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These Terms of Service ("Terms" or "Terms of Service") are between you (i.e. the end-user) (“you” or “your”) and TaskBranch Inc. ("us", "we", or "our") and they govern your relationship with and use of the TaskBranch service made available at taskbranch.com (the "Service") operated by TaskBranch Inc. The word “use” in these Terms means “access and use”.
Your use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Please read these Terms of Service carefully before using the Service.
THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CERTAIN EXCLUSIONS AND LIMITATIONS, INCLUDING THE FOLLOWING:
THESE TERMS ARE EFFECTIVE UPON ACCEPTANCE. BY USING THE SERVICE OR BY CLICKING THE APPROPRIATE “SIGN IN”, OR SIMILAR BUTTON, YOU ACKNOWLEDGE READING, UNDERSTANDING AND ACCEPTING THESE TERMS.
IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TERMS, YOU MUST NOT USE ANY OF THE SERVICES AND MUST CEASE ANY USE OF THE SERVICE IMMEDIATELY.
You may not use the Service if you are not of legal age to form a binding contract under the jurisdiction under which you reside or operate.
Subject to these Terms, we may make available to you for your use: (i) the online portion(s) of the Service available to users that do not have an account with us; and (ii) if you have purchased a Subscription or are signed-up for a Free Trial (each as defined below), the online portions of the Service available to Subscription or Free Trial users. We reserve all rights not expressly granted in these Terms.
We have an Acceptable Use Policy regarding use of the Service (“Acceptable Use Policy”). The Acceptable Use Policy can be found here. You agree to abide by and not violate the Acceptable Use Policy. If you breach the Acceptable Use Policy, or any other provision of these Terms, we may take whatever steps we deem necessary to protect the Service, us, our business, our and our supplier’s infrastructure, our our other customers, including, suspending your use of any of the Service and/or terminating your account.
We also reserve the right to deactivate, change and/or require you to change any custom or vanity URLs, custom links, or vanity domains you may obtain through the Service.
You agree that you are solely responsible for compliance with any and all laws, rules, and regulations, including any tax obligations, that may apply to your use of the Service and purchase of Subscriptions.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or TaskBranch cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting the TaskBranch customer support team.
Current Subscription plans and pricing can be found here.
All prices are quoted and are payable in United States Dollars.
If you choose to purchase a Subscription, then you agree to pay the Subscription fees as quoted to you when you purchase such Subscription. Although great care is taken in the production of the Service and description of the Service, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.
All prices are exclusive of any applicable taxes which will be added on top of the quoted price, but itemized separately. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
Should automatic billing fail to occur for any reason, TaskBranch will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
TaskBranch may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by TaskBranch until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, TaskBranch reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
TaskBranch, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
TaskBranch will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Although great care is taken in the production of the Service and description of the Service, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.
Except when required by law, paid Subscription fees are non-refundable.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us with accurate and complete billing information including full name, full billing address, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments. Yyou understand that failure to pay any charges or fees may result in the suspension or cancellation of your Subscriptions.
All payments are currently processed by Stripe, our third-party payment processor. Such processing is governed solely by Stripe’s services agreement, available in Canada at stripe.com/ca/legal, and not these Terms. We have no liability arising from your use of Stripe. You acknowledge and agree that Stripe may apply a fee for processing the payment, which may change without notice from time to time, subject to the terms and conditions set out by Stripe.
If there are chargebacks, then we may charge you for any related fees, collection fees, convenience fees, or other third-party charges.
In connection with your use of the Service, you may have occasion to upload, submit, post, display, transmit, communicate, or otherwise make available to us or the Service certain information, text, graphics, videos, or other material ("Content"), as well as ideas, suggestions, commentary or feedback regarding the Service (collectively, "Feedback"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
None of your Content or Feedback may violate the Acceptable Use Policy, which can be found here.
You are solely responsible for all of your Content AND FOR YOUR USE OF any other content appearing on or in the service. we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content.
You grant us a worldwide, perpetual, irrevocable, transferrable, sublicenseable, royalty-free, non-exclusive right and license to use (including to transmit, process, disclose, reproduce, modify, publish, make available, reproduce, edit, translate, display, perform, and make derivative works of) any of your Content and Feedback, without obligation or restriction of any kind on account of intellectual property rights or otherwise, in connection with: (i) our provision of the Service; (ii) or business; (iii) as otherwise contemplated by these Terms; or (iv) as required by law, rule or regulation or order. You waive any and all of your moral rights in the Feedback and your Content.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right of another or; (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You will maintain and promptly update the information you provide to us.
Where you are an organization or entity that enters into these Terms with us, then we may issue you one organizational/entity administrator Account (“Admin Account”) that provides you with the with the capability to create user accounts (each, a “Personnel User Account”) for your employees, independent contractors or clients that you wish to have access to and use of the Service on your behalf. Such users are referred to as “your Users”.
