Canonic Terms of Service

EFFECTIVE DATE: October 15, 2020

THIS IS A LEGAL AGREEMENT BETWEEN YOU, THE POTENTIAL USER AND CANONIC INC. SUBJECT TO ANY PROVISION CONTAINED HEREIN IN THIS DOCUMENT, THIS DOCUMENT SHALL GOVERN THE TERMS FOR AVAILING ANY SERVICES PROVIDED BY CANONIC INC. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY TERMS STATED HEREIN IN THIS DOCUMENT.. YOU AGREE BY ACCESSING THIS WEBSITE YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL THE TERMS AND CONDITIONS AS STATED IN THIS DOCUMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS YOU SHOULD NOT USE THE WEBSITE AND SERVICES OFFERED BY CANONIC INC. FURTHER, THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INDIAN INFORMATION TECHNOLOGY ACT, 2000 (“IT ACT”) AND RULES ISSUED THEREUNDER, AS APPLICABLE AND THE PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE IT ACT AND IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF APPLICABLE LAWS, INCLUDING THE (INDIAN) CONSUMER PROTECTION (E-COMMERCE) RULES 2020, THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS AND CONDITIONS FOR ACCESS OR USAGE OF THE WEBSITE. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

Copyright CANONIC INC. All Rights Reserved

All the information, material, content and their respective arrangement on the Site, shall be owned by at all point in time, unless otherwise indicated.

Trademarks

Canonic Inc, its subsidiaries, affiliates, contractors and/or participating corporations are the owners of the trade and service marks appearing on this website at all point in time, and all rights are reserved with respect to such trade and service marks.

1. ACCEPTANCE AND MODIFICATIONS

Canonic Inc a company duly incorporated and having its office at 308,Willow Way, Chester Springs Pennsylvania 19425 and its parents, affiliates, and/or franchisors (collectively "Company", “We,” “Our” or “Us”). provides the services for creating backend services including but not limited for websites and mobile applications (collectively “Services”) and other allied services through its website or mobile application maintained at www.canonic.dev, and any associated websites, mobile sites or applications, products, software and other services (collectively “Site”). This page states the terms and conditions under which the “User”, “Customer” or “You” may access and use the Site for availing the Services (“Terms”). These Terms establish the terms, conditions, rights and responsibilities applicable to Your use of the Site and Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Site and Services shall be subject to these Terms. If You have entered into a separate agreement with the Company governing your use of the Site and/or Services (“Service Agreement”), the Service Agreement will additionally apply to Your use of the Site and/or Services, and will govern in the event of any conflict or inconsistency with these Terms. Your breach of any of these Terms or the Service Agreement causes an automatic termination of the rights and licenses granted to You hereunder.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND THE SERVICES. BY USING THE SITE AND/OR THE SERVICES, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT USE THE SITE OR THE SERVICES.

We may modify these Terms or any of our other policies or guidelines, at any time upon notice to You. We may provide that notice in a variety of ways, including, without limitation, sending You an email (if you have an Account), posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the top of these Terms. Any changes or modifications will be effective upon Us providing such notice that these Terms have been modified. You acknowledge that your continued use of the Site or any of the Services following such notice constitutes Your acceptance of the modified Terms.. If You do not agree with the new version, You must stop using the Site and Services and terminate Your Account, if You have one.

2. AGE REQUIREMENTS AND ELIGIBILITY

You may not use the Services and may not accept these Terms if (1) You are not of legal age to form a binding contract with the Company, or (2) You are a person barred from receiving the Services under the laws of the jurisdiction in which You are resident or from which You access and use the Site and the Services. By using or attempting to use the Site and Services, You represent that You meet the age requirements and that You are able to enter into legally binding contracts, including these Terms.

3. PROPRIETARY RIGHTS

We and/or Our licensors own all intellectual property and proprietary rights, title and interest in and to the Site and the Services, including without limitation the trademarks registered under the name of the Company of any of its affiliates including the Site copyrights. Except for the limited use rights granted to You in these Terms, You agree that You do not have and will not acquire any right, title, or interest in any of our intellectual property or other proprietary rights. Any rights not expressly granted in these Terms are expressly reserved.

