Terms of Service
Last Updated: June 24, 2020
1. Ability to Use the Site and Services The Site and the Services are available to users who have reached the legal age of majority in their jurisdiction, and are not under the age of 13. By using the Site or the Services, you represent and warrant that you meet all of the eligibility requirements contained herein. If you do not meet all of these requirements, you must not access or use the Site or Services. In order to use the Site or the Services, you must have reached the legal age of majority in your jurisdiction of residence or otherwise be legally eligible to be bound by this Agreement (e.g., by being an emancipated minor), and you must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. It is your responsibility to ensure that you are legally eligible to enter into this Agreement under any laws applicable to you in your jurisdiction of residence or otherwise. If you accept this Agreement, you represent that you have the capacity to be bound by it. If you are under the age of 13 or are not of the age of majority or otherwise legally eligible to be bound by this Agreement, you may not use the Site or the Services.
2. Your Profile Information and Account You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Services. That e-mail address and password, together with any or other user information you provide, form your "Profile Information" and allow you to access your account ("Account"). You agree to provide true, accurate, current and complete information about yourself and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information. Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under your Account or under your Profile Information. If you become aware of any unauthorized use of your Account or Profile Information, you are responsible for notifying us immediately. By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change your e-mail address, as appropriate.
3. Submission of Content The Site and the Services available thereon enable you to provide or upload content, including but not limited to text, images, video, data, and other information or content (collectively, "Content"), to us for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and any consequences of submitting, providing or uploading it. We will use Content you upload in connection with providing the Services to you, to maintain and operate the Site, to cooperate with any governmental investigation or as required by law or legal or administrative process, and to protect the rights and property of Netmechanics Inc, its users and other third parties. You represent and warrant that you own your Content, or have all the necessary licenses, rights, consents and permissions to grant the license set forth herein, and that its provision to us or our use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
WE HAVE NO RESPONSIBILITY FOR AND NO OBLIGATION TO MONITOR FOR APPROPRIATENESS, AND DOES NOT RECOMMEND OR ENDORSE, ANY CONTENT POSTED OR UPLOADED BY USERS ON THE SITE. We retain the right to use or distribute any Aggregated Data generated by our customers or users. "Aggregated Data" means records which have been stripped of information potentially identifying Site users, and which have been manipulated or combined to provide generalized, anonymous information. Aggregated Data will not disclose you as the source or subject of the information.
4. Intellectual Property Rights All right, title, interest and ownership and intellectual property rights in and to the trademarks and the Site, including but not limited to its "look and feel" (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software (including html-based computer programs) and other media, material or information, other than user Content, are and will remain the property of Netmechanics Inc or its software or content suppliers. The Site is protected under Canada, United States and international copyright, trademark and other laws and treaties. Subject to the terms and conditions of this Agreement, we grant to you, during the term of this Agreement, a personal, non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access the Site and use the Services that are subject to a valid Subscription. You acknowledge that any ideas, suggestions, concepts, processes or techniques (other than your Content) which you provide to us related to the Services, the Site or its business ("Feedback") shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in its sole discretion, use or incorporate the Feedback (in whatever form or derivative we may decide) into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.
We own any test results, data information and other output (other than your Content) generated by your use of the Site and/or the Services during the term of this Agreement. You may not disclose to any third party any test results or performance information regarding the Site or the Services, whether generated by you, us or a third party, except where expressly permitted.
5. Digital Millennium Copyright Act If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us or our service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notifications of claimed infringement should be sent to the attention of Copyright Agent, Netmechanics Inc, at firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent: Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
6. Confidential Information You agree to safeguard, keep secret and not to disclose to any third party, any Confidential Information acquired, learned or provided from us during the term of this Agreement or following the expiration or termination of this Agreement. "Confidential Information" means any non-public information marked confidential or that ought reasonably to be considered confidential under the circumstances and includes, without limitation, any business plans, customer lists, operation procedures, trade secrets, design formulas and programming code, know-how and processes, computer programs, technical documentation and data, and inventions, discoveries, and improvements of any kinds.
