WEBSITE/APPLICATION OWNER
SOLODIGITALIS TERMS OF SERVICE BY USER
Information Our Lawyers Want You to Read
Solodigitalis Inc. (“Solodigitalis ”), a corporation incorporated under the laws of the Province of Ontario, developed, owns and maintains the websites, https://booth.events, https://shared.gallery , https://wifibooth.com, https://solodigitalis.com (the “ Website(s) ”) and the mobile applications, Booth.Events, Wifibooth, SoloLink, and BluePrint (Please note that the app “BluePrint” was renamed to “SoloLink” but these terms shall apply to BluePrint) (collectively the “ Apps”) (Apps collectively with Website being the “Platforms ”). Solodigitalis is in the business of creating, maintaining and providing consulting services on the website applications, mobile applications and responsive websites, user experience (IA, prototyping and testing), development (front and back-end web development, database design and development, IOS and Android mobile development) and strategy (research, planning, consultation).
Before using our Platforms, please read and understand the below terms.
Your access to and use of the Platforms is subject to the following Terms of Service:
BY DOWNLOADING OR CLICKING THE “ACCEPT” BUTTON BELOW, YOU (THE “CUSTOMER ”) AGREE TO THE FOLLOWING TERMS OF SERVICE (THE "SERVICES AGREEMENT" OR “ TERMS OF SERVICE” OR “TERMS AND CONDITIONS ”) INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS AND BY THE APPLICATION’S PRIVACY POLICY (THE “ PRIVACY POLICY ”), WHICH IS INCORPORATED HEREIN BY REFERENCE AND CAN BE FOUND AT (https://booth.events/privacy) . WITH YOUR SIGNATURE OR CLICK ACCEPTANCE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE (i) ENTERING INTO THIS SERVICES AGREEMENT FREELY AND WITHOUT COERCION AGREEING TO BE BOUND BY ALL OF THE TERMS OF THIS SERVICES AGREEMENT; AND (ii) CERTIFYING THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH SOLODIGITALIS AND ARE FULLY ABLE TO ENTER INTO THIS SERVICES AGREEMENT AND ABIDE BY THE TERMS CONTAINED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR ENTITY TO THE TERMS OF THIS SERVICES AGREEMENT. THE TERMS "YOU" SHALL REFER TO YOU AND/OR SUCH COMPANY OR ENTITY. YOUR SIGNATURE TO THIS SERVICES AGREEMENT CREATES A VALID AND BINDING LEGAL AGREEMENT BETWEEN YOU AND SOLODIGITALIS ENFORCEABLE ON THE TERMS CONTAINED HEREIN. upon THE DATE OF EXECTUTION, THIS DOCUMENT will create a legal and binding agreement and obligation on the Customer (the “ Effective Date ”). For the purposes of this agreement, the Services Agreement shall be referred to as the “ Agreement ”. Solodigitalis reserves the right to update the Terms of Service at any time without notice to you (with the exception of any INCREASE IN FEES OUTLINED IN SCHEDULE “A”). You are also bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Service to which you are bound. The most current version of the Terms of Service may be accessed by clicking on the “Terms of Service” hypertext link located ON EACH of the PLATFORMS. If you do not agree to these Terms of Service, please do not use the PLATFORM.
Any and all payment terms shall be outlined in Schedule “A”.
Accuracy and Completeness of Information
While Solodigitalis attempts to provide accurate information on the Platforms, Solodigitalis makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to information on the Platforms, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Platforms.
Modification of Platforms
Information in the Platforms is subject to change without notice. Solodigitalis makes no representations that the materials in the Platforms are appropriate or available for use in other countries aside from Canada and the USA. Those who do access these Platforms from other countries are solely responsible for compliance with local laws of that country.
Collection of Personal Information
From time to time, you may be requested to provide Solodigitalis with personal information. Such personal information is subject to Solodigitalis’s Privacy Policy. Solodigitalis reserves the right to provide your personal information to its local representative if, in the opinion of Solodigitalis, providing such information to the representative is appropriate.
