Terms of service 2021-04-29

/ Terms of service / By
Effective Date: April 29, 2021

These Terms of use (“Agreement“) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Metacis Inc., headquartered in Saint-Hubert, QC, Canada (hereon referred to as “Metacis”, “we”, “our” or “us”), concerning your access to and use of the website, mobile and desktop applications or during other interactions such as customer service inquiries (collectively, the “Services”). If you are accepting on behalf of your employer or another entity, you represent and warrant that:

  • (a) you have full legal authority to bind your employer or such entity to this Agreement;
  • (b) you have read and understand this Agreement and
  • (c) you agree to this Agreement on behalf of the party that you represent.

You agree that by accessing the Services, you have read, understood, and agree to be bound by all of this Agreement. If you suffer any prejudice whatsoever or disagree in any way with the provisions in the present Agreement, your only recourse is to not use the Services.

TABLE OF CONTENT

  1. Changes or Modifications
  2. User Types
  3. Eligibility
  4. Registration
  5. Intellectual Property Rights
  6. Data Request
  7. Prohibited Activities
  8. Your Group
  9. Fees and Payment
  10. Apple and Android Devices
  11. Third-party Websites and Content
  12. Advertisers
  13. Digital Millennium Copyright Act (DMCA) Notice and Policy
  14. Privacy Policy
  15. Termination of Use
  16. Device Requirements
  17. Service Availability
  18. Industry-specific Regulations
  19. Use in Life Critical Applications
  20. Governing Law
  21. Disclaimer
  22. Limitations of Liability
  23. Indemnification
  24. Electronic Communications, Transactions, And Signatures
  25. How to contact us?
  26. English Version Controls
  27. Definitions

1. CHANGES AND MODIFICATIONS

1.1 Changes and modifications to this Agreement

We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the “Effective Date” date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in this Agreement by your continued use of the Services after the date such revised Agreement is posted.

1.2 Changes and modifications to the Services

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

2. User Types

Within this Agreement, we will differentiate between three types of people, companies and organizations (collectively referred to as “Users” or individually referred to as “User”):

  • (a) “Administrator” means the User who created a Group (the “Owner“) or other Users that have been granted the role of Administrator within a Group, by the Owner of the Group or by another Administrator.
  • (b) “Developers” means Users that have modification rights in a Group to create or modify templates with the purpose of gathering or requesting Personal Data or other information from other Users. For clarity, this also includes Administrators.
  • (c) “Contributors” means Users that provide, share Personal Data or other information according to the Group predefined templates. For clarity, this also includes Developers.

3. ELIGIBILITY

3.1. Age restriction

The Services are intended for Users who are at least 16 years of age. All Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Services.

3.2. Distribution

The information provided in the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

4. Registration

For some of the Services, you may be required to register. By registering you represent and warrant that all information that you provide is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your information on the Services so that it remains current, complete and accurate. You agree to keep your password confidential and will be responsible for all use of your account and password.

5. INTELLECTUAL Property Rights

5.1 Your content

All Contributions will be considered owned by you. You grant us a worldwide, non-exclusive, royalty-free license to access, use, process, copy, distribute, perform, export and display Contributions, only as reasonably necessary:

  • (a) to provide, maintain and update the Services;
  • (b) to prevent or address service, security, support or technical issues;
  • (c) as required by law or as permitted by section 6 below; and
  • (d) as expressly permitted in writing by you.

This license continues even after you stop using the Services. You represent and warrant that you have secured all rights in and to Contributions as may be necessary to grant this license.

5.2 Feedback

You may choose to submit Feedback to us. We may in connection with any of the Services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise. No Feedback will be considered your Contributions, and nothing in this Agreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating Feedback or otherwise.

5.3 Our content

We own the Services including all related intellectual property rights. The Services are made available on a limited access basis, and no ownership right is conveyed to you, irrespective of the use of terms such as “purchase” or “sale”. We retain all right, title and interest, including all intellectual property rights, to the Services, their “look and feel” and any related technology, modifications or derivative works, including incorporated Feedback.

5.4 Mobile application

If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance this Agreement.

