Last modification: July 20, 2020
By using the Setpad Services, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO SUBSCRIBE TO, ACCESS OR USE THE Setpad SERVICES, AND MUST STOP DOING SO IMMEDIATELY.
Note: If you are registering on behalf of a company or other legally recognized entity with the ability to enter into agreements, you must register on behalf of your organization. These Terms are legally binding between that organization, as well as individual users acting for or on behalf of that organization.
Setpad services are often updated during rapid development phases. Please let us know if anything is not working as expected, and we will work to resolve the issue as quickly as we reasonably can. If at any time you are unsatisfied with the Setpad Services and wish to unsubscribe, please email support@Setpad.ca . We will end your subscription and delete your account.
1. Maintenance; Suspension, Termination, Modification of Service
Due to the evolution of the Setpad services, we may change them or remove features at any time, without notice. The Setpad Services may also be temporarily unavailable from time to time for maintenance or other reasons.
We reserve the right to suspend or terminate your access to and use of all or any part of the Setpad Services at any time, for any reason, with or without notice, without prior explanation and without any liability to you or anyone else.
2. Users and User Content
To use the Setpad Services, you must be 13 years of age or older. You retain all rights to, and are solely responsible for, content that you create, upload, post, display, use with the Setpad Services (“User Content”) and distribute to anyone else. You represent and warrant that you own or have acquired all necessary rights to use such Content with the Setpad Services. In no way does this constitute a misappropriation, violation or violation of any third party rights or laws. Your use of User Content is solely at your own risk and you agree to be exclusively governed by any agreement, term or other understanding between you and such users. We are not responsible for the accuracy or reliability of any reports created with the Setpad Services, any User Content provided through the Service, and the functionality it exposes.
4. Setpad Content
All content on Setpad, except User Content, is the exclusive property of Setpad and/or its suppliers or licensors. Subject to these Terms and any other applicable agreement between you and Setpad, you have a non-exclusive, limited right to access and use the Setpad Services through the Setpad Website, Setpad Mobile Services and all content that Setpad makes available to you in accordance with these Terms. Except as expressly stated herein, nothing in these Terms shall be construed as conferring any other rights or licenses to Setpad’s confidential information, confidential materials, trade secrets or intellectual property rights, whether by estoppel, implication or otherwise. The Setpad Services are protected to the fullest extent permitted by copyright laws and international treaties. You may not decompile, disassemble, reverse engineer, or attempt to discover the source code contained in the Setpad Services.
Setpad and Afixem are trademarks of Afixem, Inc. All other trademarks belong to their respective companies. All trademarks and registered trademarks are protected by Canadian and international trademark laws.
5. Links to Other Websites
The Setpad Site and the Setpad Services may contain (or you may access through Setpad) links to other websites controlled by third parties (“Third Party Content”). Setpad is not responsible for third-party content accessed through Setpad or content provided by third parties. You should use your judgment in relying on Third Party Content.
Setpad is intended for users located in Canada only. Subscribers and users assume all risk of using Setpad services and applications from outside of Canada. Your use of Setpad is subject to all applicable local, state, national and international laws and regulations.
6.Subscriptions and Packages
Setpad offers several payment plan options for users to subscribe to these plans.
All paid plans require a valid payment method to which charges are automatically applied. Free accounts are not required to provide payment method information.
Packages are billed in advance for the payment period (weekly or annual) and are non-refundable. There will be no refunds or credits for partial periods of service, or refunds for unused time with an open account. All fees are exclusive of any taxes, fees or duties imposed by taxing authorities. You are responsible for paying all such taxes, fees or duties.
Setpad reserves the right to change payment methods at any time with 30 days notice.
7. No Warranty
Setpad, and all content, third party content, products and services included in Setpad are provided “as is”, without any warranty. Setpad, on behalf of itself and its suppliers, disclaims all warranties of any kind, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose, title or to non-violation. Setpad does not warrant that the Setpad Services will meet your requirements, or that they will be uninterrupted, timely, secure, or error-free. Access to and use of the Setpad Services is at your own risk. Setpad and its suppliers are not liable for any damages resulting from your use of the Setpad Services.
8. Limitation of Liability
In no event shall Setpad or its suppliers be liable to you or any other person, including without limitation, subscribers, users of the Setpad Services for (i) your use or misuse of Setpad or its content, or ( ii) your inability to use Setpad, (and damages caused to third parties).
8.1 Disclaimer for Certain Damages:
You agree that Setpad and its suppliers, and each of their respective officers, directors, shareholders, members and employees, shall not be liable for incidental, special, indirect, punitive or consequential damages, even if they were aware in advance that such damage was possible.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, however, Setpad’s liability shall be limited to the extent permitted by applicable law.
You agree to indemnify and hold harmless Setpad and its suppliers, their subsidiaries and affiliates, and each of their directors, officers, shareholders, members, agents, contractors, partners and employees, from any liability, loss, liability, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising from your use of the Setpad Services.
Miscellaneous Disclaimer and Severability
Setpad’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is declared invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to their intentions as reflected in the provision, and that the other provisions of these conditions remain unchanged, with full force and effect.
10.1 Choice of Law and Forum
This contract is governed by and interpreted in accordance with the laws of the province of Quebec, Canada. We both agree to submit to the exclusive jurisdiction of the provincial and federal courts of Quebec, Canada.
10.2 Limitation Period
We each agree that any cause of action arising out of or related to Setpad must commence within one year after it arose. Otherwise, this cause of action is permanently barred. Some jurisdictions may prohibit shortening the time within which a cause of action must be brought. In all such jurisdictions, the applicable time period will be the minimum permitted by law.
You acknowledge and agree that all questions, comments, suggestions, ideas, comments or other information about the Setpad Services (“Submissions”) provided by you are voluntary and non-confidential. We may use the Submissions for any commercial, commercial or other purpose without acknowledgment or compensation to you.
All notices to a party must be in writing and must be sent either by electronic mail or by regular mail. Setpad may serve notices or messages through the Setpad Services to notify you of changes to these Terms, the Setpad Services, or other important matters.
We reserve the right to change these terms from time to time. If we change these Terms, we will indicate that we have done so by updating the date above. Your continued access and use of the Setpad Services constitutes your acceptance of any amended terms.
Oct. 15 2019
Written in Montreal, Quebec, Canada | Copyright 2019