Last Updated: November 24, 2025
These InfoTrust Terms and Conditions for Tag Inspector Self-Service (“Agreement”) apply to your use of the Tag Inspector software (“Software”) and any related services (collectively, “Services”). If you are utilizing the Services, this Agreement is binding on you unless you have a separate written agreement with InfoTrust. For purposes of this Agreement, “you” shall mean the company that the individuals utilizing the Services work for, and all such individuals are authorized to make this Agreement on behalf of such company and bind it to this Agreement. The entirety of this Agreement is required and is non-negotiable. If you do not agree to this Agreement, you may not use the Services. By using the Services, you affirm that you have read and agree to the terms of this Agreement, and have periodically reviewed this Agreement for any changes. InfoTrust may make changes to this Agreement at any time without notice to you. Your continued use of the Services after such changes constitutes your agreement to such changes.
1. Services. Subject to your continued compliance with this Agreement, InfoTrust allows you and your Authorized Users to use the Services, in accordance with the terms of this Agreement. Tag Inspector provides users with the ability to access and use the Software on a software-as-a-service basis. Your access to the Software will be subject to the usage and user limitations specified by InfoTrust from time to time. InfoTrust may outsource certain aspects of the Services to third-party providers.
2. Software Availability. You acknowledge that the Software operates using computer equipment, computer software programs, and the internet; therefore, InfoTrust shall not be responsible for delays or service interruptions, including, without limitation, limitations on the availability of telephone transmission lines and facilities, failures of other communications equipment, internet access delays or failures, failures or deficiencies of your equipment, or your failure to meet your responsibilities under this Agreement. InfoTrust may perform maintenance and system updates at any time without notice to you, which may result in Software downtime, unavailability, performance degradation, or feature changes. InfoTrust shall not be liable for any such events.
3. License Grant. InfoTrust grants you a personal, nonexclusive, and nontransferable license to use the Software, on an on-line basis, only in connection with your business. This license shall terminate upon your ceasing use of the Services, or at InfoTrust’s option.
4. Proprietary Rights. The Software and all associated report formats, screen displays, and menu features, and all derivative works, constitute copyrighted works protected by federal and international copyright laws and are owned by InfoTrust or its licensors. The Software and all copies, versions, and derivative works of the Software shall remain the sole property of InfoTrust and/or its licensors. You shall not make and shall not permit anyone else to make any copies of the Software, except as necessary in connection with its authorized use of the Services. All such copies must include all proprietary rights notices contained in the Software. You shall use, and may duplicate, the reports generated through the Services for your internal purposes only and shall not publish or disclose the reports to any third party. You shall not allow any third party to access or use the Software. You shall not modify or create any derivatives of the Software. You shall not decompile or otherwise reverse engineer or decode the Software. You shall not take or refrain from taking, directly or indirectly, any action that may in any way lead to the unauthorized dissemination, reproduction, access, or use of the Services. You shall only utilize the Services for lawful purposes. You shall not export the Services or any direct product thereof, directly or indirectly, in violation of the export laws and regulations of the United States of America. The foregoing export restriction shall survive termination of this Agreement.
5. Survival; Injunctive Relief. Your obligations under this Agreement shall survive termination. You acknowledge that a breach of your obligations under this Agreement will cause irreparable harm to InfoTrust and/or its licensors for which monetary damages would be inadequate. InfoTrust and/or its licensors will be entitled to injunctive relief for any such breaches, threatened or actual.
6. Authorized Users. You shall be responsible for identifying those users who are authorized by you to access the Services (“Authorized Users”). Each Authorized User shall safeguard their username and password for accessing the Software and otherwise comply with this Agreement. An Authorized User may not disclose their username or password to any other person, including another Authorized User. Each Authorized User shall be an individual human, and may not be a shared or pooled user login. If you determine that another person has gained access to an Authorized User’s username and password, or that anyone has wrongfully accessed the Services, you shall immediately notify InfoTrust. You are responsible for misuse of the Services by Authorized Users and by unauthorized users who gain access due to your or any Authorized User’s failure to maintain security.
7. Operations. You are responsible for the operational aspects of accessing and using the Services, including, but not limited to, (a) acquiring, installing, and maintaining computer equipment and computer software programs at your premises compatible with and as necessary to use the Services, (b) obtaining access to the internet, (c) downloading and installing any necessary plug-ins, (d) determining the accuracy and lawfulness of all data you upload to and download from the Software, and (e) adopting reasonable policies, procedures, and quality assurance measures to limit your exposure with respect to potential losses and damages arising from use, nonuse, errors and omissions of the Services or the results thereof, and system downtime, including, but not limited to, examining and confirming data prior to use, identifying and correcting errors and omissions, preparing and storing backup data, replacing lost or damaged data or media, reconstructing data, and providing network security.
