We are proud of the trust our customers place in us and we trust our end users to use the services in a responsible and professional manner. However, we need to make sure that the internal management rules are known to you and that you understand the consequences of violating these rules. These rules are important because the data we hold about our customers may be confidential or important to them. Therefore, all end users must read and agree to this AUP before using the services. This Acceptable Use Policy (the “AUP”) is a contract between us, Civalgo, Inc. (“Civalgo”) and you (the “End User”; “you”). If you need to contact us with questions regarding this PUA, you can do so using the following contact information:
460-55 Louvain Street West
Montreal (Quebec)
Canada, H2N 1A4
1 833 983 5448.
The AUP takes effect on the first of these two dates: (a) when you click to accept this AUP or (b) when you access or use our platform and related services (the “Services”). If you do not agree to this AUP, you may not use our services.
You warrant and represent that you are at least sixteen (16) years of age and that you will not use (including by facilitating or authorizing the use of) the services:
(a) in a manner that violates our policies made available to you (including this AUP);
(b) in a manner that violates any statute, law, ordinance, regulation, regulation, rule, rule, code, regulation, rule, rule, code, regulation, rule, rule, regulation, rule, rule, regulation, rule, rule, code, regulation, rule, rule, rule, code, regulation, rule, rule, rule, code, order, rule, regulation, rule, rule, rule, regulation, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule, regulation, rule, rule, rule
(c) in a manner that disrupts the use or enjoyment of the Services by other end users, other customers of Civalgo, or third parties, including if such use results in automated, constant, and repeated requests for data other than those intended for the Services to function normally and have a negative effect on our systems or network, including abnormal use that overloads servers or causes parts of our network to crash (by example, denial-of-service attacks and distributed denial of service);
(d) to copy, modify, reproduce, republish, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or part of the services.
(e) create, transmit, distribute, or store material that violates the intellectual property, privacy, advertising, or other personal rights of individuals, export controls, or that may be threatening, abusive, hateful or that constitutes or encourages conduct that would be considered a fraud, criminal offense, or likely to give rise to civil liability;
(f) in a manner that results in the distribution, disclosure, or use of any of the Services in any format to or by unauthorized third parties (i.e., other than end users), or in any manner that results in the distribution, disclosure, or use of any of the Services in any format, to or by unauthorized third parties. e. other than end users), including through a service sharing time, a service office, a network or by any other means;
(g) in a manner that involves the use of a robot, spider, scraper, scraper, deep link, or other similar automated data collection or extraction tools, programs, algorithms, or methodologies to access, acquire, copy, or monitor the Services or any portion of the Services;
(h) in a manner that involves decompiling, disassembling, or otherwise reverse engineering or attempting to rebuild or discover any source code, ideas, or algorithms of any technology underlying the Services by any means; or
(i) that involves the penetration of our security, including but not limited to:
(j) by voluntarily posting or transmitting any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive characteristic;
(k) by interfering with the proper functioning of the services;
(l) by attempting to hack any security requirements or processes in the use of the Services;
(m) by attempting to access any part of the Services (or any system, network, server, or other related equipment) that you are not authorized to access;
(n) by attempting to interfere in any way with the operation of the services, its servers or its network;
(o) by disobeying any requirements, procedures, policies, or regulations of your network connected to the Services;
(p) by attempting to obtain or use the identification data of another end user (as defined below), by impersonating or disguising an individual's identity through the manipulation of identifiers for any reason, including to disguise the origin or source of any content transmitted or uploaded to the Services, or the source of any content; or
(q) by modifying or altering the services in an unauthorized manner.
(a) Access to the services is controlled by individual accounts and passwords. It is your responsibility to create secure passwords and change them at reasonable intervals.
(b) You must take all reasonable precautions to protect the identifying information assigned to you, such as username/password, email address, security token (collectively, “Credentials”) and you must not, directly or indirectly, disclose or allow anyone else to use your identifying information.
(c) Passwords should be changed promptly when there is an indication that they may have been compromised. You should also immediately contact the organization that authorized you to access the services to inform them.
(d) We have no control over and accept no liability for damages resulting from unsecure passwords or identifying information that has not been properly kept confidential, including any unauthorized access to or use of information in your accounts.
(a) Some users designated by your organization are administrators of the services (“administrators”). Administrators can access and control your account, and will be able to monitor your use of the services.
(b) You hereby consent to the administrator access described in section (a) of this document.
(c) Notwithstanding the above and for the avoidance of doubt, if you are an administrator, you are also subject to this AUP.
(a) Our services may allow access to third party services, applications, and websites, including integration partners accessible through an application programming interface (“API”) (the “external services”). You agree to use external services at your own risk. We are not responsible for reviewing or evaluating the content or accuracy of the External Services, and we are not responsible for the External Services.
(b) You agree not to use the External Services in a manner that is inconsistent with this AUP or that infringes the intellectual property of Civalgo or a third party. You agree that you will not use the External Services to harass, abuse, abuse, stalk, threaten, or defame any person or entity, and that we are not responsible for such use.
(c) We reserve the right to change, suspend, remove, remove, disable, or impose restrictions or limitations on access to any External Service at any time, and without notice or liability to you.