In the event that you submit personal information to Solodigitalis through this site, in confidence, you consent to the collection, processing, transmission and disclosure of such information by Solodigitalis for the purposes of Solodigitalis’s internal use and specifically for the purposes set out on the Platforms or in Solodigitalis’s Privacy Policy.
Solodigitalis will use all commercially reasonable efforts to keep such information confidential, and shall not disclose such personal information to any third party except: (a) in confidence and to facilitate the provision of services to you, (b) to the extent required by law, and (c) in accordance with Solodigitalis’s Privacy Policy.
Terms of Service
License Grant. Subject to your compliance with the Terms and Conditions, Solodigitalis grants you a limited, non-exclusive, non-sublicensable, non-assignable, non-transferable, freely revocable license to download, install and use one (1) copy of the Apps, in object code format, only on your computer or mobile devices (if you have downloaded the Apps from the Apple App Store, then only on your iPhone, iPod touch, iPad or iWatch) (each, a “Device”) for the sole purpose of personally using the application and any other applications that may be explicitly authorized by Solodigitalis for use through use of the Apps, and if you have downloaded the Apps from the Apple App Store, as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof.
Ownership. Solodigitalis and the Platforms are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Platforms is deemed to include trade secrets and information that is confidential and proprietary to the Platforms and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Platforms and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to Solodigitalis and its licensors, if any, including all intellectual property rights therein. The Platforms are licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Solodigitalis hereby expressly reserves all rights in the Platforms and Services which are not expressly granted to you hereunder.
In consideration of your use of the any services provided on this site, you agree to:
provide true, accurate, current and complete Registration Data as prompted by the registration process;
maintain and promptly update the Registration Data to keep it accurate, current and complete. If Solodigitalis has reasonable grounds to suspect that the information you have provided is untrue, not current or incomplete then Solodigitalis has the right to suspend or terminate the services provided to you by Solodigitalis and refuse any and all current or future use of Solodigitalis’s Platforms;
maintain the security and confidentiality of your password and any other security or access information you may be given by Solodigitalis and to not provide such information to any other person;
be liable for all activities undertaken by you using any service provided by Solodigitalis, including, but not limited to, access to materials on the Internet and use of email. All activities are at your own risk;
be liable for any activities that occur under your password or account;
refrain from transferring your account in the Platforms to any other party without our prior written consent;
refrain from impersonating any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username or password;
refrain from using another person’s account without permission;
immediately notify us in writing if you become aware of any loss, theft or use by any other person or entity of any of your Registration Data in connection with the Platforms or the Service or any other breach of security that you become aware of involving or relating to the Platforms.
allow Solodigitalis to send you communications electronically. You agree that all agreements, notices, disclosures and other communications that Solodigitalis provides to you electronically satisfies any legal requirement that such communication be in writing. Any feedback that you provide shall be deemed to be non-confidential.
no formation of agency, partnership, joint venture, employee-employer relationship is created by this Agreement or any access or use of the Platforms.
acknowledge that this Terms of Service is concluded between Solodigitalis and you only, and not with Apple Inc. (“Apple”), and as between Solodigitalis and Apple. Solodigitalis, not Apple, is solely responsible for the Apps and Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Apps and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the date hereof (which you further acknowledge you have had the opportunity to review).
Privacy Policy
Solodigitalis's use of any personal information you submit to the Platforms is governed by Solodigitalis’s Privacy Policy, which is incorporated by reference into these Terms of Service.
Use of Platforms
Use Solely for Lawful Purposes. The Platforms may be used for lawful purposes only. Submission, transmission or maintenance of any information or materials in violation of any federal or provincial regulations is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. Solodigitalis reserves the right to refuse service to anyone client without providing reason or cause.
