Terms of Use
1. INTRODUCTION
InScrivere Technologies, Inc. ("InScrivere," "we," "us," or "our") provides a software-as-a-service platform (the "Platform"), accessible via our website (the "Site"), mobile applications (the "Apps"), and related services (collectively, the "Services"). These Terms of Use ("Terms") govern your access to and use of our Services.
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
2. DEFINITIONS
In these Terms:
- "Account" means a registered account that enables access to our Services.
- "Subscriber" means the entity (such as a business, organization, or person) that has contracted with InScrivere to use the Services.
- "Administrator" means the insectionidual(s) designated by the Subscriber to manage the Subscriber's account and authorize User access.
- "User" means any insectionidual who uses the Services under a Subscriber's account, including Administrators.
- "Content" means all information, data, text, software, music, audio, photographs, graphics, videos, messages, or other materials uploaded, posted, or otherwise provided through the Services.
- "Subscriber Data" means all Content submitted, posted, or displayed by Subscribers or Users through the Services.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To access and use certain features of our Services, you must register for an Account. When you register, you agree to provide accurate, current, and complete information about yourself and/or your organization.
3.2 Account Security
You are responsible for safeguarding your Account credentials and for all activities that occur under your Account. You agree:
- To create a strong password and keep it confidential
- Not to share your Account or password with anyone else
- To notify us immediately of any unauthorized access to your Account or any other security breach
- That InScrivere is not liable for any loss or damage arising from your failure to comply with this section
3.3 Administrative Users
If you are an Administrator:
- You represent that you have authority to bind the Subscriber to these Terms
- You are responsible for managing User access and ensuring Users comply with these Terms
- You must promptly disable access for Users who should no longer have access to the Services
4. Subscription and Fees
4.1 Subscription Plans
We offer various subscription plans with different features and pricing. Current pricing and plan details are available on our Site. We reserve the right to modify our subscription plans and pricing with notice as described in these Terms.
4.2 Free Trials
We may offer free trial subscriptions. Trial subscriptions automatically convert to paid subscriptions unless cancelled before the trial period ends. You may be required to provide payment information to sign up for a trial.
4.3 Fees and Payment
- Subscription fees are payable in advance according to the billing cycle selected
- All fees are in United States dollars and are non-refundable except as required by law
- You authorize us to charge the payment method you provide for all fees incurred
- If payment is not received, we may suspend or terminate your access to the Services
- Fees are exclusive of all taxes, which are your responsibility
4.4 Subscription Changes and Cancellation
- You may upgrade or downgrade your subscription plan according to our policies
- You may cancel your subscription at any time through your account settings
- No refunds will be issued for partial subscription periods or unused Services
5. Subscriber Data and Privacy
5.1 Ownership of Subscriber Data
Subscribers retain all right, title, and interest in and to their Subscriber Data. By using our Services, you grant InScrivere a limited license to host, store, and display your Subscriber Data solely for the purpose of providing the Services to you.
5.2 Privacy
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in our Privacy Policy.
5.3 Data Security
We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for backing up your Subscriber Data.
5.4 Data Retention and Deletion
We will retain your Subscriber Data for as long as your Account is active or as needed to provide you Services. Following termination or deactivation of your Account, we may retain your Subscriber Data for a commercially reasonable period for backup, archival, or audit purposes.
6. Acceptable Use
6.1 General Restrictions
You may not use the Services to:
- Violate any applicable law, regulation, or third-party rights
- Upload, transmit, or distribute harmful or malicious code
- Interfere with or disrupt the integrity or performance of the Services
- Attempt to gain unauthorized access to the Services or related systems
- Engage in fraudulent activity or misrepresent yourself or your affiliation
- Collect or harvest data from the Services without permission
- Create user accounts by automated means or under false pretenses
- Use the Services in a manner that exceeds reasonable usage limits
- Use the Services to develop a competing product or service
6.2 Content Restrictions
You may not upload, post, or transmit any Content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Infringes or violates intellectual property rights or other proprietary rights
- Contains software viruses or any other computer code designed to damage our Services
- Contains sensitive personal information such as social insurance numbers, health information, financial account information, or government identification numbers
6.3 Enforcement
We reserve the right, but do not undertake the obligation, to:
- Investigate potential violations of these Terms
- Remove or disable access to any Content that violates these Terms
- Terminate or suspend your access to the Services for violations
- Take appropriate legal action for any illegal or unauthorized use of the Services
7. Intellectual Property Rights
7.1 Our Intellectual Property
InScrivere and its licensors own all rights, title, and interest in and to the Services, including all intellectual property rights. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.