8. CAN-SPAM We are not an e-mail platform. While we collect email addresses of persons who have indicated an interest in receiving information about our users' launches, we do not transmit e-mails for or behalf of such users. Accordingly, by using the Services (including by exporting email addresses from the Site), you represent, warrant and covenant that all use and transfer of such e-mail address will be in strict accordance with the CAN-SPAM Act of 2003 and its implementing regulations and interpretive guidelines (collectively, "CAN-SPAM") and with all other applicable laws and regulations relating to unsolicited messaging or spamming, unfair or deceptive advertising or trade practices, online promotions and consumer fraud. Without limiting the foregoing, you represent, warrant and covenant that (i) any commercial e-mail sent to an e-mail address you obtain from Site will include a valid physical postal address of the sender, a clear and conspicuous labeling that the e-mail is an advertisement or solicitation, and an "unsubscribe" or opt-out link by which the recipient can immediately opt out of receiving further commercial e-mails without additional requirements or consideration; (ii) you will honor within ten (10) business days any opt-out or unsubscribe request, after which time you will not transmit, or cause to be transmitted, any further commercial e-mails to the applicable e-mail address; (iii) you will not sell, license or transfer any e-mail address of an individual who has opted out or unsubscribed, except as expressly permitted by CAN-SPAM; (iv) you will not use false, misleading or deceptive "Subject," "From" or other headers in emails; (v) any launch page created, promoted or published by you through the Site shall be for a bona fide business that you are launching, and shall not be for the purpose of collecting email addresses for the creation of a permanent marketing list or a list unrelated to the stated purpose of the launch page; and (vi) you may not use e-mail addresses collected through the Site for any purpose except to communicate with interested persons about your launch. If at any time we believe that you have violated any of these requirements, we may suspend or terminate your Account access and/or your ability to obtain email addresses through the Site. We also may delete all email addresses collected on your behalf.
9. Disclaimer of Warranties YOUR USE OF THE SITE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SITE, INCLUDING ANY CONTENT YOU UPLOAD OR SUBMIT AND ANY THIRD PARTY SOFTWARE AND CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTY THAT THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SOFTWARE AND CONTENT, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SITE MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, THE FAILURE OF THIRD-PARTY SERVICE PROVIDERS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SITE OR OTHER ACTIONS THAT WE, IN OUR SOLE DISCRETION, MAY ELECT TO TAKE, AS WELL AS THE MALICIOUS ACTIONS OF HACKERS AND OTHER THIRD PARTIES. WE MAKE NO GUARANTEE
REGARDING: (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITE, (B) THE RESPONSE TO OR DEGREE OF INTEREST IN YOUR BUSINESS PLAN; OR (C) THE COMPATIBILITY OF YOUR SOFTWARE, HARDWARE OR CONTENT WITH THE SITE. WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR FOR THE FAILINGS OF, ANY THIRD-PARTY PROVIDER OF ANY CONTENT, SERVICE, NETWORK, SOFTWARE OR HARDWARE, INCLUDING BUT NOT LIMITED TO, INTERNET SERVICE PROVIDERS, HOSTING SERVICES UTILIZED BY NETMECHANICS INC, TELECOMMUNICATIONS PROVIDERS, CONTENT PROVIDED BY OTHER USERS, OR ANY SOFTWARE OR HARDWARE NOT PROVIDED BY US.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR CONTENT IS COMPATIBLE WITH THE SITE. WE DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY THIRD PARTIES OR OTHER USERS OF THE SITE AND IS NOT RESPONSIBLE FOR PROTECTING YOUR CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THE SITE IS OFFERED AND CONTROLLED BY NETMECHANICS FROM ITS FACILITIES IN CANADA AND THE UNITED STATES. NETMECHANICS MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
10. Third Party Sites and Content The Site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under our control, and you acknowledge that we are not responsible or liable for any third party content, products or services, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content, products or services or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such website or resource. Access and use of third party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.
11. Limitation of Liability YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL NETMECHANICS INC, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OWNERS, INVESTORS, CONTRACTORS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, SHAREHOLDERS, LICENSORS, SUPPLIERS, CUSTOMERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR YOUR INABILITY TO USE THE SITE, OR FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY SUBSCRIPTION EXCEEDING THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY AS PROVIDED IN THIS PARAGRAPH, OUR LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY CONTENT OR SERVICES PROVIDED BY ANY THIRD PARTIES OTHER THAN US AND RECEIVED BY YOU THROUGH THE SITE. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS, THE PRESENCE OF SUCH ADVERTISERS ON THE SITE, OR ANY CONTENT OR SERVICES RECEIVED BY YOU ON ANY THIRD PARTY SITES. We reserve the right to modify, suspend or discontinue the Site and/or Services, or any portion thereof, with or without notice at any time and for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, we may at any time, with or without notice, suspend or terminate your Account and your ability to access the Services and your Content and data, if we, in our sole and absolute discretion, believes that you have violated the terms of this Agreement or applicable law or that you are engaging in activity that may harm the Site, us, our reputation, our customers or users, or other third parties; in such event, we may immediately delete your Content and data. We shall have no liability whatsoever for any damages, liabilities, losses or any other consequences that you may incur as a result of any such modification, suspension, termination, discontinuance or deletion.