Prohibited Acts. You agree not to knowingly:
use any device, software or technique to interfere with or attempt to interfere with the proper working of the Platforms;
post or transmit to the Platforms any content deemed unlawful, harmful, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), profane, injurious or otherwise objectionable, or any content that encourages conduct that would be considered a criminal offense or bring forth civil liability of any kind;
post or send to the Platforms any Information that contains a virus, bug, or other harmful item;
post or transmit into or on the Platforms any information in violation of another party’s copyright or intellectual property rights;
take any action which imposes an unreasonable or disproportionately large load on Solodigitalis’s infrastructure;
redeliver any of the Content using “framing”, hyperlinks, or other technology without express written permission;
use any device or technology to provide repeated automated attempts to access password-protected portions of the Platforms; or
alter or change any materials or distribute, publish, transmit, reuse, re-post or use the content of the Platforms for public or commercial purposes, including, without limitation, the text, images, audio and video. Unauthorized use of the materials is strictly prohibited and is a violation of the rights of Solodigitalis and/or third parties, including, without limitation, under copyright laws, trademark laws, the laws of privacy and publicity;
use access to the Platforms or related materials thereto to compete or gain competitive advantage with Solodigitalis;
infringe upon any ownership rights to the Platforms and related intellectual property of Solodigitalis;
copy or retrieve data to compile any databases;
use the Apps or any of the Services to transmit to any recipient any unsolicited text messages, emails or telephone calls of any kind, including, without limitation, any chain letters, materials related to any political campaigns, commercial advertisements or solicitations or mass mailings .
Should any action listed above occur, Solodigitalis shall send Notice to you via the most current contact information you have provided. If no response is received within 24 hours of delivery, Solodigitalis reserves the right to take necessary action to remedy including but not limited to destruction of uploaded content, termination of your subscription, seeking injunctive relief and legal action for damages.
Links to third party sites. This Platforms may link to other sites not maintained by or related to Solodigitalis. Solodigitalis has not reviewed all of the sites linked to the Platforms and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Solodigitalis of the site. Use of any such linked Web site is at the user’s own risk.
The Platforms may include links or references to third-party web sites or applications offering products or services, including games, applications, images, special offers, or other events or activities, that are operated and maintained by other persons and/or that are not owned by Solodigitalis (the “ Reference Sites “). The Terms and Conditions do not apply to Reference Sites. Please be aware of when you visit or use any Reference Sites, and we encourage you to read the terms and conditions and privacy policies of any Reference Sites that you visit or use.
Solodigitalis does not assume any responsibility for Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK. You expressly relieve Solodigitalis from any and all liability arising from your use of any Reference Sites. Solodigitalis is not responsible for and does not control or guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by Reference Sites; (ii) any payment transactions, shipping charges, deliveries, returns or after sales activities related to the products or services purchased on Reference Sites; (iii) the availability of Reference Sites; or (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, Reference Sites, nor any listing or other content about such products or services displayed on Reference Sites. Any questions, complaints, or claims related to any product or service provided by a Reference Site should be directed to the applicable third party responsible for the Reference Site.
Use of Platforms. Use of Platforms is to be limited to creating, uploading, viewing, displaying photos as well as the collection, arrangement, and management of guest contact data for the management of events .
Purchases
By making any purchase from Solodigitalis through its site, including but not limited to trial subscriptions with no up-front payment, you agree to abide and be bound by the terms and conditions of the Platforms, as applicable, along with any other terms and conditions that you agree to in the course of making your purchase. You further agree that you will not make any purchase from Solodigitalis without complying with all applicable laws and regulations, and you warrant that you will not make any purchases through this site where such purchase is prohibited by your local law.
Submissions of Information by You
Grant of license to Solodigitalis. If you, or your agent, submits information to the Platforms, including without limitation, submission of any advertisement, or user profile information, you grant Solodigitalis a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the submitted information. By submitting information to the Platforms you, or your agent, warrant and represent that you own or otherwise control all of the rights necessary for you to provide, post, upload, input or submit the information. No information you submit shall be deemed confidential. However, Solodigitalis agrees to use your Information in accordance with Solodigitalis’s Privacy Policy applicable to personally identifiable user data. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to the Platforms. You further agree and acknowledge that contact information submitted by you may be used to contact you for (but not limited to) payment and expiry notices, marketing, and product updates.
