Terms of service

August 22, 2019

Thank you for choosing KONNEK™ SaaS!

This is an agreement between you (if signing as an individual or the legal entity you represent) (“you,” or “Subscriber,” which term shall mean the user of the KONNEK™ SaaS Services (as defined herein) and shall include such user’s executors, assigns, administrators and legal representatives) and KONNEK Saas Softwares Inc., a Canadian corporation with a principal address of 101 Bourgeois, St-Mathieu-de-Beloeil, Quebec, Canada J3G 0N1  (“KONNEK”, “us” or “we”) that governs your rights to use the services identified in this Agreement.

You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. If you do not agree to these terms DO NOT SIGN UP and DO NOT USE THE SERVICES.

1 DEFINITIONS

“Party” or “Parties” shall mean KONNEK or Subscriber or both, based on the context.

  1. “Agreement”, “Terms”, “hereto”, “herein”, “hereby”, “hereunder” and similar expressions refer to these Terms of Service and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
  2. “Content” shall mean documents, videos, photos, images, audio, contact information, product, service or site information, notes, URLs, logos, branding, marks and other files, information and content.
  3. “Subscription Plan” shall mean the then-existing subscription plans for use of the KONNEK Services as selected by the Subscriber.
  4. “Content” shall mean the content made available by KONNEK or the content created by subscriber using KONNEK services depending on the context.
  5. “Services” shall mean KONNEK software, content, applications and services, including services or software that allow you to upload, download, view or use certain digital content such as, but not limited to, documents, videos, photos, images, audio, contact information, product, service or site information, notes, URLs, logos, branding, marks and other files, information and content.
  6. “Site” shall mean the Website bearing the URLs https://2konnek.com, https:/konnek.io, https://mobile.2konnek.com, https://mobileoz.2konnek.com, and/or any other Websites owned and/or operated by us related to the Services.
2 SCOPE OF AGREEMENT, ACCEPTANCE AND AMENDMENT
2.1. AGREEMENT TO BE BOUND

The following Agreement, together with the relevant information set out on the Website and within the Services, including any features and services available are subject to the Terms of Service set forth below. Please read them carefully, as any use of the Services constitutes an agreement, to be bound thereby by the Subscriber.

This Agreement is also subject to the Privacy Policy

2.2.         AGE

By using the Services, you represent that you have reached the age of “majority” where you live and agree to be bound by this Agreement or you are the parent or legal guardian of a minor that has an account associated with yours and you are accepting this Agreement on their behalf. A KONNEK account is necessary to use the Services. You may need to accept other terms of services and provide additional information in order to use your KONNEK Account (as defined herein).

2.3.         ELECTRONIC CONTRACTING

Your use of the Services under this Agreement includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH SUBSCRIPTIONS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND ANY OTHER APPLICATIONS. You shall be solely responsible to have necessary hardware and software that is required to retain electronic records that you may require. KONNEK shall not be held responsible for any typographical errors.

2.4.         AMENDMENT TO TERMS OF SERVICE

From time to time, KONNEK may change or amend these Terms of Service. KONNEK will notify you of such amendment, either through the user interface, in an email notification, or through other reasonable means. Your use of the Services, after the change becomes effective, will be your consent to the changed Agreement. If you do not agree to the changes, you must stop using the Services and cancel any paid Services by following the instructions in Section 6 hereof or your consent shall be deemed granted.

2.5.         ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available via the Services is not accurate, complete or current. This may include statements and claims regarding our competitors and level of our services. You acknowledge that the Services are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Services is at your own risk.

2.6.         ERRORS IN THE SERVICES

We do not warrant that any errors in the Services will be corrected.

2.7.         MODIFICATIONS AND CHANGES TO THE SERVICES

We may modify, add to, suspend, or delete any aspect of the Services offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.8.         ACCESS TO SERVICES

Though we try to make the Services available twenty-four (24) hours a day, seven (7) days a week, except for planned downtime for maintenance, we do not warrant that the Services will be at all times available.

We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Services.

2.9.         RIGHT OF REFUSAL, LIMITATION, DISCONTINUATION AND TERMINATION

We reserve the right to refuse providing access to the Services for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel an Account for any reason whatsoever, including but not limited to a breach or violation by the Subscriber of any of the terms or provisions of this Agreement or any published KONNEK policy or procedure; a discredit of KONNEK by a Subscriber; misrepresentation of KONNEK by making claims contrary to KONNEK literature; ethical or legal violations that may cause KONNEK to suffer damages; or any other reason whatsoever, in the sole discretion of KONNEK.

