Terms of Service
These Terms govern your access to and use of Webyze as well as all content and Webyze products and services available at or though these websites (collectively, "Services").
These Terms also govern visitors' access to and use of any websites that use our Services, such as content hosted on Webyze that are operated by our users.
For some of Webyze's other products and services, additional Terms of Service may apply and will be posted on the websites for those products and services.
Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Webyze's Privacy Policy), and procedures that may be published from time to time by Webyze (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
Who's Who
Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
We refer to "Webyze Services" collectively as "Webyze" or "we" throughout these Terms.
Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a Webyze account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry — if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.
Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 16. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 16 years of age or older.
Responsibility of Visitors and Users
We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by users or anyone else ("Content") and are not responsible for any use or effects of such Content. So, for example:
- We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement and DMCA Policy section to submit copyright complaints), or other proprietary rights of third parties.
- If you post Content, comment, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
- We disclaim any responsibility for any harm resulting from anyone's use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content offered for sale through any of our Services are the seller's sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
- We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Webyze or our other Services. For example:
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- We disclaim any responsibility for any harm resulting from non-Webyze websites.
Fees, Payment, and Renewal
Fees for Paid Services
Some of our Services are offered for a fee (collectively, "Paid Services"). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. For recurring fees, we'll bill or charge you for in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For revenue-based fees — such as fees for Recurring Payments for your content's subscriptions — you pay us a percentage of the revenue your content generates. Revenue-based fees are ongoing.
Taxes
To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you've paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment
If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal
To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase a Webyze annual plan, you will be charged each year for the following 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed. You can view your renewal date by visiting your Manage Purchases page. For more information about how Webyze subscriptions work, please refer to our support pages and documentation.
Cancelling Automatic Renewal
You can manage and cancel your Paid Services at the respective Service's site.
Fee Changes
We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you must cancel your Paid Service.
Refunds
While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
General Representation and Warranty
You represent and warrant that your use of our Services will be in strict accordance with these Terms:
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the country in which you reside);
- Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden Webyze's systems, as determined by us in our sole discretion;
- Will not disclose sensitive personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
Webyze
Our service is designed to give you as much control and ownership over your content as possible and encourage you to express yourself freely. You own all content you post. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (like spam, viruses, or serious threats of violence) appear on in your content.
If you find content that you believe violates these Terms, please inform us using our contact page.
License
By submitting Content to Webyze, you grant Webyze a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your content. This license also allows Webyze to make any publicly-posted Content available to third parties selected by Webyze so that these third parties can analyze and distribute the Content through their services.
Prohibited Uses
You may not use Webyze for any unlawful purposes, or in furtherance of illegal activities. We may terminate your access to Webyze or force refunds to your subscribers without notice to you if we determine (in our sole discretion) that your use is in violation of these Terms. In addition to any illegal or unauthorized content, it is prohibited to use Webyze for the following activities or if your organisation is related to the following practices:
- Malicious and deceptive practices
- Harassment, bullying, defamation, threats, self-harm or any hateful content
- Child exploitation
- Pornography
- Illegal Activities
- Intellectual Property infringement
- Spam
Removing Content
If you delete Content, we will use reasonable efforts to remove it from public view on Webyze, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Web Traffic
We may use third party tools, to measure Webyze's audience and usage.
Prohibited Uses
By using Webyze, you represent and warrant that your Content and conduct do not violate the User Guidelines.
Third Party Services
To make the Webyze platform work, we rely on different third-party services for collecting payments, calculating taxes and shipping amongst other things. Be aware that some of your — and your customers' — data may be passed to the respective third party, and the respective third party's terms of service, privacy policy, and other policies may apply.
Attribution
We reserve the right to display attribution text or links in your content, attributing Webyze or the content author, for example. Some of these attributions may not be altered or removed without permission.
Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with an Webyze product or service violates your copyright, please notify us. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Intellectual Property
The Agreement does not transfer from Webyze to you any Webyze or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Webyze. Webyze, Webyze logo, and all other trademarks, service marks, graphics, and logos used in connection with Webyze or our Services, are trademarks or registered trademarks of Webyze or Webyze's licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Webyze or third party trademarks.
Changes
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Webyze, or by the posting by Webyze of a revised version. If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms.
Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Webyze policy or is in any way harmful or objectionable, (iii) ask you to make some adjustments, restrict the resources your content uses, or terminate your Services, if we believe your content's storage or bandwidth usage is out of hand and burdens our systems, or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your Webyze account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our Services are provided "as is." Webyze and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Webyze, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Québec, Canada, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the provincial and federal courts located in Montréal, QC, Canada.
Limitation of Liability
In no event will Webyze, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Webyze shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify and hold harmless Webyze, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any activities conducted through your or another user's account.
Translation
These Terms were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
Miscellaneous
The Agreement constitutes the entire agreement between Webyze and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Webyze may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