Copyright Notice
You should assume that all materials, designs, text, audio, graphics, user interfaces, visual interfaces, photographs, images, trade-marks, logos, sounds, music, artwork and computer code contained in the Platforms (collectively, the “Materials”) are copyrighted property of Solodigitalis or related entities. Solodigitalis neither warrants nor represents that your use of these Materials will not infringe rights of third parties unrelated to Solodigitalis.
Trade-marks and Proprietary Materials
This Platforms contain many valuable trade-marks, names, titles, logos, images, designs, and other proprietary materials that are owned or used under license by Solodigitalis (the “Trade-marks”). Nothing contained on the Platforms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of these Trade-marks. If you misuse any Trade-mark in violation of these Terms of Service, Solodigitalis will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Disclaimers
THIS SITE, AND ACCESS TO ANY LINKED SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS “AS IS” AND “AS AVAILABLE”, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU HEREBY DISCLAIM ALL WARRANTIES BY SOLODIGITALIS RELATING TO YOUR USE OF THE PLATFORMS. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE PLATFORMS WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORMS AND PLATFORMS-RELATED SERVICES.
Limitation of Liability
IN NO EVENT SHALL SOLODIGITALIS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, RESULTING FROM YOUR USE, MISUSE, OR INABILITY TO USE THE PLATFORMS, YOUR USE, MISUSE, OR INABILITY TO USE THE SERVICES PROVIDED BY SOLODIGITALIS, YOUR USE, MISUSE OR INABILITY TO USE ANY THIRD PARTY SITE, OR THE ACTIONS OF ANY THIRD PARTY, HOWSOEVER ARISING, INCLUDING ANY LOSS OF USE, LOST DATA, LOST BUSINESS PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND THE SOLODIGITALIS LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR ANY SERVICE RELATED TO ANY DAMAGES SUFFERED BY YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
HARM TO YOUR DEVICE. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY, STORE OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE SERVICE OR ANY CONTENT.
Indemnification
You agree to indemnify and hold harmless Solodigitalis, its affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, losses, and expenses arising from your use of and access to the Solodigitalis Platforms, use or access to the services of Solodigitalis, your violation of these Terms of Service or of any third party right including, without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Platforms.
Location Based Services.
Some of the features of the Service enable Solodigitalis to tailor your experience based on your location (“Location-based Services”), such as to make offers, event updates, and other announcements available to you based on your location. In order to use certain Location-based Services, you must allow Solodigitalis access to your localized position through your device, which Solodigitalis may accomplish through a variety of means, including GPS location, GeoIP, or other available mechanisms. Without limiting the foregoing, even if you have not expressly granted Solodigitalis access to location data, Solodigitalis may nonetheless have access to location information contained in media content metadata, to the extent you have enabled the application originating such media content to capture and store location data. If you choose to disable Location-based Services on your device or to the Platforms, you will not be able to utilize certain features of the Service. By authorizing Solodigitalis to access your location or media files containing location based metadata, you agree and acknowledge that (i) location data we collect from you is directly relevant to your use of the Service and (ii) Solodigitalis may, for so long as you allow Solodigitalis to access such location data or metadata, provide Location-based Services related to your then-current location. PLEASE NOTE THAT LOCATION DATA MAY NOT BE ACCURATE, WHETHER COLLECTED ORIGINALLY BY THE APP OR A THIRD PARTY APPLICATION ORIGINATING A PIECE OF MEDIA CONTENT, AND SOLODIGITALIS DISCLAIMS ANY AND ALL WARRANTIES RELATED TO LOCATION DATA AND LOCATION BASED SERVICES. Solodigitalis may use third party services as part of its Location-based-Services, including but not limited to Google maps. By using our Platforms you agree to be bound to the terms of such Location-based-Services.
