• Previously Iciniti
  • Phone: 1-866-424-6484
  • Email: sales@conligo.ca

TERMS OF SERVICE FOR CONLIGO™ SOFTWARE

Thank you for selecting the Services offered by Iciniti Corp™ and/or its subsidiaries and affiliates and doing business as (DBS) (referred to as “Conligo”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Conligo™. By accepting electronically (for example, by logging into any Conligo™ application(s) and services) installing, accessing, or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

BY LOGGING INTO ANY CONLIGO™ APPLICATION(S) AND/OR SERVICE(S), YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.  YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, THE EXECUTED PAYMENT FORM INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT WILL BE NULL AND VOID AND MAY NOT USE THE CONLIGO PLATFORM. IF YOU LOG IN TO ANY CONLIGO™ APPLICATION(S) AND/OR SERVICE(S), YOU ARE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU SUBSEQUENTLY GAIN ACCESS TO OR USE A COPY OF OUR SOFTWARE, YOU WILL BE DEEMED TO HAVE AGREED TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

A. GENERAL TERMS
1. AGREEMENT

This Agreement describes the terms governing your use of Conligo™ applications and services as presented on this website, including content, updates, and new releases, (collectively, the “Services”). It includes by reference:

  • Conligo™ applications and services Privacy Policy provided to you in the Services available on the website or provided to you otherwise.
  • Additional Terms and Service, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Conligo™. Conligo™ reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Conligo™ grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, deconstruct, sell, trade, or resell the Services.
  • Make the Services available on any file-sharing or application hosting service.
3. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless Conligo™ notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

  1. Payments will be billed to you in US or CDN dollars, and your account will be debited when you subscribe and provide your payment information unless stated otherwise in the program ordering or payment terms on the website for the Services.
  2. You must pay with one of the following:
    1. A valid credit card acceptable to Conligo™; or By another payment option Conligo™ provides to you in writing.
  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  4. If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
  5. Conligo™ will automatically renew your monthly or annual Services at the current rates unless the Services are canceled or terminated under this Agreement. These services will automatically be renewed at the current pricing rates. Conligo, however, reserves the right to amend your fee structure and rates at any time with thirty (30) days’ written notice.
  6. Additional cancellation or renewal terms may be provided to you on the website for the Services.
  7. Payment fees are as follows;
    • Payment for the package selected
    • Additional Options selected
    • Additional Quotes are created over and above the amount specified in the package.
4. REFUND & CANCELLATION POLICY

There are no refunds provided. A 30-day notice must be given to cancel a subscription if the Subscriber is paying on a monthly basis. If the Subscriber is paying on an annual basis no refunds are permitted. Conligo™ charges and collects in advance for the use of the Conligo™ application(s) and service(s). Conligo™ will automatically renew and bill Subscribers on the Subscribers’ established payment terms (monthly credit card renewal, monthly ACH renewal, annual credit card renewal, or annual ACH renewal). If you believe that the billing or invoice is incorrect, you must contact us within 60 days of the billing period start date to be eligible to receive an adjustment or credit. Your account is considered delinquent (in arrears) if full payment is not received by the billing period start date. If your account is delinquent for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email or phone if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at the support email address on our website www. Conligo.ca, (support@conligo.ca). If after your account has been deactivated it stays delinquent and we don’t hear from you, we may terminate it at any time and without notice. You and Conligo™ may terminate these Terms and your use of the Conligo™ application(s) and services at any time. If you terminate your use of the Conligo™ application(s) and services you must pay the fees applicable for the balance of the then-current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination). When your Conligo™ application(s) and services account is terminated, your User Content will shortly thereafter, not appear on the Conligo™ application(s) and services, except for User Content submitted to our forum or comments on our blog, which may remain on the Site after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.

Conligo™ is the sole owner of all Conligo™ applications and services which includes all the applications and products you are subscribed to, customized version of the Conligo™ application(s), and service(s) provided by Conligo™. If a subscription is canceled, any Conligo™ applications and/or services are NOT your property. You will retain ownership of the content, text, and any non-Conligo™ provided pictures or materials.

5. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

CONLIGO™ MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.

