Terms of Service
Effective Date: October 15, 2024
Welcome!
Before using the services provided by Provider.app ("Provider"), please read the following terms and conditions carefully. By clicking "I Agree" or accessing the services, you ("Customer") agree to the following terms:
1. Definitions
- "Services" refer to the software as a service offerings described in Exhibit A.
- "Subscription Term" refers to the period during which the Customer is entitled to use the Services.
- "Free Trial Period" refers to the initial 30-day period where the Services are offered at no charge.
- "Annual Subscription Fee" refers to the fee payable for a one-year subscription to the Services.
2. Restrictions on Use
You agree not to:
- Reverse engineer, decompile, or disassemble the Software.
- Modify or create derivative works of the Software.
- Use the Software in violation of applicable laws or regulations.
- Share, distribute, or sublicense the Software to any third party.
3. Services Provided
3.1 Provision of Services
Provider will deliver the Services subject to the terms outlined here.
3.2 Free Trial
The first 30 days are offered at no charge. Services can be canceled at any time during the trial period.
3.3 Automatic Subscription
After the trial, your account will automatically convert to a paid annual subscription unless canceled before the end of the trial period.
4. Account Registration
You may be required to register for an account to access the Software. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
5. Fees and Payment
5.1 Annual Subscription Fee
The fee will be due and charged to your credit card in advance for each Subscription Term.
5.2 Pricing Modifications
Provider reserves the right to modify pricing at any time, and you will be notified of such changes. Continued use of the Software after notification will constitute acceptance of the new fees.
5.3 Taxes
All fees exclude applicable taxes.
6. Term and Termination
6.1 Term
This agreement remains effective for one year and automatically renews unless terminated. You will be notified 30 days prior to the renewal date.
6.2 Termination by Either Party
You may cancel anytime by providing written notice at least 30 days before the end of the current term.
6.3 Termination for Cause
Provider may terminate or suspend your access to the Software at any time, without notice, if you breach any term of this Agreement. Upon termination, you must immediately cease all use of the Software and delete any copies in your possession.
7. Intellectual Property
The Software and all intellectual property rights therein are and shall remain the sole property of the Provider. This Agreement does not grant you any rights to the Provider’s trademarks, service marks, logos, or other proprietary information.
8. Data Privacy and Confidentiality
8.1 Data Privacy
We respect your privacy and are committed to protecting your personal data. Provider will comply with all relevant data protection and privacy laws. For detailed information on how we collect, use, store, and protect your personal data, please review our Privacy Policy.
8.2 Confidentiality
Both parties agree to protect each other’s confidential information with the same standard of care they use to protect their own. Confidential information will not be disclosed to any third party unless required by law or with prior consent.
9. Warranties and Disclaimers
9.1 Warranty
Provider ensures that the Services will function substantially as described.
9.2 Disclaimer
Except as outlined, the Services are provided "as is" without any additional warranties.
10. Limitation of Liability
In no event shall the Provider 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 use of or inability to use the Software.
- 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 the Software.
11. Indemnification
You agree to indemnify and hold harmless the Provider from any claims, damages, liabilities, costs, and expenses arising from your use of the Software, your violation of this Agreement, or your infringement of any third-party rights.
12. Miscellaneous
12.1 Governing Law
This Agreement is governed by the laws of the Province of Ontario.
12.2 Amendments
Provider retains the right to amend this agreement from time to time, and you will be notified of such changes. Continued use of the Software after notification will constitute acceptance of the new agreement.
12.3 Severability
If any part of this agreement is unenforceable, the rest remains in effect.
By creating an account and using our service, you acknowledge that you have read, understood, and agree to be bound by these terms.