General Terms
Violations of Terms and Conditions. Should you violate these Terms and Conditions or any other rights of it, Solodigitalis reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on the Platforms. If Solodigitalis should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Service, and to abide by and comply with them.
Jurisdiction and Claim Limitations. These Terms of Service are governed and interpreted under the laws of the Province of Ontario. You agree that any cause of action in relation to the Platforms against Solodigitalis must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred. If you downloaded the Apps from the Apple App Store, you further acknowledge that Apple has no responsibility for addressing any claims relating to the Apps or Services or your possession and/or use of the Apps or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Third Party Beneficiaries and Agreements. If you downloaded the Apps from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms and Conditions, and that, upon your acceptance of the Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms and Conditions against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Apps and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Platforms and/or Services.
Availability and New Versions of the Apps. Solodigitalis may, without prior notice, stop providing the Apps, features of the Apps, and/or any of the Services, to you or to users generally, or create usage limits for Solodigitalis or any of the Services. The Application, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Apps or Services without notice. Solodigitalis has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Apps or any of the Services. You may have to agree to a renewed version of some or all of the Terms and Conditions in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Apps or Services. You acknowledge that Solodigitalis may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Apps or Services and, accordingly, may modify, update or upgrade the version of the Apps or Services that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
Premium Services. From time to time in its sole discretion, Solodigitalis may provide additional features and/or Services that you pay for (the “ Premium Services ”). Solodigitalis may also offer from time to time in its sole discretion, certain Premium Services for free, whether on a limited basis, for a trial period or otherwise. Unless expressly stated otherwise, references to the Services in the Terms and Conditions include the Premium Services.
Storage of Content. Storage space is inherently limited. Accordingly, you acknowledge and agree that no Application Party is under any obligation to preserve, provide access to or return to you any Content and that Solodigitalis shall have no responsibility for the modification, loss, deletion or destruction of any Content, including any stored Content. You further understand and agree that Solodigitalis may remove certain Content from its storage systems periodically in its discretion without notice to you.
Injunctive Relief. You acknowledge that the obligations made hereunder to the Solodigitalis are of a unique and irreplaceable nature, the loss of which shall irreparably harm Solodigitalis and which cannot be replaced by monetary damages alone so that Solodigitalis shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
Severability. If any portion of these Terms of Service is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Entire Agreement. These Terms of Service, together with the Privacy Policy and any other legal notices published by Solodigitalis on the Platforms, shall constitute the entire agreement between you and Solodigitalis with respect to the Platforms. You acknowledge that any other agreements between you and Solodigitalis with respect to the Platforms are superseded and of no force or effect.
Amendments. Solodigitalis reserves the right to amend any of the Terms and Conditions at any time by publishing the revised Terms of Service, Privacy Policy, and/or Copyright Terms on the Website or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised terms shall become effective following the applicable notice period, unless you expressly accept the revised Terms and Conditions earlier by clicking on the accept button. Your express acceptance or continued use of the Apps or Services after the applicable notice period shall constitute your acceptance to be bound by the revised Terms and Conditions.
Feedback. You acknowledge and agree that any comments, suggestions, or feedback relating to the Apps or any of the Services (the “ Feedback “) submitted to the Apps are gratuitous, unsolicited and without restriction, and shall become the property of Solodigitalis. Solodigitalis will have exclusive ownership of all rights to the Feedback. The Application will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. The Application will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Apps or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
Waiver. No delay or omission to exercise any right or remedy accruing to Solodigitalis upon any breach or default by you shall constitute a waiver by Solodigitalis of any breach or default.
Notice. All demands, notices, communications and reports required under these terms and conditions of use directed to Solodigitalis shall be in writing and shall be either sent by email or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to Solodigitalis at the following address:
Solodigitalis Inc.
77 St Clair Ave, Hamilton, ON L8M 2N6
Email: hello@solodigitalis.com
Any notice hereunder to the User shall be at the most recent email address that has been provided by the User to Solodigitalis
Headings. All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Terms of Service.