We remain the sole and exclusive owner of all rights, titles and interests in and to:
(a) services (including underlying technologies);
(b) all documentation and other materials made available to you in connection with the provision of the services;
(c) all data captured and/or generated by the services regarding statistics, trends, performance, and analytics, such as page views, performance statistics, errors, and electronic device attributes, such as browser name and version, operating system, and country, such data generally used to improve our services, monitor performance, and understand popular characteristics, including any anonymous data about you or your use of services, such as aggregate or statistical data;
(d) all registered and unregistered intellectual property related to the items listed in sections (a) through (c) of this document. For the avoidance of doubt, “intellectual property” means all property rights provided for by patent law, copyright (registered and unregistered copyrights and unpublished copyworks), trademark law, design law or industrial design law, industrial design law, industrial design law, industrial design law, industrial model law, semiconductor chip law, or any other legal provision or common law principle applicable to the protection of information or intangible property rights rels, including trade secret law, who can conferring a right to ideas, formulas, algorithms, concepts, inventions, or know-how in general, or to the expression or use of such ideas, formulas, algorithms, concepts, inventors, or know-how, as well as to all requests, orders, licenses, licenses, licenses, sublicenses, sublicenses, lawsuits, lawsuits, reissues, extensions, franchises, terms of services, or any other evidence of a right to any of the above.
(a) Civalgo, in its reasonable discretion, will determine whether your conduct is in accordance with this AUP. We have the right to:
(i) monitor your use of the Services for this purpose, at our sole discretion and as we deem appropriate;
(ii) take any action that we deem necessary or appropriate, in our sole discretion, if we believe that your conduct violates this AUP, infringes the intellectual property or other rights of an individual or entity, threatens the personal safety of other users or the public, or could cause Civalgo to liability;
(iii) take appropriate legal action, including, but not limited to, referral to law enforcement, for any unlawful or unauthorized use of the Services;
(iv) terminate or suspend your access to all or part of the Services for any violation of this AUP.
(b) If we discover that you are on the verge of violating any of the terms of this AUP, we may suspend your access to all or part of the Services preventively, with or without notice. If no notice has been given, we will send you written notice as soon as possible and investigate to reasonably determine whether the suspension of services should continue.
(c) Without prejudice to section 9 hereof, in no event will we be liable to you for taking any action under this section 7.
(a) You must promptly report to your organization and to us any suspected security incidents, including the unauthorized disclosure, access, or use of confidential information or personal information, by emailing us at support@civalgo.com.
(b) If we believe that a security incident, including the unauthorized disclosure, access, or use of confidential information or personal information, has occurred, we may be required to report the matter to the relevant organization or organizations and/or to the person or persons concerned.
(a) We make no representations or warranties, express or implied, regarding the services, which are provided to you “as is,” “as available,” and “where available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions relating to the services, express, implied, or statutory, including, but not limited to, warranties and/or conditions of any kind, and we hereby disclaim all warranties and conditions relating to the services, whether express, implied, or statutory merchantable quality, satisfactory quality, fitness for a particular purpose, accuracy, peaceful enjoyment and non-violation of the rights of third parties. No oral or written information or advice given by Civalgo or its authorized representatives and resellers creates any warranty. If our services prove to be faulty, you assume the full cost of necessary maintenance, repair, or correction, unless otherwise provided in our agreement with your organization.
(b) To the maximum extent permitted by applicable law, in no event will we be liable to you for any indirect, special, incidental, incidental, or punitive loss or damage, regardless of cause, whether in contract, tort, or any other theory of liability, and whether or not you have been advised of the possibility of such damages. Our maximum liability to you for any reason is fifty Canadian dollars ($50 CAD) overall.
(c) You agree to defend, indemnify, and hold Civalgo and its representatives harmless from and against any and all claims, demands, liabilities, damages, losses, and expenses, including, but not limited to, reasonable attorneys' fees related to any third party claim, suit, action, or proceeding related to any third party claim, suit, action, or proceeding arising from your violation of this AUP.
The validity, interpretation and execution of this AUP and the legal relationship between you and us are governed by the law of Quebec, Canada, and the federal law applicable therein, without giving effect to a choice or conflict of legal provisions or rules (whether in Quebec or in another jurisdiction) which would result in the application of the laws of a jurisdiction other than that of Quebec, Canada. Any legal proceeding, action, or proceeding arising out of this AUP or any transaction made hereunder will be brought exclusively in Montreal, Quebec, Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in connection with any such suit, action, or proceeding.
(a) This AUP is subject to change at our sole discretion. When we change this AUP, we will update the “Last Updated” section above and use commercially reasonable efforts to let you know. Changes to this AUP will only affect your respective rights and obligations, and ours, as of the effective date of such changes. If you do not agree to these changes, you must stop using the services.
(b) The waiver of a breach of any provision of this AUP will not have effect or be construed as a waiver of another violation or a subsequent violation.
(c) If any provision of this AUP is in violation of any law or is unlawful for any reason, that provision will be removed by itself without affecting the validity of the remaining provisions.
(d) This AUP describes the entire agreement between the parties and supersedes all oral and written agreements or arrangements between them regarding its subject matter.
(e) We may assign this AUP, in whole or in part, at any time, with or without notice. You may not assign this AUP, in whole or in part, to any other person without our prior written consent. Any attempt to transfer is null and void. You may not transfer to anyone, temporarily or permanently, the rights to use the services or any part of the services.
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