4. ACCESS

Please note, the Paid Services (as defined below) are only offered in the territorial jurisdiction of United States of America and India, however, any User who is not residing in United States of America or India may use the unpaid Services offered by the Company until the Company make any decision to either provide the Paid Services to such jurisdiction or completely stops providing any Services in such jurisdiction.

5. USE OF THE SITE AND THE SERVICES

We hereby grant You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and the Services for their intended purposes (namely, for creating back end services, storing of the website and mobile application data and related services) in accordance with these Terms and any Service Agreement. Except for the limited rights and licenses expressly granted to You herein, no other license is granted, no other use is permitted and the Company (and its licensors) shall retain all rights, and interests (including all intellectual property and proprietary rights) in and to the Site and the Services. These limited rights and licenses may be revoked at any time according to Section 10 (Termination of Service) below.

When using the Site and/or Services, You agree to comply with all applicable federal, state, and local laws including but not limited to, copyright law. Except as expressly permitted in these Terms, You may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Site content or any content that is not Your User Content for any purpose whatsoever without obtaining prior written consent from Us or, in the case of third-party content, its respective owner.

You may not cause any harm to or otherwise interfere with the Site and/or Services, by (but not limited to):

  • removing, altering, covering, or distorting any copyright, trademark, or other proprietary rights notice on the Site, Site content or any content that is not your Content;
  • encumber, sublicense, transfer, rent, lease, time-share or use the Services in any service bureau arrangement or otherwise for the benefit of any third party;
  • circumventing, disabling or otherwise interfering with security-related features of the Site or Services including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site or Services;
  • using an automatic device (such as a robot or spider) or manual process to monitor the activity on, copy or “scrape” the Site, the Services or their content for any purpose without our express written permission, except for search engines, traffic counters, or similar basic performance monitoring technology;
  • transmitting, using, distributing or uploading programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
  • forging any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
  • collecting or harvesting any personal information from the Site or the Services, including but not limited to user names, passwords, or email addresses;
  • soliciting other users to join or become members of any commercial online service or other organization without Our prior written approval;
  • make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
  • attempting to or interfering with the proper working of the Site or the Services or impairing, overburdening, or disabling the same;
  • modifying, creating derivative works from, decompiling, reverse engineering, or disassembling any portion of the Site or Services or any Content that is not Your User Content;
  • disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of the Site, or the underlying ideas, algorithms or trade secrets therein;
  • using network-monitoring software to determine the architecture of or extract usage data from the Site;
  • engaging in any conduct, or encouraging or assisting any third party in any conduct, that violates any local, state or federal law, either civil or criminal;
  • engaging in any activity, or encourage or assist any third party in any activity, that violates these Terms;
  • impersonating another user, person, or entity;
  • interfering with or disrupting the access of any user, host or network via any means including without limitation by overloading, flooding, spamming, scripting content creation, or linking to coupon sites;
  • violating of any laws, including any extra jurisdictional law;
  • engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site or Services;
  • harass, annoy, intimidate, or threaten any of Our employees or agents engaged in providing any portion of the Site and/or Services to You;
  • make improper use of our support services or submit false reports of abuse or misconduct;
  • use or allow the transmission, transfer, export, re-export or other transfer of any product, technology or information it obtains or learns pursuant to these Terms (or any direct product thereof) in violation of any export control or other laws and regulations of the United States or any other relevant jurisdiction;
  • use any of the Company’s Confidential Information (as defined below) to create any website, application, platform, service, software, documentation, or data that is similar to any aspect of the Services or Site; or
  • use the Site as part of any effort to compete with us or otherwise use the Site and/or the Services including for any revenue-generating endeavour or commercial enterprise.

You will cooperate with Us to investigate any suspected or actual activity that We suspect may be in breach of these Terms

6. ACCOUNTS

To access and use certain Services through the Site, You may need to set up an account (“Account”). To set up an Account, You will be asked to link any of Your pre-existing google, facebook or github account. At the time of creation of Account we only store name and email address, however, once Your Account is created, We may ask You to provide additional information such as Your company name, phone number, how You discovered Us, Your department in Your company and any other information/details which may help Us to modify and develop Our Services.. You must provide accurate information and keep all Account information current.

