The following definitions apply to these Terms:
- “ESC” refers to Easy Startup Canada.
- The “Service” refers to all advertising, software, mobile apps, websites and related services provided to You by ESC.
- “Business Management System” refers to ESC’s set of software applications that allow Users to manage their clients, activities, telephone calls, emails and other related information for individuals within the User’s organization. The Business Management System is one aspect of the Service provided by ESC under these terms.
- The “Promotional Offer” refers to a limited time offer that allows User to use an aspect of the Service with waived or lowered fee.
- “You,” “Your,” or “User” refers to anyone accessing or subject to the Service, including user of the Business Management System.
2. License for Use of the Service; Identity Authentication
The Service is licensed for use only under these Terms. ESC reserves all rights not expressly granted to You, including title and exclusive ownership of the Service, any and all software or updates thereto and source code for the Service.
Upon registering for the Service, ESC gives You the right to install the Service for use by the total number of Users You identify and authorize. The Service may not be used or accessed by (a) individuals who are not named individuals; or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by You by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of users who are using the Service, such as by using a terminal service. The Service may not be used or accessed by any other software or hardware device that does not require an individual to use or access it. ESC reserves the right at any time to require You to provide a list of the named individual(s).
You may not rent, lease, lend, sell, redistribute or sublease the Service. These Terms will govern any upgrades provided by ESC that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.
3. Installation, Customization, and Updates
Installation of the Service and any required modification of the Service to accommodate Your computer system must be performed by You. All updates, upgrades, enhancements and modifications to the Service MUST be performed by ESC. Such updates include any changes or improvements to the Service, whether arising out of the Service’s particular configuration for Your use or otherwise. At all times while these Terms are in effect, You shall provide ESC with access to Your computer system so that ESC may install all updates. Failure to allow ESC to install updates or to compensate ESC for the installation of updates automatically terminates all warranties for any purpose related to the Service as well as Your license to use the Service.
4. Term and Fees
Provided prior notice of pricing is given to You, ESC reserves the right to charge You for use of the Service on a periodic (e.g., weekly or monthly) basis or otherwise. These Terms shall begin upon Your registration for the Services and shall continue until Your use of the Service is terminated by you or by ESC. You are responsible for all fees due to ESC prior to the termination date.
Upon the termination of these Terms, the Service and all updates may cease to properly function and all warranties, express or implied, regarding the Service shall terminate. Your rights under these terms will automatically terminate without notice from the ESC if You fail to comply with any provision of these Terms. Further, ESC may terminate the Service for any action taken by You that ESC believes in its sole discretion is an inappropriate use of the Service even if not specifically detailed by these Terms, including, any use of the Service that is prohibited by federal, provincial, or local law. Any warranty regarding the Service will automatically terminate without notice if You fail to comply with any provision of these Terms. The parties expressly acknowledge and agree that all provisions of these Terms that concern Copyright or other protectable interests of ESC shall remain in full force and effect notwithstanding termination of any warranty or use of the Service.
6. Proprietary Nature of the Service
The Service is proprietary to, and a valuable trade secret of ESC. You acknowledge the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, trademark, and service marks, and that You will only use such proprietary content, information, or materials for permitted uses under these Terms. The Service is entrusted to You only for the purposes set forth in these Terms. You will not reverse engineer, duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided therewith. The parties acknowledge that any violation of this provision will cause irreparable harm to ESC. As a consequence, the parties agree that if You fail to abide by these Terms, ESC will be entitled to specific performance, including immediate issuance of a temporary restraining order or preliminary injunction enforcing these Terms, and to judgment for damages caused by such breach, and to any other remedies provided by law.
7. Consent to Use of Data
8. User Content
You agree that all information, data, text, sound, photographs, graphics, video, software, or other materials submitted, posted or displayed by You on or through the Service (“User Content”) is your sole responsibility. ESC claims no ownership or control over any User Content. By submitting, posting or displaying User Content on or through the Service, you grant ESC a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, and adapt, such User Content to provide the Service to You. By submitting, posting or displaying User Content which is intended to be shared or made available to the general public, you grant ESC a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Service and for the purpose of promoting ESC and its services.
As a condition of using the Service, You agree not to use the Service to infringe the intellectual property rights of others in any way. You represent that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of the Service, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed in the Service retains any and all rights that may exist in such User Content.
ESC may review and refuse to accept or remove any User Content in its sole discretion. ESC reserves the right to expel Users and prevent their further access to the Services for violating these terms or applicable laws, rules or regulations. ESC may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for ESC, damage ESC’s public image or business. It is ESC’s policy to terminate the accounts of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others.