5.5 Professional Services

You may purchase professional consulting or training services (“Professional Services”) from us to assist in your implementation of the Services. You remain the Controller in this relationship, authorizing our consultant to design on your behalf only. As a result of Professional Services delivered under this Agreement, we may generate ideas, inventions, suggestions, copyrightable materials or other information (“Intellectual Property”) which fall into one of two categories:

  • (a) pre-existing intellectual property rights of either party that are made available for use in connection with the Professional Services shall remain vested in that party; the other party is granted a license to use those rights so far as may be necessary to enable that party to provide the Services; and
  • (b) Intellectual Property that is created in the course of the Professional Services shall belong to Metacis; you are granted a perpetual, worldwide, royalty-free, exclusive license to use all such Intellectual Property as implemented into the Services.

6. DATA REQUEST

We will only disclose Contributions in response to valid legal process. We require a search warrant issued by a court of competent jurisdiction or the equivalent legal process in the applicable jurisdiction to disclose Contributions. We do not voluntarily disclose any data to governmental entities unless:

  • (a) there is an emergency involving imminent danger of death or serious physical injury to any person, or
  • (b) to prevent harm to the Services or Users. We do not voluntarily provide governments with access to any data about Users for surveillance purposes.

All requests should be sent to Administrators@Metacis.com and should include the following information:

  • (c) the requesting party;
  • (d) the relevant criminal or civil matter, and
  • (e) a description of the specific Contributions being requested, including the relevant Username.

Requests should be prepared and served in accordance with applicable law. All requests should be focused on the specific Contributions sought. All requests will be analyzed and made as narrow as possible. Do not submit unnecessarily broad requests. If legally permitted, You will be responsible for any costs arising from our response to such requests.

Unless we are prohibited from doing so or there is a clear indication of illegal conduct or risk of harm, we will notify you of the request before disclosing any of your Contributions so that you may seek legal remedies.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree that:

  • 7.1 You are solely responsible for your use of any Interactive Areas and you use them at your own risk.
  • 7.2 By submitting any Contributions or participating in an Interactive Area within or in connection with the Services, you agree that you will not submit, upload, transmit or otherwise make available to or through the Services any Contributions that:
    • (a) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
    • (b) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
    • (c) is unlawful or fraudulent, or have any unlawful or fraudulent purpose.
    • (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd;
    • (e) advocates violent behavior;
    • (f) poses a reasonable threat to personal or public safety;
    • (g) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes;
    • (h) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any Contributions is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by us, in our sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Services.
    • (i) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or
    • (j) uses the name or likeness of an identifiable natural person without such person’s consent.
  • 7.3 You agree not to represent or suggest, directly or indirectly, that Metacis endorse Contributions.
  • 7.4 You agree not to submit, upload, transmit or otherwise make available to or through the Services any Contributions, software or other materials which contain a virus or other harmful or disruptive component.
  • 7.5 You agree not to use, launch, develop, or distribute any automated system to post or access more Contributions than an individual could post or access in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
  • 7.6 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Services will not be permitted. We reserve the right, in our sole discretion, to remove or edit Contributions submitted by you.
  • 7.7 We are not responsible for the accuracy or credibility of any Contributions, and do not take any responsibility or assume any liability for any actions you may take as a result of reading Contributions posted on the Services. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
  • 7.8 We have the right, but not the obligation, to monitor Contributions posted or uploaded to the Services to determine compliance with this Agreement and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the Contributions posted or uploaded to the Services, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any Contributions posted or uploaded to the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Contributions posted to the Services at your sole cost and expense. The decision by Metacis to monitor and/or modify Contributions does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Services.
  • 7.9 You agree not to:
    • (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any part of the Services;
    • (b) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of a part of the Services;
    • (c) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services;

8. Your GRoup

The following terms apply to any Group to which you are the Owner:

  • (a) You will be solely responsible for support and maintenance of the Group.
  • (b) You agree that your email address will be made available to Users you have invited to your Group.
  • (c) You will be solely responsible for the modifications that Developers can make to your Group.
  • (d) You will protect the privacy and legal rights of Users. If the Users provide you with personal information, you must make the Users aware that the information will be available to you, and you must provide legally adequate privacy notice and protection for those Users. Further, you may only use that information for the limited purposes for which the user has given you permission to do so. If you store personal or sensitive information provided by Users, you must do so securely and only for as long as it is needed. If you have provided and the User has opted into a separate agreement with you that allows you to store or use personal or sensitive information directly related to your Group then the terms of that separate agreement will govern your use of such information.
  • (e) You agree that you are solely responsible for (and that Metacis has no responsibility to you or to any third party for) any breach of your obligations under this Agreement, any applicable third party contract or terms of service, or any applicable law or regulation, and for the consequences (including any loss or damage which Metacis or any third party may suffer) of any such breach.