6. YOUR PERSONAL INFORMATION

You can view the Conligo™ applications and services Privacy Policy provided with the Services and on the website for the Services. You agree to the applicable Conligo™ applications and services Privacy Policy, and changes published by Conligo™. You agree that Conligo™ may use and maintain your data according to the Conligo™ applications and services Privacy Policy, as part of the Services. You also give Conligo™ permission to aggregate the non-personally identifiable data that you enter or upload with that of other users of the Services. For example, this means that Conligo™ may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

7. APPLICATION ACCESS

Conligo™ hereby grants you permission to use the Applications and Services as set forth in these Terms of Service, provided that: (i) your use of the Applications and Services as permitted is solely for your use in connection with your Conligo™ Account; (ii) you will not use the Applications and Services in any way that is unlawful, misleading, malicious, or discriminatory; (iii) you will not do anything that could disable, overburden, or impair the proper working of the Applications and Services (such as a denial of service attack); and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

You cannot:

  1. access, tamper with, or use non-public areas of the Applications and Services, Conligo’s computer systems, or the technical delivery systems of Conligo’s providers;
  2. attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  3. interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or request-bombing the Applications and Services;
  4. impersonate or misrepresent your affiliation with any person or entity;
  5. violate any local, state, provincial, national, or international law or regulation;
  6. transmit any material that is fraudulent, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

Conligo™ Account Requirements

  • In order to use any Conligo™ application(s) and/or service(s),
    • you will have to create an account.
    • Conligo Accounts are only available to users age 18 and older.
    • By registering with Conligo, you represent that you are able to form a binding contract and are not a person barred by any laws from using the Application.
    • You are not allowed to use another user’s Conligo Account.
    • When creating your Conligo Account, you must provide accurate and complete information. You agree to provide true, accurate, current, and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Conligo suspects that your registration violates these Terms of Service, your Conligo account may be subject to suspension or termination, and you may be barred from using the Application.
    • You are solely responsible for the activity that occurs on and in your Conligo Account, and you must keep your password secure. You may change your password at any time by updating your account settings. In addition, you agree to immediately notify Conligo of any unauthorized use of your password or any other breach of security. Conligo cannot and will not be liable for any loss or damage arising from your failure to secure your Conligo Account.
8. Conligo™ Services

You understand that Conligo™ is not providing any financial or investment advice. Conligo™ applications and services are a Business-to-Business and Business-to-Consumer management services that allows you to manage sales, orders, invoices, and payments as part of subscriptions associated to your Conligo™ Account. Information in your Conligo Account may come from (i) you; (ii) your customer that you may give permission to provide information to your Conligo Account (but only to the extent that you authorize they may do so); or (iii) any accounts you may have that are maintained online by third-party organizations if you direct Conligo to retrieve information from those accounts. You understand and acknowledge that the information in your Conligo Account is only as accurate and up-to-date as the sources that provide the information.

YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE APPLICATION INCLUDING LOSS OF DATA AND CONTENT.

9. Information from Third-party Sites

If you direct Conligo to retrieve your financial and customer information from certain third-party sites or applications, you explicitly authorize Conligo to act as your agent in order to receive that information on your behalf. When you enter your login and password (or other access credentials) to any third-party site, you explicitly represent and warrant that you have all necessary rights to authorize your Conligo Account to access the information on that site on your behalf. You also authorize Conligo to use third-party services to access your information from third-party sites, in accordance with their terms of service. You understand and acknowledge that Conligo has no control over the accuracy of the information provided by third-party financial institutions.

10. Your Account

Your Conligo Account may enable you to transmit content you select to the Application for hosting, display, and distribution via your Conligo Account (collectively “Your Content”). For more information on how Your Content and personal information is stored, shared, and distributed in your Conligo Account, see the Conligo™ application(s) and services Privacy Policy posted on our website (www.conligo.ca). If you have questions not addressed by the Conligo Privacy Policy, please email us at info@conligo.ca. Conligo reserves the right to reject, remove, or modify Your Content at its sole and absolute discretion at any time. You represent and warrant:

  1. you own all rights in Your Content or, alternatively, you have acquired all necessary rights in Your Content to enable you to grant to Conligo the rights in Your Content described herein;
  2. you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use of Your Content in
  3. you are the individual named in Your Content, or, alternatively, if you are an advisor who has been provided access to an individual’s account, you have obtained all necessary permissions and authorizations from the person named in Your Content to enable your use of the Application in accordance with these Terms of Service;
  4. access by the Application of Your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
  5. You agree to keep all records necessary to establish and maintain Your Content so that it does not violate any of the foregoing representations and warranties and to make such records available to Conligo upon Conligo’s request.
11. Feedback

You further agree that Conligo and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Your Content (“Feedback”), whether oral or written, that you may send to Conligo or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to this feedback.

