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Last Updated: November 25, 2024
Welcome to Sidub Inc. ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of our website, software, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific Services, including our Proprietary Software License Agreement ("PSLA"). If you do not agree to these Terms, please do not use our Services.
By using our Services, you represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms.
To access certain features, you may need to register for an account. You agree to:
a. Fees and Charges: You agree to pay all fees and charges associated with the Services as outlined during the purchase process. All payments are due immediately unless otherwise specified.
b. Payment Methods: We accept payment via major credit cards, debit cards, and other payment methods as may be made available to you from time to time. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.
c. Billing: You authorize us to charge your designated payment method for the total amount of your purchase, including any applicable taxes and fees.
d. Taxes: All fees are exclusive of applicable taxes. You are responsible for any taxes, duties, or other governmental assessments associated with your purchase.
e. Refund Policy: All sales are final unless otherwise specified in a separate refund policy or as required by applicable law.
You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations. You agree not to:
You agree not to use the Services to:
All content and materials available on the Services, including but not limited to text, graphics, logos, and software, are the property of Sidub Inc. or its licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal or internal business purposes in accordance with these Terms and the applicable license agreements.
Certain software provided by Sidub Inc. is licensed under the terms of our Proprietary Software License Agreement ("PSLA"). By downloading, installing, or using such software, you agree to comply with the PSLA. In the event of a conflict between these Terms and the PSLA, the PSLA shall govern with respect to the software.
a. License Grant: By submitting any content ("User Content") to the Services, you grant Sidub Inc. a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute such content as necessary to provide the Services.
b. Responsibility: You are solely responsible for your User Content. You represent and warrant that you have all necessary rights to grant the above license and that your content does not violate any laws or infringe any third-party rights.
Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, and disclose your personal information and your rights regarding that information.
We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
Our Services may contain links to third-party websites or services that are not owned or controlled by Sidub Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You access any third-party websites or services at your own risk.
a. Termination by Us: We reserve the right to suspend or terminate your access to the Services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
b. Termination by You: You may terminate your account at any time by contacting us at inquiries@sidub.net. Upon termination, your right to use the Services will immediately cease.
To the fullest extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties or conditions of any kind, either express or implied. We do not warrant that:
To the maximum extent permitted by applicable law, Sidub Inc. and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of the Services. In no event shall the total liability of Sidub Inc. for all claims related to the Services exceed the greater of (a) the total amount you paid to Sidub Inc. in the twelve (12) months preceding the event giving rise to the liability, or (b) fifty Canadian dollars (CAD $50).
a. Indemnification by You: You agree to indemnify, defend, and hold harmless Sidub Inc., its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
b. Intellectual Property Indemnification: You agree to defend, indemnify, and hold harmless Sidub Inc. from any claims arising out of or related to your development, distribution, or use of software created using our Services that infringes or misappropriates any third-party intellectual property rights.
a. Informal Resolution: Before initiating any legal action, you agree to attempt to resolve the dispute informally by contacting Sidub Inc. at inquiries@sidub.net. We will attempt to resolve the dispute informally within thirty (30) days.
b. Arbitration Agreement: If a dispute cannot be resolved informally, it shall be resolved by binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules. The arbitration shall take place in Ontario, Canada, and shall be conducted in English.
c. Exceptions: Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies in court for matters related to intellectual property or unauthorized access to the Services.
d. No Class Actions: All claims must be brought in the parties' individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Sidub Inc. shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, acts of terrorism, government restrictions, or power outages. In such cases, obligations will be suspended for the duration of the event.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the Province of Ontario for the resolution of any disputes arising out of or relating to these Terms or the Services.
These Terms, along with the Privacy Policy, the Proprietary Software License Agreement, and any additional terms you agree to, constitute the entire agreement between you and Sidub Inc. regarding the Services and supersede all prior agreements, understandings, and communications, whether written or oral. In the event of a conflict between these Terms and any license agreement (e.g., the Proprietary Software License Agreement), the terms of the license agreement shall prevail concerning the specific software or service.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
Failure by Sidub Inc. to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Sidub Inc.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
These Terms are written in English. Any translations are provided for convenience, and the English version shall prevail in case of discrepancies.
The following sections shall survive termination of these Terms: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution and Arbitration, and any other provisions that by their nature should survive termination.
Nothing in these Terms shall be construed to create a joint venture, partnership, or agency relationship between you and Sidub Inc.
If you have any questions about these Terms, please contact us at:
Email: inquiries@sidub.net
Phone: 1-226-666-2111