You shall not select or use as a username a name: (a) of another person with the intent to impersonate that person; (b) subject to any rights of a person other than You without appropriate authorization; or (c) that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of Your password and Account. You are fully responsible for all uses of Your password, Account and Your computer, including any unauthorized use. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify Us of any unauthorized use of Your password or Account.

You acknowledge and agree that We are authorized to act on instructions received through use of Your password and Account, and that We may, but are not obligated to, deny access or block any transaction made through use of Your password or Account without prior notice if We believe Your password and Account are being used by someone other than You, or for any other reason.

If You are accessing, browsing and using the Site on someone else’s behalf; You represent that You have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms, You agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.

If You know or have reasons to believe that the security of Your Account has been breached, You should contact Us immediately at the 'Contact Information' provided below. If We have found a breach or suspected breach of the security of Your Account, We may require You to change Your password, temporarily or permanently block or suspend Your Account without any liability to the Company.

7. YOUR CONTENT

As between the Company and You, unless otherwise specified, You own all intellectual property and other right, title and interest in and to any data, information, text, images, code and other content that You upload to or through the Site and/or Services or otherwise make (or allow any third party to make) material available by means of the Site or the Services or submit feedback and suggestions through the Services (collectively “User Content”). Except as expressly set forth in these Terms, the Company does not acquire any right, title or interest in or to the User Content. By uploading or submitting any User Content to or through the Site or Service, You grant to the Company, its licensees, sub-licensees and successors, a perpetual, worldwide, non-exclusive, transferable, irrevocable, royalty-free, sublicensable right and license to store, use, copy, modify, reproduce, adapt, display, translate, publish, publicly perform, publicly display, distribute, edit, reformat and create derivatives of User Content as we deem necessary to provide the Site and the Services, including but not limited to, to improve or enhance the Site and the Services, to develop new features and functionality, and for research, benchmarking, and other statistical purposes.. We do not share the User Content to any third party, however, we may access the User Content if any User makes a request to Us for deleting its User Content or personal data.

You are solely responsible for all of Your User Content and for any harm or liability resulting from or arising out of such User Content. We have the right, but do not assume the obligation or responsibility, to monitor Your User Content and to determine whether it complies with applicable laws and these Terms and You agree to indemnify the Company for any claims, damages, costs, and liabilities arising from such User Content. You shall be responsible for maintaining appropriate security, protection and back up of the User Content. Further, You shall not store any sensitive data including any personally identifiable financial data, health data, biometric, etc. without Company’s prior written approval.

The Company is not required to review any User Content, but may determine, in sole discretion, that certain Content violates these Terms. We may remove such User Content, suspend Your Account, suspend access to the Site, or take any other steps that We deem appropriate in such a case. Where applicable, the Company may still collect subscription fees from suspended accounts. The Company does not guarantee the accuracy, reliability or quality of the User Content. You acknowledge that by using the Site, or by merely visiting the Site, You may be exposed to content that You may consider offensive, indecent or objectionable.

By submitting any User Content relating to feedback, review, ratings etc., You represent and warrant that:

  1. You are the sole author and owner of the intellectual property rights thereto;
  2. All "moral rights" that You may have in such User Content have been voluntarily waived by You;
  3. All ratings or reviews that You post are accurate;
  4. You are at least the age of majority in the jurisdiction in which You reside;
  5. Use of the User Content does not violate these Terms and will not cause injury to any person or entity.
  6. You have obtained all rights and permissions necessary to publish and/or use the User Content in the manner in which You have published and/or used it;
  7. Our use of the User Content for the purpose of providing the Services (including, without limitation, downloading, copying, processing, or creating aggregations of the User Content) does not and will not (i) violate any applicable laws or regulations, or (ii) infringe, violate, or misappropriate the intellectual property rights of any third party; and
  8. the User Content does not contain threats or incitement to violence, and does not violate the privacy or publicity rights of any third party;

You further agree and warrant that You shall not post or publish any User Content:

  1. That is known by You to be false, inaccurate or misleading;
  2. That infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  3. That violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  4. That are, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  5. For which You were compensated or granted any consideration by any third party;
  6. For which You were compensated or granted any consideration by any third party; That include any information that references other websites, addresses, email addresses, contact information or phone numbers; or
  7. That contains any computer viruses, worms or other potentially damaging computer programs or files.

