These Terms and Conditions were last updated on: August 20, 2020.
These website terms and conditions of use for appsedia.com (the “Website”), constitute a legal agreement and are entered into by and between you and 0965688 B.C. Ltd. dba ProCogia Services (referred to herein as “Appsedia”, “we”, “us”, “our”). The following terms and conditions (these “Terms and Conditions”), govern your access to and use of our Website, including any content, functionality and services offered on or through our Website (the “Service”).
By using the Website, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Appsedia and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
You acknowledge and agree that these Terms and Conditions apply to you when you visit the Website, irrespective of creating an account and subscribing to use our Services. Should you create an account to use our Services, you acknowledge and agree that you are also subject to the Software as a Services Terms (Schedule A to these Terms and Conditions) at the following link [insert link for additional SAAS terms].
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
You recognize that the transmission of information via the Internet is not completely secure. We do not guarantee the security of your personal information transmitted to our Website. Any personal information provided is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout of your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.
You are prohibited from attempting to circumvent and from violating the security of this Website, including without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) disrupting network services and otherwise disrupting the Website owner’s ability to monitor the Website; (e) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (f) introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking the Website via a denial of service attack, distributed denial of service attack, flooding, mail bombing, or crashing; and (h) otherwise attempting to interfere with the proper working of the Website or the Services in any way.
The term “Appsedia IP” means all intellectual property rights in and to the Services (including any object code or source code related thereto), any and all documentation related thereto, and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, data base protection, or other intellectual property provided to you or any Authorized User in connection with the foregoing. For the avoidance of doubt, Appsedia IP includes any information, data, or other content derived from Appsedia monitoring your access to or use of the Services.
Without limiting Section 5.1, you understand and agree that the Website and its entire contents, features, and functionality, including but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Appsedia, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secrets, and any other proprietary rights.
If you send or transmit any communications or materials to Appsedia by mail, email, telephone or otherwise, suggesting or recommending changes to the Website, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Appsedia is free to use such Feedback. You hereby assign to Appsedia on your behalf, and on behalf of your employees, contractors, and/or agents, as applicable, all right, title, and interest in, and Appsedia is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, provided that Appsedia is not required to use any Feedback.
Without limiting Section 5.1, our name, and all related names, logos, product and service names, designs, images, and slogans are trademarks owned by us, our affiliates, or our licensors, as applicable. For greater certainty, our trademarks include, without limitation:
You must not use the Appsedia Trademarks, without our authorization in writing, in any way whatsoever. Your unauthorized use or display of the Appsedia Trademarks shall constitute an infringement or violation of our intellectual property rights.
Other names, trademarks, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Website for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever.
If you print, copy or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property and other proprietary laws.
As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms and Conditions.
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays or transmits (collectively, “submit”) to the Website, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions shall not:
include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in our sole discretion;
involve attempting to exploit or harm any individual (including minors) in any way or by seeking the personal information of other individuals as prohibited under applicable laws, regulations, or code;
provide or contribute any false, inaccurate or misleading information;
impersonate or attempt to impersonate Appsedia, a Appsedia employee, another user, or any other person or entity (including without limitation, by using email addresses, or screen names associated with any of the foregoing);
transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Appsedia or users of the Website or expose us or them to liability;
cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
promote any illegal activity, or advocate, promote, or assist any unlawful act.
The Website may contain Interactive Functions allowing User Submissions on or through the Website. You acknowledge that the User Submissions you submit to the Website will not be subject to any confidentiality obligations by Appsedia.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and that all User Submissions comply with applicable laws and regulations.
You understand and agree that you, not Appsedia nor Appsedia’ parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other use of the Website.
Appsedia has the right, without provision of notice to:
remove or refuse to provide the Services to any user;
at all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions or these Terms and Conditions;
take appropriate legal action, including without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, Appsedia has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user posting any materials on or through the Website; and
terminate or suspend your access to all or parts of the Website for any reason or no reason, including without limitation, any violation of these Terms and Conditions.
YOU WAIVE AND HOLD HARMLESS APPSEDIA AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY APPSEDIA AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER APPSEDIA OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal or objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
For your convenience, this Website may provide links or pointers to third-party sites. We make no representations or warranties about any other websites or service providers that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of same. You acknowledge and agree that you are subject to any terms and conditions and privacy policies of such third party sites at all times.
The owner of the Website is based in the Province of British Columbia, in Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
NEITHER APPSEDIA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER APPSEDIA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL OF SERVICE ATTACK, DISTRIBUTED DENIAL OF SERVICE ATTACK, OVERLOADING, FLOODING, MAIL BOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL APPSEDIA NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Appsedia, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.
The Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of British Columbia or any other jurisdiction) and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of British Columbia and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Website is operated by 0965688 B.C. Ltd. dba ProCogia Services (referred to herein as Appsedia).
Should you become aware of misuse of this Website, you must report it to Appsedia at: email@example.com.
[End of Terms and Conditions]
You acknowledge and agree that the Terms and Conditions apply to you when you visit our Website, irrespective of whether you create an account to use the Services. If you create an account to use the Services, you will be subject to the Terms and Conditions above and the additional terms and conditions governing your use of the Services (the “SAAS Terms”), and all reference to these Terms and Conditions shall include, by definition, the SAAS Terms. For greater certainty, the SAAS Terms shall not limit the Terms and Conditions.
Provision of Access. Subject to the Terms and Conditions, Appsedia hereby grants you a non-exclusive, non-transferable right to access and use the Services during the Term, solely for use by Authorized Users. “Authorized Users” means those individuals who are authorized by Appsedia to access the Services. Each Authorized User will have its own account and access credentials.
Restrictions. You shall not use the Services for any purposes beyond the scope of all access granted hereunder. You shall not, at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services, in whole or in part, (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to any software component of the Services; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
Reservation of Rights. Appsedia reserves all rights not expressly granted to you under these Terms and Conditions. Except for the limited rights and licenses expressly granted hereunder, nothing herein grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Appsedia IP.
Free Trial. Initially, your account will include a free-trial period whereby you are not charged subscription fees to use the Services. You acknowledge and agree that Appsedia reserves the right to charge subscription fees, to be determined by Appsedia in its sole and absolute discretion, upon providing you with thirty (30) days written notice. Should you wish to cancel your subscription, you may terminate in accordance with Section 3.
Term. The term of this agreement will commence on the first day you create an account through the Website, and shall terminate on the day that either party terminates in accordance with this Section 3. You will be obligated to provide the number of Authorized Users when you create an account with us. Each Authorized User will be g
Termination by You. You may terminate your access to the Services at any time by cancelling your subscription at the following link: [insert link].
Suspension/Termination. Appsedia may suspend or terminate your access to any portion or all of the Services if: (i) Appsedia reasonably determines that (i) there is a threat or attack on any of the Appsedia IP, (ii) your use or an Authorized User’s use of the Services disrupts or poses a security risk to the Appsedia IP or to any other customer or vendor of Appsedia; (iii) you, or any Authorized User, is using the Services for fraudulent or illegal activities; (iv) your use of the Services is prohibited by any applicable law; or (v) any other reason as determined by Appsedia in its sole and absolute discretion. Appsedia will have no liability for any damage, liabilities, losses, or any other consequences that you or any Authorized User may incur as a result of such suspension or termination.
Consequences of Termination. Upon expiration or earlier termination of your subscription, you shall immediately discontinue use of the Appsedia IP and, you shall delete, destroy, or return all copies of Appsedia IP in your possession has been deleted or destroyed.
[End of SAAS Terms]