Terms of services
Thank you for selecting the Services offered by Structure.IT Ltd. (“Structure.IT", "we", "our", or "us"). Review these Terms of Service ("Terms") thoroughly. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Services and/or Website (“ www.Structure-IT.ca ”), you agree to these terms. If you do not agree to this Agreement, then you may not use the Services or Website.
1. Your relationship with Structure.IT
We have four different types of users:
- Users of the websites (“Visitors”);
- Users who use the trial version of the services (“Free Users”);
- Users who use the services as part of a paid subscription plan (“Subscription Users”); and,
- Users who have purchased a subscription plan (“Site Administrators”).
A Site Administrator may also be a Subscription User.
We refer to these three types of users collectively as “users” or “you” for purposes of Terms. Regardless of what type of user you are, this Agreement is a legally binding agreement between you and Structure.IT. If you do not agree to these Terms, do not access or use the Services and Website.
2. Modifications
We reserve the right to change or modify any of these Terms, in our sole discretion without prior notice. The revised version of this document will be posted on the website. If you do not agree with any of the Terms, if you are a Visitor, you can simply cease use of the Website. If you are a Free User, you can cancel your account with us without further obligation. If you are a Subscription User, you may delete your account with us and ask that your Site Administrator remove you as an invited user under their subscription plan. If you are a Site Administrator, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. However, these Terms still applied during any previous use of our Services and/or Website.
We reserve the right to modify or discontinue the Service and/or Website (or any portion of the Service) either temporarily or permanently, with or without notice to You. We are not obligated to support or update the Service. You agree that Structure.IT is not liable to you or any third party in the event that we exercise our right to modify or discontinue the services (or any portion of the services).
3. Acceptance of Agreement
By using the Services, you represent that:
- You have read these Terms (which include the Privacy Policy and Cookies Policy);
- You accept and agree to be bound and abide by the most recent version of these Terms;
- You have the capacity to be bound by these Terms and if you are acting on behalf of a company or entity that you have the authority to bind such entity;
- You are of legal age to form a binding contract, you may not use the Services and you may not accept this Agreement if you are not of a legal age.
If you do not agree to these Terms, you must not access or use the Service.
4. Restrictions on Use of Service
In your use of the Service, you will not:
- use the Service for any purpose other than for using the features we intentionally make available to you;
- provide personal information of anyone other than yourself without permission;
- provide false information;
- let anyone else access your account or do anything else that might jeopardize the security of your account;
- allow anyone else to use your account or login information;
- impersonate or misrepresent any person or entity or your affiliation with them;
- post, upload to, transmit, distribute, store, create or otherwise publish any information that Structure.IT, in its sole discretion, determines is confidential;
- create another account if we have disabled your account;
- copy or distribute our content
- incorporate our content into another website, hardware or software application;
- sublicense, sell, transfer, distribute or exploit the rights made available to you through our Services;
- circumvent or attempt to circumvent our security related features;
- post, upload to, transmit, distribute, store, create or otherwise publish any unsolicited or unauthorized advertising, promotional materials, or other form of solicitation;
- post, upload to, transmit, distribute, store, create or otherwise publish any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
- obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
- attempt to remove, modify, disable, block, obscure or otherwise impair any in connection with the Service; or
- transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to or through the Service.
We have the right to edit or remove our Services content and block users without prior notice and for any reason.
5. Intellectual Property
Everything you see and hear on our Website and Services (“Content”) is our intellectual property (“IP”) including but not limited to:
- The software, software screens, design elements; template; interactive features; photographs, text and audio;
- The ideas and concepts of our Service; and,
- The logos contained therein.
Any unauthorized use of any materials may violate copyright, trademark, and other laws.
Structure.IT grants you a limited, revocable, non-exclusive, non-sublicensable license to access our IP. Within the intended use of the Services the you may view, copy export and print portions of the Content. You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content.
6. Warranties
You represent and warrant to Structure.IT as set out below:
- The information provided to Structure.IT in any registration, email correspondence phone call, profile, or through other means, including all personal details, contact details, and all other data provided to Structure.IT is true in all respects, up-to-date and not misleading in any way;
- You will not access the Service under false identity or pretext and will not use it to falsify your or any other person's identity;
- You will maintain the security of your user information, password and software license keys;
- You will use the Service lawfully and in good faith;
- Your use of the Services and the Content will be consistent with this license; and,
- you will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
You are responsible for all activity in your account.
7. Disclaimer of Warranty
Your use of our Service, including but not limited to the creation of a profile on our website, the download of our software and the use of the software is at your own risk. The Services provided by Structure.IT is on an “as is” and “as available basis without warranties of any kind, either expressed or implied. We disclaim all warranties to the fullest extent permitted by law and you waive any representations or warranties on the part of the Structure.IT parties relating to the Services and/or Content.