In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. In the event we terminate your Account, you shall no longer be eligible to be a KONNEK Subscriber at any time in the future, unless permission is granted to you, in writing, by us, in our sole and exclusive discretion.

In addition, although the Services are intended to be accessible worldwide, the Services may not be available to all persons in all geographic locations or jurisdictions. KONNEK reserves the right to limit the availability of the Services to any person, geographic area or jurisdiction it so desires, in its sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made via the Services is void where prohibited by law.

2.10.     PROHIBITED USES OF THE SERVICES

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Services: (a) for any unlawful purpose; (b) to solicit third parties to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Services; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services. We reserve the right to terminate your use of the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

3     GOOD CONTRACTING PRACTICES

In addition to those restrictions set forth in Section 2.10 and elsewhere in this Agreement, you must not use the Services provided by KONNEK for any of the following:

a)      Use the Services to harm, threaten, or harass another person, organization, etc;

b)      Damage, disable, overburden, or impair the Services or any network or authorized device connected to the Services;

c)      Assign, resell, or redistribute any part of the Services or access to the Services, including the sale or purchase of an Account, unless authorized by KONNEK;

d)      Fail to provide accurate and correct information at the time of registration or when signing up for a new Account;

e)      Share your account username and password or otherwise authorize a third-party to access or use the Services on your behalf without prior approval from KONNEK;

f)        Enable or use any unauthorized third-party applications to access the Services unless the same has been authorized or otherwise provided by KONNEK;

g)      Use the Services or any content on the Services for commercial purposes unless authorized by KONNEK;

h)      Use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;

i)         Use any automated process or service (such as a bot, a spider, or periodic caching of information stored by KONNEK) to access or use the Services, or to copy or scrape or erase data from the Services;

j)         Obtain or try to obtain any data from the Services or related hardware, except the data that KONNEK intend to make available to you; or use the Services or related hardware to design, develop, or update unauthorized software or software application;

k)      Use unauthorized software or hardware to access the Services or modify an authorized device in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads). You agree that we have the right to send data, applications or other content to any software or hardware that you are using to access the Services for the purpose of detecting an unauthorized modification and/or disabling the modified device; or

l)        Except to the extent expressly permitted by applicable law notwithstanding this prohibition attempt to disassemble, decompile, create derivative works of, reverse engineer, modify, further sublicense, distribute, or use for other purposes the Services, application, or other content available or accessible through the Services, or any hardware associated with the Services or with an authorized device. If you do, KONNEK may cancel your account and your ability to access the Services, and pursue other legal remedies. KONNEK may take any legal action that deem appropriate against users who violate our systems, network security, this Agreement, any additional terms incorporated or referenced in it. Such users may also incur criminal or civil liability.

4 YOUR ACCOUNT, CONTENT, SUBSCRIPTIONS AND LICENSE
4.1.          ACCOUNT REGISTRATION

As a registered user of KONNEK’s Service, you may establish an account (an “Account”). Don’t reveal your Account information to any third party. You shall be solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and agree to immediately notify KONNEK of any security breach of your Account. KONNEK shall not be responsible for any losses arising out of the unauthorized use of your Account.

You agree to provide accurate and complete information when you register and use the Service. You agree to update your registration data to keep it accurate and complete. You agree that KONNEK may store and use the registration data you provide for use in maintaining and billing fees to your Account and as otherwise may be set forth in our Privacy Policy

Should KONNEK suspect that such registration data information is untrue, inaccurate, not current or incomplete, KONNEK reserves the right to suspend or terminate your use of the Services.

4.2.         RIGHT TO MONITOR

We shall have the right (but not the obligation) to monitor your Account and all activity related thereto in our sole and exclusive discretion. We may remove or disable your content that KONNEK, in good faith determines to be illegal, harmful, offensive, creating liability for KONNEK or its service providers, or otherwise in violation of this agreement or KONNEK’s acceptable use or operating policies or those of any of KONNEK’s third-party service provider.