Any profile You submit must accurately describe You, as an individual person, or an agency or organization that you are authorized to create a profile for. Profiles derived from User Content may be made available through the Service. ESC does not make any representations regarding the accuracy or validity of such derived profiles, which may differ significantly from User Content.
9. Identification Of Agent To Receive Notification Of Claimed Copyright or Trademark Infringement
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to the Service and is accessible in a way that constitutes copyright or trademark infringement, please contact ESC by email at firstname.lastname@example.org or by regular mail at:
Easy Startup Canada
Attn: Copyright Legal
908-50 Disera Dr.
Thornhill, ON, L4J9E9
10. Disclaimer of Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. ESC CANNOT AND DOES NOT WARRANT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AS SUCH, YOU SHALL NOT RELY EXCLUSIVELY ON THE SERVICE FOR ANY REASON. THE SERVICE AND ANYTHING RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ESC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANYTHING RELATED THERETO, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ESC OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
11. Limitation of Liability
ESC SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY THIRD PARTIES CAUSED BY THE SERVICE OR INFORMATION CONTAINED IN THE SERVICE. YOU WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ESC ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THE SERVICE. YOU SPECIFICALLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST ESC AS A RESULT OF INCORRECT INFORMATION CONTENT DISPLAYED BY THE SERVICE OR CHANGES TO CONTENT MADE BY YOU. ESC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SERVICE OR ANY PERFORMANCE OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, EVEN IF ESC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ESC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO ESC FOR THE SERVICE IN THE 365 DAYS IMMEDIATELY PRECEDING THE DATE THAT ESC RECEIVES NOTICE OF A CLAIM IN WRITING FROM YOU. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
12. No Rights Granted; Non-Assignability
These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or ESC’s trade secrets to You. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than ESC. These Terms are exclusive and personal to You. You shall not assign or otherwise transfer any rights or obligations under these Terms.
13. Miscellaneous Provisions
- Choice of Law. Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all of the rights of the parties under these Terms shall be governed by, construed under, and enforced in accordance with the procedural and substantive law of the Province of Ontario, Canada, to the exclusion of any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of these Terms to the substantive law of another jurisdiction.
- Jurisdiction. You consent to personal jurisdiction in any of the courts sitting in Greater Toronto Area and York Region, Ontario, Canada, and agree that any suit arising under these Terms shall exclusively be commenced and maintained in such courts.
- Indemnity. You agree to indemnify and hold ESC and (as applicable) its related entities, affiliates, and ESC’s and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special, and consequential) of every kind and nature, known and unknown, including reasonable attorney fees, made by any third party due to or arising out of Your breach of these Terms or Your violation of any law or the rights of any third party.
- Attorney Fees and Expenses. In a dispute arising out of or related to these Terms, ESC shall have the right to collect reasonable attorney fees and costs and necessary expenditures from You.
- Severability. If a court finds any provision of these Terms invalid or unenforceable, the remainder of these Terms shall be interpreted so as best to effect the intent of the parties.
- Effect of Waiver. The failure to exercise any right provided in these Terms shall not be a waiver of prior or subsequent rights.
14. Suggestions and Feedback
ESC welcomes feedback or inquiries about the Service. If You elect to provide any feedback or comments of any nature to ESC, all feedback and comments shall be the sole and exclusive property of ESC, and ESC shall have the right to use such feedback in any manner and for any purpose in its exclusive discretion without remuneration, compensation, or attribution to you. ESC is under no obligation, however, to use such feedback.
15. Refund Policy
You can cancel your account at any point in time from your organization page, or by sending an email to email@example.com with the subject line, “Cancel”. We would be glad to provide further instructions at that time on how to cancel your account if needed. There will be no refunds given except for specific situations where our support team deems it necessary.
Cancellation fees shall apply, if You provided the consent to use the Service under conditions of a Promotional Offer and the conditions were broken by termination of the Service earlier than the term You agreed on.
16. Legal Notice
ESC may modify these Terms or any additional terms, and such modification shall be effective and binding on You upon notice by ESC via email to the email account provided by You upon registration for the Service. If you do not agree to any modification of these Terms, you should discontinue your use of the Service. This version of the Terms of Service is effective as of 15 Aug 2017.
Communications made through the ESC’s website or any email or contact links provided thereon shall in no way be deemed to constitute legal notice to ESC or any of its officers, employees, agents, or representatives, such as where notice to ESC is required by contract, or any federal, provincial, or local laws, rules, or regulations.
You may provide notice to ESC at:
Easy Startup Canada
17. Minimum Age of Users
All Users of ESC’s Service must be at least 18 years of age and older than the age of legal majority in Your jurisdiction (if it is over 18). By using the Service you promise that you are over 18 years of age and are a competent legal adult in Your jurisdiction.