Legal Effect. You confirm, acknowledge and agree with Solodigitalis that:
You have had the opportunity to consult with and obtain legal advice concerning this Agreement;
You have had the opportunity to print and read the Agreement and the content herein;
You are fully aware of the Agreement’s legal effect, and have entered into this Agreement freely based on your own judgment and not on any provisions or representations other than those contained herein.
Termination
Termination by You. You may terminate your use of the Services at any time by uninstalling and deleting all Solodigitalis platforms from all of your Devices. If you have subscribed to any Premium Services, you agree that you are solely responsible for directly terminating all payment obligations you may have with any Application Store and/or payment processing service in connection with the Premium Services.
Termination by Solodigitalis. Without limiting any other remedies, Solodigitalis may modify, limit, suspend, discontinue or terminate any of the Terms and Conditions and/or your use of all or any part of Apps and/or Services (including without limitation any Premium Services), with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation if Solodigitalis believes that you are (i) in breach of any of the terms of any of the Terms and Conditions, (ii) creating problems or legal liabilities (actual or potential), (iii) delinquent with respect to any charges due for a Premium Service, (iv) infringing a third party’s intellectual property rights, or (v) engaging in fraudulent, immoral or illegal activities. You agree that Solodigitalis is under no obligation to provide the Services, including without limitation any Premium Services, and that no Application Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Platforms and/or any of the Services.
[Signature Page/Click acceptance to follow]
SCHEDULE “A”
PAYMENT TERMS
Payments for Premium Services: Premium Services may be offered on a subscription basis with or without a free trial period, per usage basis or as otherwise described at the time of your purchase, and may be payable in advance, in arrears, per usage, or as otherwise described at the time of your purchase. If you purchase any Premium Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Solodigitalis or the online application store from which you downloaded the Apps (the “ Application Store ”). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing service and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Services is terminated. You agree that if you purchase Premium Services through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of service or other legal agreement that governs your use of a given payment processing service and/or method, and in no event will Solodigitalis have any responsibility in connection with any of the foregoing.
Refunds: Unless otherwise prohibited by applicable law, all purchases for Premium Services are final and non-refundable. If you believe that Solodigitalis has charged you in error, you may request a refund for any Premium Service purchased from an Application Store if permitted by, and pursuant to the refund rules of, the Application Store.
TRIAL SUBSCRIPTIONS: You may be offered a subscription with a free trial period at the start of the first subscription period. Such subscriptions are active subscriptions governed by the same terms as subscriptions without trials. By starting such a subscription you agree to be automatically charged the first payment amount as noted during the checkout process, unless you cancel at least 24 hours before the end of the trial period.
Subscription Cancellation: You may cancel an active subscription, including an active subscription in its trial period, at any time. Cancellations received at least 24 hours before the next billing date will prevent the next subscription payment from being processed; cancellations received after this time may be applied to the following billing period instead of the current one. To cancel your subscription you must use the website functionality directly: sending an email, support request, chat, or any form of communication does not constitute cancelling your subscription.
METHOD OF PAYMENT: Payments must be made within the Website or the App. No payments made outside the Website or App will be accepted. If in an App, the payment method is defined by your settings in the Application Store. If on a Website, the payment method is defined by your choices on the Website.
Payment Disputes: Any payment dispute made through your payment provider after a payment has been processed is considered a breach of this contract, and may result in immediate termination of your account including loss of access and deletion of all data stored for the associated user(s) on the platform, including photos/videos, customer data, event data, and so on.
LATE PAYMENT TERMS: If a payment for a subscription fails to process, the payment will be retried multiple times for up to a week beyond the initial payment processing date. If the payment is not successfully processed by the end of this week, the subscription will be automatically cancelled. If your subscription is cancelled you may lose access to the platform, which could result in the deletion of all data stored for the associated user(s) on the platform, including photos/videos, customer data, event data, and so on.