You will ensure that your Users only use the Service through the applicable Admin Account or Personnel User Account. You will not allow any of your Users to share the Admin Account or Personnel User Account with any other person. You will promptly notify us of any actual or suspected unauthorized use of the the Service. We reserve the right to suspend, deactivate, or replace the Personnel User Account and/or Admin Account if we determine that the account may have been used for an unauthorized purpose.
You are responsible for all use of the Service by your Users, including your Users’ breach of with these Terms.
You are responsible for safeguarding the username and password that you use to access the Service and for any activities or actions under your username or password, whether your username or password is with our Service or a third-party service.
You agree not to disclose your username or password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We may identify you as a customer/subscriber of the Service (using your name and/or logo) and describe the general nature of the relationship and use and receipt of the Service by you, including on our websites and in our promotional materials, press releases, presentations, and proposals to current and prospective customers, business partners and affiliates.
The Service and all Content of us or our licensors, including but not limited to text, images, graphics or code are the property of TaskBranch or its licensors and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of TaskBranch or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
We and our licensors may enforce our or their intellectual property rights to the fullest extent permitted by law, including against you personally.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable laws. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" at email@example.com and include in your notice a detailed description of the alleged infringement.
Please be aware that if you knowingly materially misrepresent that material or activity on the Service is infringing your copyright, you may be held liable for damages (including costs and lawyers' fees) under applicable laws, rules and regulations.
The Service may contain links to third-party web sites or services that are not owned or controlled by TaskBranch.
TaskBranch has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that TaskBranch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
You agree to indemnify, defend and hold harmless TaskBranch, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands that arise from your breach of the these Terms, including but not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; (d) any activity related to your account; and (e) any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE Terms EXCEED THE GREATER OF (i) THE AMOUNT PAID BY you to US PURSUANT TO THESE Terms IN THE 2-month PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (ii) USD$100. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE Terms WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE UNDER THESE Terms FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST SAVINGS, BUSINESS, REVENUE, PROFIT, DATA, CONTENT, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; OR (V) ANY THIRD PARTY SERVICES (E.G. STRIPE).
THIS SECTION APPLIES TO ALL CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FUNDAMENTAL BREACH, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF WE ARE ADVISED IN ADVANCE OF THE DAMAGES OR LOSSES IN QUESTION OR EVEN IF SUCH DAMAGES OR LOSSES WERE FORESEEABLE.
We will not be liable under these Terms because of a failure or delay in performing our obligations hereunder on account of any cause beyond our reasonable control, including Internet availability failures, wireless network failures, cloud service failures, service provider failures, strikes, riots, insurrection, terrorism, fires, natural disasters, acts of God, war, and governmental action.
USE OF THE SERVICE, ANY THIRD PARTY SERVICES (E.G. STRIPE), OR ANY CONTENT IS SOLELY AT YOUR OWN RISK.
WE DO not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of THE SERVICE, ANY THIRD PARTY SERVICES (E.G. STRIPE), OR any Content.
THE SERVICES, ANY THIRD PARTY SERVICES (E.G. STRIPE), AND ANY AND ALL CONTENT ARE MADE AVAILABLE AND PROVIDED "AS IS" AND “AS AVAILABLE”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS IN RESPECT OF THE SERVICE, ANY THIRD PARTY SERVICES (E.G. STRIPE), AND ANY CONTENT, WHETHER STATUTORY, COLLATERAL, IMPLIED, EXPRESS OR ARISING THROUGH A COURSE OF DEALING OR TRADE, INCLUDING ANY WARRANTY OR CONDITION OF AVAILABILITY, ACCESSIBILITY, SECURITY, UNINTERRUPTED USE, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, ACCURACY, TIMELINESS, TRUTHFULNESS, OR CURRENCY, OR THAT ANY OF THE FOREGOING ARE OR WILL BE ERROR-FREE OR VIRUS-FREE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US WILL CREATE ANY REPRESENTATION, GUARANTEE, WARRANTY OR CONDITION.
As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms.
you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario.
you consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms or the Service at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
We may assign or transfer these Terms in whole or in part at any time without your consent. You may not assign these Terms or assign, transfer or delegate your obligations or any of your rights or obligations under these Terms. Any purported assignment or transfer in violation of this provision is void from the outset.
If any provision of these Terms are found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms shall remain in full force and effect. These Terms constitutes the entire understanding, and supersedes all other understandings, between you and us concerning the subject matter hereof. No waiver of a right of a party under these Terms will be effective unless it is in writing and signed by the party waiving its right. A waiver of a right by a party (or failure by a party to enforce a provision of these Terms) will be effective only in the specific instance and for the specific purpose for which it is provided. No waiver will be deemed a waiver of any prior or subsequent default hereunder.
Headings are inserted for convenience of reference only and will not affect the construction or interpretation of these Terms. Where the word “including” or “includes” is used herein, it means “including without limitation” or “includes without limitation”, respectively. The language used in these Terms are the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
NONE OF YOUR CONTENT OR FEEDBACK WILL:
YOU MAY NOT DO, OR ATTEMPT TO DO, ANY OF THE FOLLOWING IN CONNECTION WITH SERVICE:
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