12. Indemnity You agree to indemnify, defend, and hold harmless Netmechanics Inc, its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys' fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Site, the Services and any Content (including without limitation your Content and any third party Content) forming part of the Site; (b) your breach or alleged breach of this Agreement; (c) your violation of any rights, including intellectual property rights, of a third party; (c) your violation or alleged violation of any laws; or (d) your use or exploitation of any information obtained from the Site (including, without limitation, any use or transfer of e-mail addresses in violation of CAN-SPAM or other anti-spam laws and regulations). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Netmechanics Inc. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. Cancellation and Termination We reserve the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. Notice of termination will be provided to the e-mail address you currently have on file with us. We also reserve the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. We reserve the right to terminate any portion of the Site at any time, for any reason, with or without notice.
14. Miscellaneous If there is any dispute between you and us about or involving this Agreement, the Site or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario, without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts located in Ontario with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided, however, that we may seek and obtain injunctive relief in any jurisdiction. If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages or the necessity of posting bond. You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Agreement (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Any waiver of our rights or remedies, or of any breach of this Agreement, must be in writing and signed by us. The sections of "Submission of Content", "Intellectual Property Rights", "Digital Millennium Copyright Act", "Confidential Information", "Disclaimer of Warranties", "Third Party Sites and Content", "Limitation of Liability", "Indemnity" and "Miscellaneous" will survive any actual or purported termination or expiry of this Agreement and continue in full force and effect.
15. Refunds If we made a mistake somewhere, we'll work with you to quickly resolve the matter. The Site does not offer refunds outside of an internal error. Under no circumstances shall the Site or its affiliates be held responsible for overdraft charges incurred from your financial institution as a result of any purchases or renewals through or in connection with our websites. It is the sole responsibility of you as a customer to ensure "overdraft fees," "overage fees," or "overlimit" or any other fees from your financial institution do not occur by taking the necessary action to avoid them. Furthermore, Netmechanics Inc is not liable for any fees incurred due to billing errors. Subscriptions are billed on an annual basis. Your credit card will be debited the full purchase amount on the date of your purchase. For an annual plan, the subsequent renewals will be billed every twelve months from initial purchase, until your annual Subscription is cancelled. We will not refund "unused" portions of a Subscription. A user may receive a refund of his/her initial signup payment if and only if they cancel the applicable paid service within 14 calendar days of account creation. No other refunds or credits for any paid Site service are provided by the Site, unless otherwise required by law. You may contact us by email at email@example.com
Data Rights and Protection Netmechanics Inc has the utmost respect for our customers’ privacy and information protection. Given the ever changing regulatory environment, we strive to stay ahead of the curve. In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:
Obtaining Consent: Netmechanics Inc wrote our terms of service to make it as understandable and straightforward as possible. Our valued customers are able to give and rescind consent at any time. If at any time you wish to remove consent, please email our Data Protection Officer at firstname.lastname@example.org. Additional details are provided below in our “Data Protection Officer” description. Timely Breach Notification: In the event of a data breach, Netmechanics Inc will notify our associated data controllers and customers within 72 hours. In addition to outlining the nature of the breach, the breadth, and actions involved to remedy the situation will be detailed. Right to Data Access: If at any time a customer wishes to access his or her existing data profile, Netmechanics Inc will provide a free electronic copy of the data we collected about that customer. This report will also include the various ways the information has been used. Right to Be Forgotten: If at any time customer discontinues their relationship with Netmechanics Inc, the customer can request that his or her personal data is wholly erased from our records. Data Portability: This gives users rights to their own data. Customers will be able to obtain their data from Netmechanics Inc in an electronic report and reuse that same data in different environments outside of ours. Data Protection Officer: Netmechanics Inc has appointed a Data Protection Officer who can be reached at email@example.com. This internal officer will be able to rescind customer consent as requested, alert stakeholders of a data breach, provide access to data reports, ensure the right to be forgotten, establish data portability as requested, and oversee privacy by design with a fiduciary responsibility.