Movista Licensed System
Terms of Use
Welcome to Movista, owned and operated by Movista, Inc., a Delaware corporation located at 406 SE 5th Street, Bentonville, AR 72712 (“Movista” or dba “Natural Insight”). By accessing and using the Movista mobile application, office administrator portal, databases, upgrades, and components thereof (the “Licensed System”), or any other products or services offered by Movista, you agree to be bound by these Terms of Use, our Privacy Policy, and all other terms, policies, and operating procedures that may be published at www.movista.com (the “Website”) or otherwise required by applicable laws or regulations. In addition, please note your employer signed a Master Services Agreement (the “Agreement”) with Movista granting you access to the Licensed System as an Authorized User of the company.
This document sets forth the Terms of Use under which you may use the Licensed System. Please read this page carefully. If you do not accept the Terms of Use stated here, please do not use the Licensed System. We may revise these Terms of Use at any time. You should visit the Website periodically to review the Terms of Use, because they are binding on you. If you violate any of these Terms of Use, your permission to use the Licensed System automatically terminates.
Scope of Use
Movista invites you to use the Licensed System in conjunction as an Authorized User of your company which has contracted with Movista under the Agreement to provide you access the Licensed System. Under no circumstances may you resell or offer access for a fee, the Licensed System, or any other products or services offered by Movista unless authorized in a separate written agreement. Except as otherwise provided on this page, no part of any Movista Content or software of the Licensed System may be copied, downloaded, recorded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Movista.
Privacy
You acknowledge and agree that the Licensed System is utilized to provide for mPlan distribution and response by your employer, and to track location data and other system and hardware usage data by you while, as an Authorized User, you are accessing the Licensed System (collectively “Collected Data”). You consent to the collection, tracking, and maintenance of Collected Data, and consent to the providing of such Collected Data by Movista to your employer, and consent to Movista’s maintaining and use of such data pursuant to these Terms of Use and the Agreement. You acknowledge that you must deactivate the mobile application portion of the Licensed System to prevent such data tracking of Collected Data, and that it is solely your obligation to deactivate the mobile application portion of the Licensed System during non-working hours and/or reactivate the mobile application portion of the Licensed System during working hours. In addition, the Licensed System may share updated Authorized User Information regarding you with your employer.
Trademarks
The associated logos, Movista and Natural Insight, are registered service marks of Movista. Unauthorized use of any Movista trademark, service mark or logo may be a violation of federal and state trademark laws.
Copyright
The Licensed System is protected by U.S. and international copyright laws. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Licensed System or individual sections of the content, design or layout of the Licensed System or Licensed System logos without our express written permission.
Licensed System Modifications
Movista reserves the right to modify the Licensed System and the rules and regulations governing its use, at any time. Modifications will be posted to the Licensed System, and Authorized Users are deemed to be apprised of and bound by any changes to the Licensed System. Movista may make changes in the products and/or services described on the Licensed System at any time and will ensure all changes provide functionality as least as capable as existed prior to the change.
Links
From time to time, we may post links that will allow you to leave the Licensed System. The linked sites are not under the control of Movista, and the content available on the sites linked to the Licensed System do not necessarily reflect the opinion of Movista. Movista is providing these links as a convenience to you, and access to any other sites linked to the Service is at your own risk. Movista assumes no responsibility for the content of such linked sites. The inclusion of any link does not imply a recommendation or endorsement by Movista of the linked site.
Billing
Your company has executed the Agreement with Movista and requested an Authorized User account for your use, all fees will be billed directly to your company according to the terms of the Agreement.
Accurate Information
In consideration of your use of the Licensed System, you agree to: (1) provide true, accurate, current and complete information about yourself, including, but not limited to, your email address, first and last name, as prompted by the Licensed System (such information being the “Authorized User Information”); and (2) maintain and promptly update the Authorized User Information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if Movista has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Movista has the right to suspend or terminate your use of the Licensed System and any future use of the Licensed System.
Use of Information
You agree that you will not use any Authorized User Information received as a result of your participation in the Licensed System for any purpose other than those explicitly agreed to by the Authorized User to whom that information pertains. You further agree that you will not disclose any Authorized User Information to anyone not subject to these Terms of Use.
Please consult the Privacy Policy for guidance about how Movista uses your Personal Information.