 

4.3.         CONTENT & SUBMISSIONS

Should you submit, display, publish or otherwise post any content to the Services produced using the Services (“Submissions,”) you represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

4.4.         SUBSCRIPTION PLANS

KONNEK provides Free Guest Accounts and Paid Accounts. The terms of each Subscription Plan are as mentioned below and as may be further set forth on the Site, subject to change in our sole and exclusive discretion:

4.4.1.      Free Guest Accounts

Free Guest Accounts (Viewer Accounts) may be offered to your customers or partners when you register for a Paid Account with KONNEK. Notwithstanding anything in this Agreement and to the contrary Free Guest Accounts carry the following restrictions:

      • Cannot be given to your own employees;
      • Email address required to register a Guest Account cannot be the same as your company’s email domain name;
      • Cannot be assigned to generic email addresses (e.g. info@, sales@, services@, etc…);
      • Can only view the content (i.e. cannot upload, delete or edit content);
      • Require valid and verifiable credentials (i.e. firstname, lastname and guest email address);
      • KONNEK has no obligatory duty to provide any further Services to Guest Accounts
4.4.2.      Paid Accounts

Paid Subscription Plans, or Paid Accounts, are offered to you upon the payment of prescribed subscription fees as are set forth on the Site or Proposal provided by KONNEK to you and at the time of sale for the same. For the duration of your Paid Subscription Plan, you shall be entitled to KONNEK’s Services during the subscription term, which shall include:

      • You may use KONNEK Services for personal, commercial or internal business use based on your selected Paid Subscription Plan;
      • You may give unlimited free Guest Accounts to customers and partners;
      • You may generate up to 10,000 unique encrypted QR Codes per year and assign them to products, equipment or sites;
      • You may upload, delete and modify content contained in equipment, products or site webpages generated by KONNEK based on your Account access rights (i.e. role);
      • Premium features such as, but not limited to, remote monitoring, equipment data acquisition, equipment data visualization and equipment data analysis are priced separately and depend on the nature of the data and the equipment.
      • KONNEK has no obligatory duty to provide any services under this subscription.
5 PAYMENT, TAXES AND REFUND POLICY
5.1.          PAYMENT AND TAXES

5.1.1.       Subscription Fees

You agree that you will pay for Subscription Plan chosen by you for use of the KONNEK Services. KONNEK may charge your payment method for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING KONNEK WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

All fees are payable in advance. All fees are non-refundable in US Dollars and shall be billed to your address or where applicable your business, company or organization address as provided by you upon Account registration.

Your total price will include the price of the Subscription Plan plus any applicable taxes; such taxes are based on the bill-to address and the tax rate in effect at the time of purchasing the Subscription Plan.

5.1.2.      Renewal Fees

Your Subscription Plan will renew automatically, unless KONNEK terminates it or you terminate this Agreement pursuant to Section 5. You must cancel your Subscription Plan before it renews in order to avoid billing of subscription fees for the renewal term.

5.1.3.      Termination Services

If you fail to timely pay the applicable fees, KONNEK may suspend or terminate your access to the KONNEK Services. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, KONNEK may suspend or terminate your access to the KONNEK Services and delete your content.

5.1.4.      Late Payment

Any amounts not paid when due are subject to an interest charge at a rate of 5% or the maximum rate permitted by law, whichever is less.

5.1.5.      Hold Harmless

You are responsible for, and will indemnify and hold KONNEK harmless from, payment of all taxes (other than taxes based on KONNEK’s net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to KONNEK under this Agreement or the delivery or license of the KONNEK Services or use of the KONNEK Services or provision of any related services. You will make all payments to KONNEK free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to KONNEK will be your sole responsibility, and you agree to provide KONNEK with official receipts issued by the appropriate taxing authority, or such other evidence as KONNEK may reasonably request, to establish that such taxes have been paid.

5.2.         REFUND
  1. If the service becomes unavailable at anytime because of technical problems or there is unreasonable delay in providing access to service, your exclusive and sole remedy is the pro-rated refund based on the remaining period of your current subscription plan, without any interest.
  2. There shall be no refund for partial months of service, upgrade or unused months.
  3. Prices for all the services offered by KONNEK may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
6     TERM AND TERMINATION
6.1.          TERM

This Agreement begins and binds upon you on the day you successfully register with KONNEK and continue till the end of the subscription term, depending upon the Subscription Plan you choose.

6.2.         RENEWAL

You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term.

6.3.         TERMINATION

KONNEK may terminate this Agreement at any time if you breach any of the terms and conditions set out in this Agreement without giving prior notice or at any other time in its sole and exclusive discretion as set forth in this Agreement.