12. Alert Disclaimer

You understand and agree that any electronic communications that you request in your account settings and that Conligo provides to you may be delayed or prevented for reasons that Conligo cannot control. Conligo can neither guarantee the delivery nor the accuracy of the content of any alert. You agree that Conligo is not liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or any actions taken or not taken by you or any third party in reliance on an alert.

13. Termination

If you violate any of these Terms of Service, your permission to use the Applications and Services and your Conligo Account may be terminated.

14. Modifications to any Conligo™ application(s) and service(S)

Conligo reserves the right to modify or discontinue the Application(s) and Service(s) at any time with or without notice to you. Conligo shall not be liable to you or any third party should Conligo exercise its right to modify or discontinue the Application(s) and Service(s).

15. Disclaimer Of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CONLIGO AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND YOUR CONLIGO ACCOUNT (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). CONLIGO AND ITS AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE PLATFORM OR THE CONTENT OF ANY APPLICATIONS OR THIRD-PARTY SERVICES THAT WORK WITH THE PLATFORM AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR APPLICATIONS;
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM OR YOUR CONLIGO ACCOUNT;
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CONLIGO APPICATIONS AND SERVICES;
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH CONLIGO APPLICATIONS AND SERVICES BY ANY THIRD PARTY; AND
6. FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE ON OR THROUGH CONLIGO APPLICATIONS AND SERVICES. CONLIGO AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY LINKED SERVICE, APPLICATION, OR PLATFORM, AND CONLIGO AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CONLIGO OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

16. Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CONLIGO OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, OWNERS, MEMBERS, MANAGERS, ATTORNEYS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE PLATFORM OR YOUR CONLIGO ACCOUNT.

17. Exclusions & Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Conligo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Conligo’s liability shall be the minimum permitted under such applicable law and limited to the monthly service fee for that specified month.

18. Indemnity

You agree to indemnify, defend, and hold harmless Conligo, its parents, subsidiaries, affiliates, officers, directors, owners, members, managers, employees, attorneys, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (1) any information (including, without limitation, Your Content, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Application(s) and/or Service(s); (2) your (or anyone using your account’s) use of the Application(s) and/or Service(s); (3) your (or anyone using your account’s) violation of these Terms of Service; or (4) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Conligo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Conligo in asserting any available defenses.

19. Miscellaneous

Without limiting the foregoing, under NO or ANY circumstances will Conligo be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control. In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. The failure of Conligo to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

20. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the Province of Ontario without regard to any conflict of laws, principles, or rules. Subject to the Dispute Resolution provisions hereinbelow, the exclusive jurisdiction and venue of any legal action with respect to the subject matter of these Terms of Service will be the provincial and federal courts located in London, Ontario, Canada, and you expressly waive any objection to and hereby consent to and agree to submit to jurisdiction and venue in such courts.

21. Dispute Resolution

Any disputes under these Terms of Service (except injunctive matters) shall initially be resolved by Conligo at Conligo’s preference. If arbitration is required this shall be done before an arbitrator located in London, Ontario, Canada. The prevailing party to any arbitration filed hereunder shall recover its reasonable attorneys’ fees and costs incurred in such action from the non-prevailing party.

22.Entire Agreement

These Terms of Service, together with the Conligo™ application(s) and service(s) Privacy Policy, which is hereby incorporated by reference and any other rules or guidelines posted in connection with the Application, are the entire and exclusive agreement between Conligo and you regarding the Application(s) and Service(s) and your Conligo Account. These Terms of Service supersede and replace any prior agreements between Conligo and you regarding the Application(s) and Service(s).

23.Terms of Service Changes

Conligo may, in its sole and absolute discretion, change these Terms of Service from time to time. Conligo will post a copy of the Terms of Service as changed on the Application(s) and Service(s). Your continued use of the Application(s) and Service(s) after the changed terms are posted constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Application(s) and Service(s). If you have any questions about these Terms of Service, please contact us at info@conligo.ca.

Last Revised: 18/01/2021

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