If European data protection legislation applies to the processing of Authorized User Information or Personal Information, the parties acknowledge and agree that (a) this section contains the subject matter and details of the processing; (b) Movista is a processor of Authorized User Information and Personal Information; (c) you are a controller or processor, as applicable, of that Authorized User Information and Personal Information; and (d) each party will comply with the obligations applicable to it under the European data protection legislation with respect to the processing of that Authorized User Information and Personal Information. You represent and warrant that: (1) you have acquired all relevant rights and consents to provide to Movista such Authorized User Information and Personal Information; (2) the data subjects are informed of such processing in compliance with European data protection legislation; (3) Movista shall have all the necessary rights to use such Authorized User Information and Personal Information for the purpose of the Licensed System; and (4) if the European data protection legislation applies to the processing of Authorized User Information and Personal Information and you are a processor, you warrant to Movista
that your instructions and actions with respect to that User Information, including your appointment of Movista as another processor, have been authorized by the relevant controller.
Intellectual Property Ownership
Movista alone (and its licensors, where applicable) owns and shall at all times hereunder remain the owner of all right, title and interest, including all related intellectual property rights in and to the Licensed System and content, data and other materials collected or provided by Movista or any third party acting on behalf of Movista (collectively, the “Movista Content”). In addition, Movista shall exclusively own any suggestions, ideas, enhancements, enhancement requests, modifications, feedback, recommendations or other information provided by you, or any other party to Movista relating to the Service. (collectively, the “Enhancements”) This is not a sale and does not convey to you any rights of ownership in or related to the Licensed System, the Movista Content, or any of the related intellectual property rights owned by Movista.
Security
You are responsible for maintaining the confidentiality of your validated and activated e-mail, username and password. Your company is responsible for all uses of your validated and activated e-mail, username and password, and any and all related charges, whether or not authorized by you.
A Note to Authorized Users Outside the United States
If you are a non-U.S. Authorized User of the Licensed System, by using the Licensed System and/or providing us with information, you acknowledge and agree that your Personal Information may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Information may be less stringent than the laws in your country. By providing your information, you consent to such transfer. Personal Information means information that (1) relates to an individual natural person; and (2) identifies or can be used to identify, locate or contact that individual alone or when combined with other personal or identifying information that is or can be associated with that specific individual.
No Professional Advice
The content accessed through the Licensed System is intended to be a general information resource for the subject matter covered, but is provided solely on an “AS IS” and “AS AVAILABLE” basis as noted herein. You are encouraged to confirm the information contained herein with other sources. Movista is not engaged in rendering medical, investment, financial, tax, accounting, legal, engineering, medical or other professional services or advice. If you desire or need such services or advice, you should consult a professional. You should not construe Movista′s publication of this content as an endorsement by Movista of the views expressed herein, or any warranty or guarantee of any of these views, opinions or recommendations.
Content
Although Movista undertakes no obligation to review, monitor or moderate any content, data or other materials provided to Movista by you (“Customer Content”), or you for in putting or processing Customer Content posted to the Licensed System, Movista reserves the right to remove any Customer Content which violates these Terms of Use.
Unless expressly noted, Movista does not control, approve or endorse any content posted on the Licensed System, or represent the accuracy, truthfulness, quality or reliability of any such Customer Content. The Customer Content posted by an Authorized User of the Licensed System is solely the opinion and/or
expression of the Authorized User that posted such Customer Content and does not necessarily reflect the opinions of Movista. Any reliance by you upon the Customer Content of the Licensed System shall be at your sole risk.
You should exercise sound judgment when posting Customer Content to the Licensed System to avoid making threatening, offensive, abusive, unlawful, false or unsubstantiated remarks. You are solely responsible for any messages posted by you that include any such remarks, and each message you post may identify you as the author of such message. You should also avoid posting any message containing (1) Personal Information, (2) confidential information or (3) any third-party content (e.g., music, voice recordings, etc.) without the express written permission of the content owner.
Location
The Licensed System is operated by Movista from its offices in the United States. Movista makes no representation that the information located on the Licensed System is appropriate or available for use in other locations, and access to the Licensed System from territories where the content of the Licensed System may be illegal is prohibited. Those who choose to access the Licensed Systems from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on the Licensed System will be governed by the laws of the state of Arkansas excluding the application of its conflicts of law rules.
Violations and Additional Policies
Movista reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular internet address or phone number to the Licensed System.
Comments and Question
If you have any questions, comments or concerns about our Terms of Use, please contact us at:
Movista, Inc. 406 SE 5th Street
Bentonville, AR 72712
support@movista.com
This policy was last updated on September 9, 2022.