6.4.         EFFECT OF TERMINATION

In the event of termination or expiration of this Agreement, you must immediately cease all use of the KONNEK Services. Additionally, KONNEK may, at its option, block your access to the Services and/or delete your content from its Services. The definitions, rights, duties and obligations of all parties to this agreement, will continue and shall survive any termination or expiration of this Agreement.

6.5.         CANCELLATION BY USER

Should you wish to terminate this Agreement, you must email your notice of termination to the email address: sales@2konnek.com. In the event of your termination pursuant to this Section,

  1. this Agreement will terminate at the end of then-current term;
  2. you must continue to pay all fees that come due during the remainder of this Agreement.
7     INTELLECTUAL PROPERTY
7.1.         INTELLECTUAL PROPERTY RIGHTS NOT WAIVED

You agree that the KONNEK Services, including but not limited to KONNEK products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the KONNEK Services, contains proprietary information and material that is owned by KONNEK and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the KONNEK Services in compliance with this Agreement. No portion of the KONNEK Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the KONNEK Services in any manner, and you shall not exploit the KONNEK Services in any unauthorized way whatsoever, including, but not limited to, by trespass.

You may make a single print copy of any KONNEK text, photographs, images, illustrations, video clips, audio clips, and graphics, provided by us on the Site and/or via the KONNEK Services for personal, non-commercial use only, provide that you neither remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from such materials. You may not archive or retain any of the foregoing materials accessed on the Site or via the KONNEK Services without our express written permission. All requests for archiving, republication or retention of any part of the foregoing materials must be in writing to us and must clearly state the purpose and manner in which the foregoing materials will be used. Requests for permission to archive, retain, or republish any part of the foregoing materials may be submitted via email to sales@2konnek.com.

Notwithstanding any other provision of this Agreement, KONNEK and its licensors reserve the right to change, suspend, remove, or disable access to any KONNEK products, content, or other materials comprising a part of the KONNEK Services at any time without notice. In no event will KONNEK be liable for making these changes. KONNEK may also impose limits on the use of or access to certain features or portions of the KONNEK Services, in any case and without notice or liability.

All copyrights in and to the KONNEK Services (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by KONNEK and/or its licensors, who reserve all their rights in law and equity. THE USE OF KONNEK SERVICES, EXCEPT FOR USE OF THE KONNEK SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT.

KONNEK, KONNEK’s logo, and other KONNEK trademarks, service marks, graphics, and logos used in connection with the KONNEK Services are trademarks of KONNEK Inc. in Canada and other countries. Other trademarks, service marks, graphics, and logos used in connection with the KONNEK Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

You agree that you will not use KONNEK Services in any manner that would infringe or violate this Agreement or the rights of any other party, and that KONNEK is not in any way responsible for any such use by you.

7.2.         FEEDBACK

You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes, without limitation, the right for us or any third party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the content for that user’s personal use.

Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the like relating to KONNEK or its initiatives, (your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently-developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by third parties, or independently-developed or considered by us, shall be without obligation to you.

8     CONFIDENTIALITY

You hereby acknowledge and agree that all information, written and oral, concerning KONNEK Services furnished from time to time to you is provided on a confidential basis. You further acknowledge and agree that you will not disclose such information, other than where such disclosure is required by law or where such information is already available to the public other than as a result of disclosure by KONNEK, to anyone other than KONNEK’s officers, directors, employees, legal counsel, accountants, or authorized agents or advisors, who will agree in writing to be bound by the provisions of this Section.

Please see our Privacy Policy for detail on what confidential information we collect from our users, how we use such information, and with whom we share it.

9     Third-Party Advertisements, Promotions, and Links
9.1.         Third Party Advertisements and Promotions

We may, from time to time, run advertisements and promotions from third parties on the Site or via the KONNEK Services. Your dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site or via the KONNEK Services.

9.2.         Use of Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools by you, as offered through the Site or via the KONNEK Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the Site or via the KONNEK Services, including but not limited to the release of new tools. Such new features and/or services shall also be subject to these Terms, unless otherwise, these features come with their Terms of Service and/or Privacy Policy.

9.3.         Third-Party Links

Certain content, products and services available via our Site or the KONNEK Services may include materials from third parties.

