/app, such as pages visited, time spent, and features used.
• Device Information: We gather technical details like IP address, browser type, operating system, and device identifiers.
• Cookies & Tracking Technologies: We use cookies and similar technologies to analyze usage trends, remember preferences, and enhance security.

  11.3 Information from Third Parties

Social Media & Integrations: If you link your social media or third-party accounts, we may collect information as permitted by those platforms.

Business & Analytics Partners: We may receive insights from third-party analytics and advertising partners to improve our services.

12. HOW DO WE PROCESS YOUR INFORMATION?

We process your information to operate, improve, and secure our services while ensuring compliance with applicable laws. Below are the primary ways we process your information:

 12.1. Providing & Managing Our Services

• To create and manage your account.
• To process transactions and facilitate payments.
• To provide personalized experiences, including recommendations and customized content.

 12.2 Enhancing User Experience

• To analyze usage trends and improve our website, app, and services.
• To ensure seamless functionality across different devices and platforms.
• To personalize advertising and marketing efforts based on user interests.

 12.3 Communication & Customer Support

• To send important updates regarding account activity, policy changes, or service notifications.
• To respond to inquiries, requests, or technical support needs.
• To conduct surveys and gather feedback for service enhancements.

  12.4. Security & Fraud Prevention

• To detect, investigate, and prevent fraudulent activities, unauthorized access, or security threats.
• To comply with legal obligations and regulatory requirements.

  12.5. Compliance with Legal Obligations

• To respond to law enforcement requests and comply with applicable laws.
• To enforce our Terms of Service and protect our rights, users, and platform.

13. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

We value your privacy and only share your personal information in specific circumstances necessary to operate our services, comply with legal obligations, or improve user experience. Below are the key situations where we may share your data:

  13.1 When Required to Provide Our Services

   We may share your information with:

• Service Providers & Vendors – Third-party providers who help with payment processing, hosting, analytics, customer support, and other essential services.
• Business Partners – Companies or professionals affiliated with our platform (e.g., experts, vendors, or contractors) when you engage with them.
• Affiliated Companies – If we are part of a group of companies, we may share data with affiliated entities to streamline operations.

  13.2 When Required by Law or to Protect Rights

   We may disclose your personal information:

• To comply with legal requirements, subpoenas, or law enforcement requests.
• To enforce our policies, prevent fraud, or protect our platform, users, and rights.
• In response to security threats, cyber incidents, or suspected violations of our Terms of Service.

  13.3 In Business Transfers or Corporate Transactions

     If we engage in a merger, acquisition, reorganization, or sale of assets, your data may be transferred as part of that transaction.     We will notify you if such changes impact your rights.

     13.4 With Your Consent

      We may share your information with third parties for marketing, partnerships, or other purposes only when you provide explicit 

      consent. You can revoke this consent at any time.

     13.5 Aggregated or De-Identified Information

      For analytical, research, or business development purposes, we may share non-identifiable, anonymized data that does not

      directly reveal your identity.

14. SMS For Consent Communication
The information (Phone Numbers) obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.
 
15. Types of SMS Communications
 Upon consenting to receive text messages from ITProFound, you may receive communications related to the services you opted. Please note that standard messaging disclosures apply.

• Secure Login information as MFA process
• Appointment reminders
• Follow-up messages
• Billing inquiries

Example: "Hello, this is a friendly reminder of your upcoming appointment with Dr. [Name] at [Location] on [Date] at [Time]. Reply STOP to opt out of SMS messaging at any time."

16. Message Frequency
 
Message frequency may vary depending on the type of communication. For example, you may receive up to [X] SMS messages per week related to your [appointments/billing, etc.].

Example:
"Message frequency may vary. You may receive up to 2 SMS messages per week regarding your appointments or account status."

17. Potential Fees for SMS Messaging
 
Carriers may charge fees for each message sent or received. These fees can vary based on the carrier's pricing structure and whether the message is sent domestically or internationally.
 
18. Opt-In Method

You may opt in to receive SMS messages from [Company Name] in the following ways (please correct it to the consent method that you will be using):

By submitting an online form

Verbally, during a conversation

By filling out a paper form

19. Opt-out

 Customers can opt-out of SMS messaging from [Company Name] by replying STOP at any time to any received SMS message. Once opted out, they will receive no further SMS communication. Customers can opt back in at any time by replying START.
 
20. Standard Messaging DisclosuresMessage and data rates may apply. 2-5 per customer

Standard messaging rates will be charged by your mobile service provider.

You can opt out of receiving SMS messages at any time by texting "STOP" to the number from which you received the message.

For assistance, text "HELP" to 651.252.1593 or visit our https://itprofound.com/privacy

21. Opt-in language is required on the website if its intake form is used to collect phone numbers: 

By adding a checkbox consent, the user must actively opt-in to receive text messages, rather than being automatically enrolled in a messaging program. This ensures that the user is fully aware of and agrees to receive these communications. It also provides a record of their consent in case of any future disputes.

Note: 
1. The checkbox must not be pre-checked.
2. Make the checkbox optional, allowing users to provide their phone numbers without agreeing to receive SMS if they choose not to.

"By checking this box, you agree to receive SMS messages from ITProFound related to Product Subscription or Secured Login into the Services provided by our Client through our systems. You can reply stop to opt-out at any time. Reply Help to 651.252.1593. Messages and data rates may apply. Message frequency will vary". You can verify our Privacy policy and Terms & Conditions by requesting through info@itprofound.com