Terms Of Service Statikly

Terms Of Service

Last Updated: June 28, 2021

INTRODUCTION

Thank you for selecting Statikly Software Inc. (“Statikly”, “we”, “us”, “our”). By signing up or otherwise using the Statikly service, websites, and other applications (together, the “Statikly Ecosystem” or “Service”), or accessing any content or material that is made available by Statikly through the Service (the “Content”) you are entering into a binding contract with Statikly Software Inc. entity indicated at the bottom of this document.

Your agreement with us includes these Terms and Conditions of Use (“Terms”), Privacy Policy and Cookies Policy. (The Terms, Privacy Policy, Cookies Policy and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”.) If you wish to review the terms of the Agreements, the effective version of the Agreements can be found on the Statikly website. You acknowledge that you have read and understood the Agreements, you also accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Statikly Service or consume any Content.

All information on this website (together with the underlying source HTML files that implement the hypertext features, this “Site”) or use of any Statikly Software Inc. source code or products may be used solely under the following terms and conditions:

1. General Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website or any of Statikly Software Inc. products, services or source code. The materials contained in this website or in any of Statikly Software Inc. products and services are protected by any applicable copyright and trade mark law.

In order to use the Statikly Service and access the Content, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Statikly is true, accurate, and complete, and you agree to keep it that way at all times.

2. PURPOSE OF Statikly Software Inc. Website

The purpose of this website is to give the visitor a general understanding of what services and technologies Statikly Software Inc. provides and how to best reach Statikly Software Inc.

3. OWNERSHIP, LIABILITY, LICENSE AND RESTRICTIONS ON USE

3.1. As between Statikly Software Inc. and you, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website or in any of Statikly products belongs to Statikly Software Inc., its licensors, or listees. In addition, the names, images, pictures, logos and icons identifying Statikly Software Inc.’s products and services in many countries are proprietary marks of Statikly Software Inc. and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

3.2. You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this website provided solely for your personal, informational, non-commercial purposes, and provided you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this website, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this website be stored in any information storage and retrieval system without prior written permission from Statikly Software Inc.

3.3. You are hereby granted a nonexclusive, nontransferable, limited license to use your Statikly active subscription plan or Statikly active license.

3.4. i. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Statikly Software Inc. reserves all rights, title, and interest in and to the Services and the Site and all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein. ii. Restrictions. Customer shall not (i) permit any third party to access to the Services except as permitted herein or in a Purchase Order, (ii) create derivative works based on the Services, (iii) copy, frame, or mirror any part or content of the Services, other than copying or framing on the Customer’s own intranets or otherwise for the Customer’s own internal business purposes during the subscription term and for the exclusive use of Customer’s Users, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, or (b) copy any features, functions, or graphics of the Services.

3.5. IN NO EVENT SHALL Statikly Software Inc. AGGREGATE OR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL FEES PAID TO Statikly Software Inc. BY CUSTOMER FOR USE OF THE Statikly Software Inc. active subscription PLAN DURING THE PRECEDING ONE-MONTH or 30 Day usage time period.

3.6. Use, duplication, or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)1)(ii) and FAR 52.227-19.

3.7. As between Statikly Software Inc. and you, all source code, right, title and interest (including all copyrights, trademarks and other intellectual property rights) for all Statikly products belongs to Statikly Software Inc.

3.8. Use of Statikly Software Inc’s Services or their source code or any derived, copied or customized source code from any Statikly Software Inc. products without active an subscription plan or explicit license from Statikly Software Inc. will be considered a copyright infringement or copyright violation and will be punishable to maximum possible extent by the law.

3.9. Statikly collaboration software as a service, where the customer (you) are in charge of their own data collection and processing capabilities. Therefore you should ensure that you have proper policies and procedures within your organization or business that are GDPR compliant and compliant with any laws under your regions jurisdiction.

3.10. Statikly SaaS (Software as a Service) plans are automatically billed on a monthly basis using a credit card provided during signup and after any free trial period has elapsed and the plan has not been cancelled explicitly by the customer prior to free trial expiration.

4. LINKING

You may provide links to this website, provided (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this website, (b) you give Statikly Software Inc. notice of such link by sending an e-mail to kyle dot tummonds at statikly dot com, and (c) you discontinue providing links to this website if notified by Statikly Software Inc.

5. DISCLAIMERS

5.1. THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND Statikly Software Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

5.2. Statikly Software Inc. DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

6. LIMITATION OF LIABILITY

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “COVERED PARTY” MEANS Statikly Software Inc., ITS AFFILIATES, ITS LISTEES, AND ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF Statikly Software Inc., ITS AFFILIATES, AND ITS LISTEES.

7. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, as they apply to agreements made and solely performed therein. Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of Canada and/or the provincial courts of British Columbia and jurisdiction therefor shall rest solely in British Columbia, Canada.

8. CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the contact form.

9. DMCA Complaints and Notices

If any User believes that his or her or their company’s copyrighted work has been copied in such a way that constitutes copyright infringement under the Digital Millennium Copyright Act of 1998 (the “DMCA”) or that any User Content infringes upon such User’s intellectual property rights then please notify Statikly Software Inc. at kyle.tummonds@statikly.com. “Infringement” means the unauthorized or not permitted use of copyrighted material or other intellectual property rights. In accordance with the DMCA and other laws that apply, Statikly Software Inc. has adopted a policy of terminating, in appropriate circumstances at Statikly Software Inc.’s sole discretion, repeat infringers.

10. Our Cooperation with Police and Law Enforcement Agencies or Authorities

Statikly Software Inc. or Statikly will cooperate with law enforcement authorities fully as required by the law. We will also cooperate with law enforcement agencies in any investigation of the alleged illegal activity regarding the use of the Statikly Website or Statikly SaaS plans when requested.

11. REFUNDS

Disputes and refunds for all of our subscription plans are evaluated on case by case basis and decisions are made by our support team quickly. Plans can be cancelled or stopped at any time by contacting us via our contact form or by email at kyle.tummonds@statikly.com.

Please note that all requests to negate charges are investigated by our technical department and legal department. If you make a fraudulent claim of unauthorized card usage, we will report this to the credit card services and dispute it with evidence we have on file and also cancel your active account. If you need to cancel or refund a transaction we advise that you contact us first to resolve this quickly and efficiently.

12. ENTIRE AGREEMENT; SEVERABILITY

These Terms and Conditions incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

13. IF YOU DO NOT AGREE

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SERVICE and do not download, install, copy, access and/or use the Statikly Software Inc. source code, software or applications and/or Stop using the Statikly Software Inc. source code, software or applications and destroy any copies of the Statikly Software Inc. source code, software or applications in your possession or control.

COPYRIGHT; PERMITTED USES; RESTRICTIONS ON USE

Unless otherwise stated, all materials, including texts, drawings, images, voice data, and video data, published on the Statikly Software Inc. website (the “Materials”) and the copyrights therein are the property of Statikly Software Inc., and the Materials are protected by the copyright laws and international copyright treaties.

You are not allowed under any circumstances including “fair use” or “fair use doctrine” to use the “Materials” on any website or within any publication without getting prior written permission from Statikly Software Inc. Such use will be considered a copyright infringement or copyright violation and will be punishable to maximum possible extent by the law.

Legal Notice and Disclaimer

The materials in this website have been provided by Statikly Software Inc. for general informational purposes only and are not legal advice. This information is written to permit you to learn more about the services Statikly Software Inc. offers to clients. This information is not intended to create any relationship between Statikly Software Inc. and the recipient. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between sender and receiver. The materials contained herein are general in nature and may not apply to particular factual or legal circumstances. We do not undertake to update any materials in our website to reflect subsequent legal or other developments. Internet subscribers and online readers should not act on this information without seeking professional counsel.

Statikly Software Inc. periodically changes, adds, or updates the materials in this website without notice. Statikly Software Inc. assumes no liability or responsibility for any errors or omissions in the contents of this website. Your use of this website is at your own risk. Under no circumstances shall Statikly Software Inc. or any other party involved in creation, production or delivery of this website be liable to you or any other person for any indirect, special, incidental, or consequential damages of any kind arising from your access to, or use of, this website or Statikly Software Inc.’s services. If you use any links to websites not maintained by Statikly Software Inc., you do so at your own risk. Statikly Software Inc. is not responsible for the contents or availability of any linked sites. These links are provided only as a convenience to the recipient.

Thank you for visiting the Web site of Statikly Software Inc. This Web site was created by Statikly Software Inc. so that you could learn more about the services that we offer. This is for informational purposes only. None of the information at this Web site is intended to constitute, nor does it constitute, legal advice, and none of the information necessarily reflects the opinions of Statikly Software Inc. or its attorneys or clients.

The information is not guaranteed to be correct, complete, or current. We make no warranty, express or implied, about the accuracy or reliability of the information at this Web site or at any other Web site to which this site is linked.

This Web site is not intended to create and does not create an attorney-client relationship between you and Statikly Software Inc. An attorney-client relationship with us cannot be formed by reading the information at this Web site. The only way to become our client is through a mutual agreement in a formal letter. This Web site is not soliciting clients and does not propose any type of transaction. You should not act or rely on any information at this Web site without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.

Any information that you send us in an e-mail message might not be confidential or privileged, and sending us an e-mail message will not make you a client of Statikly Software Inc. If you are interested in having us represent you, you should contact us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility.

We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.

Statikly Software Inc. has tried to comply with all legal and ethical requirements in compiling this Web site. We do not want to represent clients based on their review of any portion of this Web site that does not comply with legal or ethical requirements. This Web site might contain links to other resources on the Internet. Those links are to help you identify and locate other resources on the Internet. The links are not intended to state or imply that Statikly Software Inc. sponsors or is affiliated or associated in any way with the information at those other Web sites.