Third-party links on the KONNEK Services may direct you to third-party Websites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites and/or services, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party with whom you connect via the services. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10     DISCLAIMER OF WARRANTIES, LIABILITY LIMITATION
10.1.         KONNEK DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE KONNEK SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME KONNEK MAY REMOVE THE KONNEK SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE KONNEK SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
10.2.         YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE KONNEK SERVICES IS AT YOUR SOLE RISK. THE KONNEK SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE KONNEK SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY KONNEK) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
10.3.         WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY UTILIZING THE KONNEK SERVICES OR SITE YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE KONNEK SERVICES OR THE SITE.
10.4.         IN NO CASE SHALL KONNEK, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE KONNEK SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE KONNEK SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE KONNEK SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KONNEK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10.5.         KONNEK SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE KONNEK SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND KONNEK HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.6.        KONNEK DOES NOT REPRESENT OR GUARANTEE THAT THE KONNEK SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND KONNEK DISCLAIMS ANY LIABILITY RELATING THERETO. SOME PRODUCTS AND/OR SERVICES MAY BE DOWNLOADED ONLY ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN CONTENT.

The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.

11     WAIVER AND INDEMNITY

By using the KONNEK Services, you agree, to the extent permitted by law, to indemnify and hold KONNEK, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of or related to your breach of this Agreement, your use of the KONNEK Services, your use of third-party services, products, links, advertisements, and/or tools, your violations of any third-party rights, including third-party intellectual property rights, the unauthorized use of the KONNEK Services by any other person using your information, your interaction with other users, and or any action taken by KONNEK as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. This means that you cannot sue or recover any damages from KONNEK, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the KONNEK service, or to take any other action during the investigation of a suspected violation or as a result of KONNEK’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.

12     MISCELLANEOUS
12.1.         GOVERNMENT RESTRICTIONS

You may not export or re-export any of your content, and KONNEK services except in compliance with the laws of Canada. The foregoing and all accompanying documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively. Any use, modification, reproduction, release, performing, displaying, or disclosing of the foregoing by the Government Canada is governed solely by the terms of this Agreement.

12.2.         ASSIGNMENT

Without prior consent of KONNEK you may not transfer or assign your rights granted under this Agreement, in whole or in part, except in connection with a merger, acquisition or sale of all or substantial assets to which this agreement relates. You agree to inform KONNEK of other party involved in any Merger or Acquisition. KONNEK may freely transfer or assign its rights under this agreement.

12.3.         JURISDICTION/DISPUTES

This Agreement shall be governed in accordance with the laws of Canada. All disputes under this Agreement shall be resolved by litigation in the courts of the Province of Quebec, Canada, including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

12.4.         ARBITRATION

Any and all claims and disputes arising under or relating to this Agreement and/or the KONNEK Services are to be settled by binding arbitration in the province of Quebec, Canada. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the Canadian Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the software services industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. No claims and disputes arising under or relating to this provision may be brought by a user more than one (1) year after the event giving rise to the cause of action has occurred or should diligently been discovered. Notwithstanding the foregoing, the parties shall be free to bring a request for injunctive relief before a court of competent jurisdiction in the event of immediate and irreparable harm.

12.5.         SUCCESSORS

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

12.6.        WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

12.7.         SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

12.8.        INTEGRATION

This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

12.9.        FORCE MAJEURE

We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of God or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond the control of us, including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.

12.10.    AFFILIATE DISCLOSURE

We may have an affiliate relationship with third-parties and affiliates to whose products and/or services we link and promote through the Site and/or the KONNEK Services. Because of this relationship, we may earn a commission on products purchased by a user from a third-party affiliate.

12.11.     AUTHORITY

Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its Terms.

12.12.     RIGHTS OF THIRD PARTIES

These Terms do not give any right to any third party unless explicitly stated herein.

12.13.     RELATIONSHIP OF THE PARTIES

The parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither party has authority to enter into Terms of any kind in the name of the other party.

12.14.     NOTICES

Except as explicitly stated otherwise, any notices shall be given by postal mail to KONNEK SaaS Softwares Inc., 101 Bourgeois, St-Mathieu-de-Beloeil, Quebec, Canada J3G 0N1  and in the case of any user, to the email address you provide to us (either during the registration process or when your email address changes). Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us upon Account registration. In such case, notice shall be deemed given three (3) calendar days after the date of mailing.