8. THIRD-PARTY LINKS

The Site and the Services may provide links to third-party websites, advertisements, or resources. Because We have no control over such sites, advertisements, or resources, We are not responsible for the availability of such external websites or resources, and We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any such content, goods, or services available on or through any such third-party website or resource. You should refer to the terms and policies of any third party sites You use to determine Your rights.

9. MODIFICATIONS TO THE SITE AND SERVICES

We reserve the right at any time in our sole discretion to modify, discontinue, or remove, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice. We will not be liable to you or to any third party for any such modification, suspension, removal, or discontinuance. We will use commercially reasonable efforts to make the Site available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.

10. TERMINATION OF SERVICE

We may, in our sole and absolute discretion and without notice or liability to You or any third party, immediately suspend, limit Your access to and/or terminate your access to the Site, Services and/or your Account for any reason or for no reason, including without limitation: (a) if We believe in Our sole discretion that You have violated or may violate these Terms, the Service Agreement (if any), or any applicable laws or regulations; (b) at the request of law enforcement, government agencies or courts; (c) if You ask Us to close Your Account; (d) if We discontinue or materially modify the Site or Services (or any part thereof); (e) if unexpected technical or security issues or problems arise; (f) if We believe in Our sole discretion that Your use or access to the Site, Services or your Account may create risk (including but not limited to legal risk) for the Company, or its contractual partners, or users; and/or (g) following extended periods of inactivity on Your Account (six (6) months or longer). Termination of Your access to the Site, Services and/or Your Account may include in Our sole discretion, but is not limited to: (x) removal of access to some or all offerings on the Site and Services; (y) the deletion of some or all of your User Content, Account information and/or other content associated with Your use of the Site, Services and/or your Account (or any part thereof) from the Site, our servers and/or directories; and/or (z) banning You from using the Site and Services by any available means, including without limitation by blocking Your IP address.

Any suspension or termination shall not affect Your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of Your access to or use of the Site, Services and/or Your Account, shall survive including, but not limited to, the rights and licenses that You have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions set forth below.

11. USAGE INFORMATION

The Company owns all data regarding installation, registration, and use of the Site, and related to Site performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about the Site and any user components incorporated into the Site. Usage Information does not include any personally identifiable information, but may include aggregated information derived from Content. Usage Information is used to contribute to analytical models used by the Company, to monitor and improve the Site, and to perform the Company’s obligations under these Terms or Service Agreement.

12. INDEMNITY

You agree to indemnify, defend, and hold the Company, its affiliates, and its and their respective members, officers, directors, owners, employees, agents, partners, licensors, service providers, successors, and assigns (collectively, the “Indemnified Parties”) harmless from and against any third-party claims, liabilities, losses, damages, obligations, costs, and expenses (including but not limited to reasonable attorneys’ fees and costs) (“Claims”) arising out of or relating to your use of the Site or Services, your User Content, your breach of these Terms, and/or your acts or omissions relating to any of the foregoing. We have the right to control the defence, settlement and/or other resolution of any Claims, at your sole cost and expense. You may not settle or otherwise resolve any Claim without our express written permission.

13. RELEASE

In the event that You have a dispute with one or more other users of the Services, You release the Company (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND THE SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT OF THE LAW, THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING ANY: (A) WARRANTIES THAT THE SITE, THE SERVICES, OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE, SERVICES, OR SITE CONTENT; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES; (E) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; AND (F) WARRANTIES THAT THE SITE, THE SERVICES AND/OR SITE CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE SITE, THE SERVICES AND/OR SITE CONTENT WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM 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 THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15. LIMITATION OF LIABILITY