We future disclaim any warranty for any software licensed or provided to you by Structure.IT and any agreement with a third party that may be implied by these Terms, by custom, by law or otherwise and which is not expressly set out herein, including any implied warranties of availability of the service, non-disruption, security, accuracy, fitness for a particular purpose, ability to achieve a particular result or functionality, and non-infringement of third-party rights.
Without limiting the foregoing, the Structure.IT parties do not represent or warrant that the information on the Service or on any website or linked website is accurate, complete or current; or that that service will operate without interruption or error; that the quality, safety or legality of any content, products, services, information or other material purchase or obtained by you through the service or agreement you enter with third parties or advertisers will meet your expectations; or that the service will operate in combination with other software or systems.
Structure.IT assumes no liability or responsibility for any:
- errors, mistakes or inaccuracies of Content;
- personal injury or property damage of any nature whatsoever (including, without limitation, data loss or corruption), resulting from your access to and use of the service;
- unauthorized access to or use of the Structure.IT services and/or any and all personal information and/or information stored therein;
- interruption or cessation of transmission to or from the service;
- bugs, viruses, trojan horses, destructive computer codes or the like which may be transmitted to or through the service by any third party and/or;
- loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available vie the Service.
8. Indemnification
You use the Sites, the Content and the Services at your own risk.
You acknowledge that Structure.IT has no control over and do not guarantee the quality, safety or legality of goods or services provided by third parties or advertisers, the truth or accuracy of any third parties’ or advertisers’ content or listings, or the ability of a third party or advertiser to perform, or complete a transaction or service.
You waiver and shall not assert any allegations of claims of any nature against Structure.IT, its affiliates, shareholders, subsidiaries, contractors, advertisers, vendors, directors, agents, employees or any other partner (“Released Parties”) arising out of or in any way relating to your use of the Sites, the Content or the Services. This shall include, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Sites, the Content or the Services.
Without limitation of the foregoing, you agree to indemnify, defend and hold harmless the Released Parties from and against any claim, loss, obligation, demand, damage, judgement, award, cost, liability, expense and fee (include legal fees) arising to any of the Released Parties as a result of any claim, demand or proceeding brought or threatened against the Released Parties in connections with
- your use of, access to or misuse of the Services;
- your breach of any of these Terms of Use;
- your violation of any third-party right, including without limitation any copyright, property, or privacy right;
- any claim that any of your user submissions caused damage to an indemnified party of a third party;
- the use of your telephone number, email address and/or password by you or any other person accessing the Service using your account, telephone number, email address and/or password.
If the Released Parties do take any legal action against you as a result of your violation of these Terms, the Released Parties will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such actions, in addition to any other relief to the Released Parties.
9. Limitation of Liability
The Released Parties will have no liability whatsoever for any damages, liability or loss that you may incur, or for any other undesirable consequences, resulting from:
- any suspension or disruption of the service, including where such suspension or disruption results from Structure.IT’s negligence;}
- any errors, mistakes or inaccuracies of Content;
- personal injury or property damage, of any nature resulting from your access to and use of the Services;
- unauthorized access to or use of the Released Parties’ servers and/or any and all information stored therein;
- interruption or cessation of transmission to or from the Service;
- inadequate or faulty hardware operating the Service;
- bugs, viruses, trojan horses, or the like which may be transmitted to or through the Service by any third-party;
- user content or third-party websites;
- errors or omissions in any Content; or,
- any loss or damage of any kind incurred as a result or your use of any content wherein such content or advertisement is posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Released Parties are advised of the possibility of such damages.
In no event shall the Released Parties be liable to you or any third-party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the Service or third-party products of Services, under these Terms or in connection with their performance or breach, or in connection with any warranties herein, or in connection with the Service, including for their negligence, for any indirect, incidental, consequential or special damages, inducing any loss of profits or savings or anticipated profits of savings, opportunity, reputation, goodwill or business, even if the Released Parties have been advised of the possibility of such damages in advance.
The foregoing limitations of liability will apply to the fullest extent permitted by the law of the applicable jurisdiction.
The Released Parties’ maximum aggregate liability for any single event (or series of related events) giving rise to a claim in connection with these Terms of in relations to the Services, including breach of contract, breach of warranty, misrepresentation or negligence will be limited to a refund of one annual purchased license or $50 CND, whichever is greater.
10. Basis of the Bargain
You agree that Structure.IT has offered its products and services and entered into these Terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, you further agree that the warranty disclaimers and the limitations of liability set forth herein are a fair and reasonable allocation of risk between you and Structure.IT and without there disclaimers and limitations of liability set forth herein Structure.IT would not be able to provide the products or services to you on an economically reasonable basis.
11. Equitable Relief
If you violate these Terms, we may seek injunctive relief or other equitable relief.