8. Implementation. You shall provide InfoTrust with such time and attention of your personnel and such access to files, information, or other materials, and shall take such site preparation steps as may be necessary or appropriate to enable InfoTrust to implement (if necessary) and provide the Services to you.
9. Customer Contacts. You shall designate at least one contact who is authorized to communicate with InfoTrust in connection with the use of the Services and who is reasonably qualified to use the Services. In addition, you shall ensure that such contact promptly receives training and/or follows written directions as provided by InfoTrust on the use of the Services.
10. Data.
a. Ownership. You retain ownership of all right, title, and interest in and to all data, materials, and information made available by you to InfoTrust for use in connection with the Services (“Customer Data”). You grant to InfoTrust a limited, worldwide, non-exclusive, royalty-free right to use the Customer Data to provide the Services to Customer. InfoTrust may collect, compile, copy, modify, use, and disclose Aggregate Data for industry analysis, benchmarking, analytics, marketing, and other business purposes including, without limitation, improving its products and services. “Aggregate Data” means information, analysis, statistics, and other data generated by the use of the Services or derived from your use of the Services which is anonymized by removing any information that can be used to identify the source of the data and aggregated with other anonymized data to create a new set of data. All Aggregate Data shall be owned by InfoTrust.
b. Data Warranty. For any Customer Data disclosed to InfoTrust, you represent and warrant that you fully own or have the authority to use the Customer Data in connection with the Services, and that in obtaining or collecting the Customer Data, you did not violate any applicable law or regulation, or the rights of any third-party. You further represent and warrant that you maintain a publicly accessible privacy policy that accurately describes your data collection, use, and sharing practices, including the use of Tag Inspector and any data processed through the Services, and that such privacy policy complies with all applicable laws and regulations.
11. Software-Specific Terms.
a. Tag Inspector will comply with the Robots Exclusion Protocol. Pages and sections of the target site that are listed in the robots.txt file will not be scanned.
b. Upon termination of the Tag Inspector license, Customer is responsible for immediately removing Tag Inspector real-time scripts from all applicable Customer websites. Failure to do so may result in functionality issues with the websites, including without limitation, failure to load pages, and InfoTrust shall not be liable for any such functionality issues for which Customer failed to timely remove Tag Inspector scripts.
c. Promptly upon the commencement of and during the duration of the term of the Tag Inspector license, Customer shall whitelist the Tag Inspector IP Addresses and User Agents in order to enable proper functionality of the Software on Customer’s websites. Failure to do so may result in reduced or eliminated Tag Inspector functionality.
12. DISCLAIMERS. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. INFOTRUST MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER. INFOTRUST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY OF DATA, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR PERFORMANCE OR FROM USAGE OF TRADE. THE PARTIES AGREE THAT FOR THE CONSIDERATION UNDER THIS AGREEMENT, THIS PROVISION, AS ORIGINALLY PROVIDED UNDER THIS AGREEMENT WITHOUT MODIFICATION, IS A REASONABLE ALLOCATION OF RISK AND HAS BEEN FULLY REVIEWED AND UNDERSTOOD BY EACH PARTY’S LEGAL COUNSEL.
13. EXCLUSION OF LIABILITY. IN NO EVENT SHALL INFOTRUST OR ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, OR LOSS, CORRUPTION, OR BREACH OR UNAUTHORIZED ACCESS TO DATA, OR LOST SAVINGS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Indemnification. You shall indemnify and hold InfoTrust harmless from any and all losses, liability, and damages, including reasonable attorney’s fees, sustained by InfoTrust or its customers for your acts or omissions or those of your employees, agents, or subcontractors, including without limitation, those relating to infringement of intellectual property rights, breaches of this Agreement, gross negligence, willful misconduct, or loss, damage, or injury suffered by persons for bodily harm or death or by real property or tangible personal property. You further agree to indemnify and hold InfoTrust harmless from any claims, losses, or liabilities arising out of or related to the collection, use, storage, or transmission of data, including but not limited to personal data, from your site and any failure by you to comply with applicable data protection laws, regulations, or third-party rights.