WE MAY USE THIRD PARTIES TO PROVIDE CERTAIN SERVICES ACCESSIBLE THROUGH THE SITE AND THE SERVICES. WE WILL NOT BE LIABLE TO YOU FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH (A) YOUR USE OF, OR YOUR INABILITY TO USE, THE SITE OR SERVICES, (B) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH, OR FROM THE SITE OR THE SERVICES, (C) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (D) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY, OR (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE AND THE SERVICES, SHALL IN ALL EVENTS BE LIMITED TO THE LOWER OF UNITED STATES DOLLARS 500 ($ 500) OR THE TOTAL AMOUNTS PAID BY YOU TO US FOR THE SERVICES GIVING RISE TO SUCH LIABILITY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM. PLEASE NOTE, THE LIMITATION OF LIABILITY AMOUNT MAY BE UPDATED SUBJECT TO THE CHANGE IN OUR PRICING. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE WILL NOT BE LIABLE FOR THE ILLEGAL, OFFENSIVE OR DEFAMATORY CONDUCT OF OTHERS, INCLUDING BUT NOT LIMITED TO ANY SUCH CONDUCT BY YOU, AND THAT YOU BEAR ALL RISK AND LIABILITY ASSOCIATED WITH YOUR CONDUCT AND CONTENT.

16. DATA PRIVACY

We and Our service providers and other partners collect information from and/or about You when You use the Site and the Services, and process that information in accordance with ourPrivacy Policy (as updated on the Site). By accepting these Terms You are also accepting the terms of the Privacy Policy, which are incorporated herein by reference for all applicable purposes. If You do not agree to these Terms, please do not access the Site or use the Services.

17. PAYMENT

The Services may be free or charge or We may charge a fee for using the Services. If You are using a free version of the Services, We will notify You before any Services You are then using begin carrying a fee, and if You wish to continue using such free Services, You must pay all applicable fees for such Services

If You purchase any of our paid Services (“Paid Services”), You agree to pay Us the applicable fees and taxes and to additional terms specific to the Paid Services. Failure to pay these fees will result in the termination of Your Paid Services. Also, You agree that:

  1. Amount paid by You for Your purchase shall be in United States Dollars and may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  2. We may charge the fees and applicable taxes through any of the payment methods accepted on the Site and as may be updated from time to time (“Payment Method”), Currently, we only accept credit card and debit cards payment as Payment Method and this list may be updated from time to time.
  3. For some Payment Methods, the issuer / payment service providers may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
  4. We may store and continue billing your Payment Method (e.g. credit card) even after it has expired, to avoid interruptions in your Paid Services and to use to pay other Services You may purchase.
  5. If You purchase a subscription, Your Payment Method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date, please refer to Section 19 on how to cancel or suspend Your Paid Services. The length of your billing cycle will depend on the type of subscription that You choose when You signed up for the Service. In some cases Your payment date may change, for example if your Payment Method has not successfully settled, when You change your subscription plan or if your Paid Service began on a day not contained in a given month. Unless You cancel Your subscription for Paid Service before Your billing date, You authorize Us to charge the subscription fee for the next billing cycle to Your Payment Method. In the event, We fail to collect the subscription fees automatically, We may send you payment link on your registered email id for collecting the subscription fee.
  6. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and You do not cancel your Account, We may suspend Your access to the Paid Service until We have successfully charged a valid Payment Method and in some cases You may be automatically downgraded to a free Service.
  7. You can update Your Payment Methods by going to the "Billing" page. We may also update Your Payment Methods using information provided by the payment service providers. Following any update, You authorize Us to continue to charge the applicable Payment Method(s).
  8. The amount paid by You for Your purchases is strictly non-refundable, however, on special request raised by any user, the Company at its sole discretion may refund the amount paid by such user if it is satisfied with the reason given by such user for refunding the amount.
  9. We may calculate taxes payable by You based on the billing information that You provide us at the time of purchase.
  10. You can get a copy of Your invoice through your Account under the “Invoices” section.

Please note that any payment terms presented to You in the process of using or signing up for a Paid Service are deemed part of these Terms. Further, if You are in India, please note that effective October 1, 2021, Your bank may not be able to process any requests for automated payments on your credit/debit cards unless it complies with Reserve Bank of India’s e-mandate guidelines.