7.2 Feedback
If you provide feedback or suggestions about our Services, we may use this feedback without restriction or obligation to you.
7.3 Third-Party Services and Content
Our Services may display content from third parties or include links to third-party websites or services. We do not control or endorse such third-party content, websites, or services, and we are not responsible for their availability, accuracy, or content.
8. Confidentiality
8.1 Confidential Information
"Confidential Information" means any non-public information disclosed by one party to the other in connection with these Terms, including but not limited to business plans, technological information, product designs, and customer data. Subscriber Data is your Confidential Information.
8.2 Protection of Confidential Information
Each party agrees to:
- Use the same degree of care to protect the other party's Confidential Information as it uses to protect its own Confidential Information of similar nature
- Not use or disclose the other party's Confidential Information except as necessary to perform its obligations or exercise its rights under these Terms
- Ensure that its employees and agents who access Confidential Information comply with these confidentiality obligations
8.3 Exclusions
Confidential Information does not include information that:
- Is or becomes publicly available through no fault of the receiving party
- Was known to the receiving party prior to receipt from the disclosing party
- Is rightfully received from a third party without a duty of confidentiality
- Is independently developed by the receiving party without use of the disclosing party's Confidential Information
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD-PARTY CONTENT, AND DISCLAIM ALL LIABILITY ARISING FROM OR RELATED TO THIRD-PARTY CONTENT.
INSCRIVERE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSCRIVERE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
- ANY CONTENT OBTAINED FROM THE SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL INSCRIVERE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO INSCRIVERE FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED CANADIAN DOLLARS ($100 CAD), WHICHEVER IS GREATER.
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT INSCRIVERE HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.
11. Indemnification
You agree to defend, indemnify, and hold harmless InScrivere, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Services
- Your Subscriber Data
- Your violation of any rights of another person or entity
12. Term and Termination
12.1 Term
These Terms will remain in effect until terminated by either you or InScrivere.
12.2 Termination by You
You may terminate these Terms by cancelling your Account and ceasing all use of the Services.
12.3 Termination by InScrivere
InScrivere may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including if:
- You breach any provision of these Terms
- You fail to pay any fees when due
- We are required to do so by law
- We believe termination is necessary to protect our Services, our users, or third parties
- Your usage poses a security risk or could adversely impact our systems or other users
12.4 Effect of Termination
Upon termination:
- Your right to use the Services will immediately cease
- You will lose access to all Subscriber Data stored in your Account
- Sections of these Terms that by their nature should survive termination shall survive termination
13. Changes to the Services or Terms
13.1 Changes to Services
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
13.2 Changes to Terms
We may revise these Terms from time to time. If we make material changes, we will notify you by email or through the Services prior to the changes becoming effective. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
14. General Provisions
14.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to principles of conflicts of law.
14.2 Dispute Resolution
Any disputes arising under or in connection with these Terms shall be resolved exclusively in the courts located in Alberta, Canada. You consent to the personal jurisdiction of such courts and waive any claim of inconvenient forum.
14.3 Force Majeure
InScrivere shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, labour disputes, or internet service provider failures.
14.4 Relationship of the Parties
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and InScrivere.
14.5 Assignment
You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our prior written consent. InScrivere may assign these Terms, in whole or in part, without restriction.
14.6 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
14.7 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and InScrivere concerning the Services. These Terms supersede all prior or contemporaneous communications between you and InScrivere regarding the Services.
14.8 No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of InScrivere.
14.9 Contact Information
For questions about these Terms, please contact us at:
InScrivere Technologies, Inc.
Calgary, Alberta
Canada
Email: info@inscrivere.com
Website: www.inscrivere.com
15. ADDITIONAL TERMS FOR MOBILE APPLICATIONS
15.1 Mobile Application License
Subject to your compliance with these Terms, InScrivere grants you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of the Apps on a mobile device that you own or control and to run such copy of the Apps solely for your own personal or internal business purposes.
15.2 Mobile Application Updates
You acknowledge that we may from time to time issue updated versions of the Apps, and may automatically update the version of the Apps that you are using on your mobile device. You consent to such automatic updating and agree that these Terms will apply to all such updates.
15.3 Third-Party Terms
When using the Apps, you are subject to any terms of service or privacy policies of any third-party service provider that governs your use of the Apps, including but not limited to mobile device manufacturers, mobile service providers, or app store providers.