By using our Services, you’re agreeing to be bound by these Terms, and to review our Privacy and Acceptable Use policies. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization.
By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.
Your Assets & Your Permissions
When you use our Services, you provide us with things like your files, content, configuration settings and so on (“Your Assets”). Your Assets are yours. These Terms don’t give us any rights to Your Assets except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Assets, backing it up, and sharing it when you ask us to. Our Services also provide you with features like invoicing, work orders, purchases orders, messaging, calendar and searching. These and other features may require our systems to access, store and scan Your Assets. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Sharing Your Assets
Our Services let you share Your Assets with others, so please think carefully about what you share. You understand that you assume all risks, including unwanted public release, related to your decision to share Your Assets. When you share Your Assets, you’re responsible to ensure that those accessing Your Assets understand what they’re allowed to do, or not, with Your Assets. Your sharing of Your Assets via our Services will not entitle you to any payments from any persons participating in our Services.
When content is shared to you, offering comments, suggestions, and/or feedback to another user’s content on the KARZEN site does not mean that you acquire ownership rights or credits in that content nor does it mean that you shall have a right to any royalties or other monetary payments derived from that content. Without written approval from the party owning the content that was shared with you, you cannot share or reproduce the other user’s content. To obtain more information about your rights, please consult your performing rights organization, publisher, and/or legal counsel.
You’re responsible for your conduct, Your Assets and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information current. You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the “Forgot Password?” link and follow the on-screen instructions. You are also solely responsible for restricting access to your account. You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Service as soon as possible to obtain a new password.
Finally, our Services are not intended for and may not be used by people under the age of 13. By using our services, you are representing to us that you’re over 13.
Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, KARZEN trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us by email. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is: email@example.com
Paid (“Premium”) Accounts
You can increase your privileges and add paid features to your account (turning your account into a “Paid”, “Premium” Account). Please refer to our Pricing Terms and Conditions for further details relating to billing, refunds, downgrades and changes to Paid accounts.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for twelve (12) consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, KARZEN AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
Disclaimer of Warranty and Limitation of Liability
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, KARZEN MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. KARZEN PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, KARZEN’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL KARZEN AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF KARZEN HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT KARZEN IS FOUND LIABLE TO PAY YOU ANY DAMAGES, KARZEN’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless KARZEN, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service.
This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec.
This Agreement is the entire and exclusive agreement between KARZEN and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between KARZEN and you regarding the Service.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of KARZEN, which consent is within KARZEN’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. KARZEN shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and KARZEN.
If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.
If you have any concern, question or complaint regarding this Agreement, please contact KARZEN at:
KARZEN Technologies Inc.
3535 Queen Mary Road, Suite 200.5
Canada, H3V 1H8
The current Agreement last update was 10th May 2017