15. Confidential Information. “Confidential Information” means all competitively sensitive, secret, or otherwise confidential business, financial, marketing, or technical information, and other confidential information belonging to or in the possession of InfoTrust and disclosed to you, whether communicated orally or in writing or obtained by you through observation or examination of the Services or InfoTrust’s facilities, procedures, or activities. Notwithstanding the foregoing, Confidential Information does not include information (a) rightfully known by you at the time of its initial disclosure by InfoTrust, (b) rightfully disclosed to you without obligation of confidentiality by a third party, (c) in the public domain or that enters the public domain other than by the unauthorized acts of any person, or (d) independently developed by you.
16. Protection. You shall preserve in strictest confidence all of the Confidential Information and shall at all times protect the Confidential Information through the highest commercially reasonable standard of care. You shall take appropriate steps to ensure that persons authorized to have access to the Confidential Information refrain from any unauthorized reproduction or disclosure of the Confidential Information. You shall not copy, transfer, or otherwise disclose to any person the Confidential Information, or any associated materials derived or developed from the Confidential Information, without the express written approval of InfoTrust, except that you may make one copy of the Confidential Information and create reasonably needed abstracts of the Confidential Information, but only for your internal use in connection with the purposes of this Agreement. You shall include the Confidential Information’s proprietary and confidentiality notices, or, if there is no such notice, shall mark “CONFIDENTIAL”, on all copies and abstracts of the Confidential Information, in whole or in part and in any form, made by you. The Confidential Information, all copies and abstracts made by you, and all associated materials derived or developed from the Confidential Information are and shall remain the sole property of InfoTrust. You may disclose the Confidential Information when you are required by law to do so, provided you takes all reasonable steps to limit the disclosure of the Confidential Information to the maximum level allowed, and further provided InfoTrust is given prompt written notice of the required disclosure and a reasonable opportunity to contest the disclosure and obtain a protective order. Notwithstanding anything to the contrary in this Agreement, neither party will be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of a law; or (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
17. Survival of Confidentiality. Your obligations relating to confidentiality shall survive termination of this Agreement, except with respect to non-trade secret confidential information to the extent applicable law mandates survivability for a limited duration, in which case the obligations shall survive for three years following termination of this Agreement.
18. Compliance with Law. You shall comply with all applicable laws, rules, and regulations, including, but not limited to, all laws, rules, and regulations regarding using, storing, securing, and transmitting data, including personal data. The obligations under this Section shall survive termination of this Agreement.
19. Assignment. You may not assign or otherwise transfer this Agreement or any rights or obligations under this Agreement to any third party without the prior written consent of InfoTrust. InfoTrust may assign this Agreement to any third party at any time. Subject to the restriction on transfer set forth in this Section, this Agreement shall be binding upon and shall inure to the benefit of the parties’ successors and assigns.
20. Excused Performance. InfoTrust shall not be liable for any delay in or failure of performance resulting from any cause or condition beyond its reasonable control, whether foreseeable or not.
21. Waiver. The failure of InfoTrust to act upon any right, remedy, or breach of this Agreement shall not constitute a waiver of that or any other right, remedy, or breach. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
22. Notices. Any notice required or permitted under this Agreement shall be sent by email. If to InfoTrust, it shall be sent to legal@infotrustllc.com. If to you, it shall be sent by email to the email address used by one or more of your users. Notices shall be effective as of the date of sending.
23. Dispute Resolution. Any claim or controversy arising out of or relating to this Agreement, including any anticipatory breach or disagreement as to interpretation of this Agreement, that is not resolved by the parties themselves or through mediation, shall be settled by binding arbitration in the Cincinnati, Ohio metropolitan area, administered in accordance with the American Arbitration Association’s Commercial Arbitration Rules, including Optional Rules for Emergency Measures of Protection. The arbitrator(s) shall decide all discovery issues. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Neither party nor the arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, except to the extent necessary in connection with a court action to enforce an arbitration award. All fees and expenses of the arbitration shall be borne by the parties equally. However, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of proofs, except that the prevailing party shall be entitled to an award of reasonable attorney’s fees.
24. Governing Law. This Agreement and any claim arising out of this Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, United States of America, excluding its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
25. Provisions Severable. The provisions of this Agreement are severable. If any provisions are held to be invalid, unenforceable, or void, all other provisions shall remain valid.
26. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties relating to the object and scope of this Agreement. Any representation, statement, or warranty not expressly contained in this Agreement shall not be enforceable by the parties. This Agreement may not be amended, except by updated versions which InfoTrust may post from time to time.