We may change Our subscription plans to Paid Service and the price of Our Service from time to time; however, any price changes or changes to Your subscription plans to Paid Service will apply no earlier than 30 days following notice to You.

18. CANCELLATION AND REFUND

You can cancel Your subscription for Paid Service at any time, and You will continue to have access to the Paid Service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Paid Service. To cancel, go to the "Billing" page and follow the instructions for cancellation. If You cancel Your subscription to a Paid Service, Your account will be automatically downgraded to the free Service close at the end of Your current billing period.

19. CONFIDENTIALITY

You agree that the business, technical and financial information of the Company, that is either designated in writing as confidential, or is disclosed in a manner that a reasonable person would understand the confidentiality of the information disclosed, shall be the confidential property of Company (“Confidential Information”). You agree to hold in confidence and not disclose any Confidential Information and shall similarly bind Your employees, consultants, and independent contractors, if applicable, and will use the Confidential Information only for the purpose for which it was disclosed.

20. U.S GOVERNMENT RIGHTS

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA). Each of the documentation and the software components that constitute the Services is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor therefore, Customer only receives those rights with respect to the Services and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defence and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors.

21. MISCELLANEOUS

a. Dispute Resolution. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”) brought by either You or Us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD NOT HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Except where prohibited by law, as a condition of using the Site and/or Service, You agree that any and all Disputes arising out of or connected with the Sites and/or Service, which cannot be resolved as stated above, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Dispute, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The arbitration may be conducted in person, through the submission of documents, by phone, or online. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Delaware, County of Sussex, or the United States District Court for the District of Delaware. The Parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, County of Sussex, or the United States District Court for the District of Delaware. Except as otherwise provided herein, the Parties may litigate in a court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

b. Governing Laws: These Terms, for all purposes, will be governed and interpreted according to the laws of the State of Delaware, regardless of where the User is based and without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, for the resolution of any such Dispute.

Acceptance of these Terms constitutes Your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

c. Waiver and Severability of Terms. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be void, invalid or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

d. No Contest. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and You agree that You will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

e. Assignment. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without Our prior written consent.

f. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.

g. Corrections. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

h. Independent Contractors. Your use of the Site and the Services is independent of the Company and not as an employee, agent, a partner, or a joint-venturer with the Company for any purpose.

i. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site, Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

j. Entire Agreement. These Terms (together with the Privacy Policy and any Service Agreement entered into between You and the Company) constitute the entire agreement between You and us with respect to Your access to and use of the Site and the Services, and any and all other written or oral agreements or understandings previously existing between You and Us with respect to the subject matter hereof are hereby superseded and cancelled.

h. Force Majeure. Failure by either party to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If either party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfil its obligations hereunder within a reasonable time frame after the force majeure event ceases to exist.

i. Notice. You agree that any notice that the Company is required to provide pursuant to these Terms can be given electronically, which may include an email to the email address you provide to the Company as part of your Account information. These notices can be about a wide variety of things, including responding to your questions, requests for additional information, and legal notices. You agree that such electronic notices satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day the email is sent to You, provided that the email is the same as the email address You provided as part of Your Account information.

j. Questions. Please contact us with any questions regarding the Site, the Services or these Terms at support@canonic.dev. Any feedback or questions that You provide shall be deemed to be non-confidential, and We shall be free to use such information in accordance with Our Privacy Policy.

k. Appointment of Nodal Officer: With respect to the Rule 4 (1) (a) of the Indian Consumer Protection (E-Commerce) Rules (“E-Com Rules”), 2020, We appoint Simranjot Singh, reachable at nodalofficer@canonic.dev, as nodal officer (“Nodal Officer”). The Nodal Officer shall be responsible for ensuring compliance of Indian Consumer Protection Act, 2020 (“Consumer Protection Act”) and any rules made thereunder.

l. Appointment of Grievance Officer: With respect to the Rule 4 (4) of the E-Com Rules we appoint Simranjot Singh, reachable at griveance@canonic.dev as its grievance officer (“Grievance Officer”). Grievance Officer holds the position of ‘Compliance Officer’ in the Company. The Grievance Officer shall be responsible for handling the consumer complaints which can be raised by contacting the Grievance Officer.

Last Updated: April 7, 2022