These Terms and Conditions ("Agreement") govern your access and use of the software-as-a-service (SaaS) product ("Product") provided by tossdown ("Company"). By accessing or using the Product, you agree to be bound by the terms and conditions of this Agreement.
In order to use the Product, you must create an account by providing accurate and complete registration information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You may authorize individuals ("Authorized Users") to access and use the Product on your behalf. You are responsible for ensuring that Authorized Users comply with this Agreement.
You agree not to use the Product for any unlawful or unauthorized purposes. You shall not, directly or indirectly, (a) reverse engineer, decompile, or disassemble the Product; (b) interfere with or disrupt the integrity or performance of the Product or its associated systems; (c) attempt to gain unauthorized access to the Product or its related systems; (d) use the Product to transmit any harmful or malicious code; or (e) sell, resell, sublicense, or distribute the Product to any third party.
The Product, including all intellectual property rights therein, is owned by the Company or its licensors. This Agreement does not grant you any rights in or to the Product, except for the limited license to use the Product as expressly permitted herein.
If you provide any suggestions, feedback, or ideas regarding the Product ("Feedback"), you hereby grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, modify, and incorporate such Feedback into the Product without any obligation or compensation to you.
The Company may collect and use certain information and data regarding your use of the Product, subject to the Company's Privacy Policy. By using the Product, you consent to such collection and use of data.
The Company employs industry-standard security measures to protect the integrity and confidentiality of your data. However, the Company cannot guarantee that unauthorized third parties will not be able to circumvent these measures. You acknowledge and agree that you use the Product at your own risk.
Your use of the Product may be subject to payment of fees as specified by the Company. You agree to pay all applicable fees in a timely manner.
The Product is provided on a subscription basis for a specified term. Unless otherwise terminated, your subscription will automatically renew for subsequent terms upon expiration, and you will be billed accordingly.
Either party may terminate this Agreement upon written notice if the other party breaches any material provision of this Agreement and fails to cure such breach within 30 days of receiving written notice. Upon termination, your access to the Product will be disabled, and you may no longer use the Product.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company may modify this Agreement from time to time. Any modifications will be effective upon posting the updated Agreement on the Company's website. Your continued use of the Product after any such modifications constitutes your acceptance of the modified Agreement.
This Agreement shall be governed by and construed in accordance with the laws of Canada. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Canada.
This Agreement constitutes the entire agreement between you and the Company regarding the subject matter herein and supersedes all prior or contemporaneous agreements, understandings, and representations.
Please read this Agreement carefully before accessing or using the Product. By accessing or using the Product, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.