General Terms and Conditions of Business
Effective Date: [Date]
These General Terms and Conditions of Business (“Terms”) govern the use of the retention marketing data analytics solutions and marketing services provided by Markograph.Inc (“we,” “us,” or “our”), a software-as-a-service (SaaS) company based in Canada. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.
- Use of Services
1.1 Eligibility: You must be of legal age and have the legal capacity to enter into a binding contract to use our services. By accessing or using our services, you represent and warrant that you meet these requirements.
1.2 User Account: In order to use certain features of our services, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
1.3 Compliance: You agree to use our services in compliance with applicable laws, regulations, and these Terms. You are solely responsible for obtaining any necessary permissions, consents, or licenses required for the use of any content or data you upload, transmit, or display through our services.
- Intellectual Property
2.1 Ownership: All intellectual property rights in our services, including but not limited to software, algorithms, designs, trademarks, and content, are owned by us or our licensors. These Terms do not grant you any rights or licenses to use our intellectual property, except as expressly authorized by us.
2.2 Use Restrictions: You may not copy, modify, distribute, sell, lease, sublicense, or reverse engineer any part of our services, unless expressly permitted by us in writing. You may not remove, alter, or obscure any copyright, trademark, or other proprietary notices displayed in connection with our services.
- Data Privacy and Security
3.1 Data Collection and Use: We collect and use personal information in accordance with our Privacy Policy. By using our services, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
3.2 Data Ownership: You retain ownership of any data or content you upload, transmit, or display through our services. By using our services, you grant us a limited license to use, store, and analyze your data for the purpose of providing our services to you and improving our services.
3.3 Security Measures: We implement reasonable technical and organizational measures to protect your data against unauthorized access, loss, or theft. However, no method of transmission or storage is entirely secure, and we cannot guarantee absolute security.
- Limitation of Liability
4.1 Disclaimer: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES.
4.2 Limitation of Liability: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Termination
5.1 Termination by You: You may terminate your use of our services at any time by ceasing to use our services and closing your user account, if applicable.
5.2 Termination by Us: We reserve the right to suspend or terminate your access to our services, in whole or in part, at any time and for any reason, without prior notice or liability.
- General Provisions
6.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of laws provisions.
6.2 Dispute Resolution: Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Toronto , Ontario , Canada.
6.3 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or contemporaneous agreements, understandings, or representations, whether oral or written.
6.4 Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
6.5 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
By using our services, you acknowledge that you have read, understood, and agreed to these Terms.