9. FEES AND PAYMENT

9.1 Usage types

When you register, you have four options to use the Services:

  • (a) “Free Use” means a free-of-charge program, in which you will be able to use the Services in proportion to the revenue we make from advertisement that you are presented and watch completely. The Free Use is aimed at Users who want to try or who cannot afford any of our subscription-fee based programs. We reserve the right to deny the free use to anyone at any time on our sole discretion.
  • (b) “Subscription” means a subscription-fee based program, which gives the User is a fixed amount of resources in proportion to the payment made to be used within the subscription period.
  • (c) “One-time Purchase” means a single payment which gives the User is a fixed amount of resources in proportion to the payment made to be used within 4-week of the purchase.

9.2 Paid Subscriptions

Any of our paid Subscriptions shall be paid in 4 week installments and processed by the marketplace partner through which you originally acquired the Subscription. You will only have access to a paid Subscription while it is active and subsisting. Should you fail to pay your Subscription you will automatically downgrade to Free Use.

The renewal Subscription fees will continue to be billed to the payment method you provided through the marketplace, automatically until canceled. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the payment method you provided. Refunds cannot be claimed for any partial-month Subscription period. You can cancel your paid subscription only through the marketplace where you originally acquired the subscription. You can upgrade or downgrade your subscription through the Services but you can only cancel your paid subscription through the marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.

9.3 Refunds

For One-time Purchase or Subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds.

For One-time Purchase or Subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

10. Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each a “Marketplace”) to access the Services:

  • (a) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable Marketplace’s terms of service;
  • (b) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in this Agreement or as otherwise required under applicable law, and you acknowledge that each Marketplace has no obligation whatsoever to provide any maintenance or support services with respect to the mobile application;
  • (c) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable Marketplace, and the Marketplace, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the Marketplace will have no other warranty obligation whatsoever with respect to the mobile application;
  • (d) you represent and warrant that:
    • (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and
    • (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
  • (e) you must comply with applicable third-party terms of agreement when using the mobile application; and
  • (f) you acknowledge and agree that the Marketplaces are third-party beneficiaries of this Agreement, and that each Marketplace will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Services) links to other websites (“Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware this Agreement no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Services and for any services or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Services, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We imply provide the space to place such advertisements, and we have no other relationship with advertisers.

13. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

For the purpose of this notice and policy, our “Designated Copyright Agent” can be contacted at Copyright@Metacis.com.

13.1 Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided above (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

  • (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services;
  • (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  • (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

13.2 Counter Notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided above (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

  • (a) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  • (b) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
  • (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
  • (d) your name, address, and telephone number;
  • (e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • (f) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

14. PRIVACY POLICY

We care about data privacy and security. Please review the latest version of our Privacy Policy found at: https://metacis.com/archive. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into this Agreement. Please be advised that the Services are hosted both in Canada and the United States (both the “Hosting Countries“). If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws of the Hosting Countries, then through your continued use of the Services, you are transferring your data to the Hosting Countries, and you agree to have your data transferred to and processed in the Hosting Countries.

15. TERMINATION OF USE

15.1 Termination by you

You may discontinue your participation in and access to the Services at any time, in which case any pre-paid payments are non-refundable and any pending payments must be settled with us.

15.2 Termination by us

This Agreement shall remain in full force and effect while you use the Services. Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services(including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in this Agreement or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15.3 Termination by Group Administrators

Administrators in a Group may, at any time, terminate the access to the Group by a User. If your access to the Group is terminated you may then no longer be able to access Contributions that you or other Contributors have shared within the Group.

16. Device requirements

You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Services and all charges related to the same.

17. SERVICE AVAILABILITY

You agree that access to the Services is reliant upon various factors outside of our control, including, without limitation, your internet service provider, global telecommunications links, our hosting and other service providers, and other factors which may impact upon the availability of the Services. While we will use all reasonable endeavors to ensure that you have continuous access to the Services, we will not be liable to you or any other person for any loss or damage caused by unavailability of the Services.

18. Industry-specific regulations

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

19. Use in Life Critical Applications

You agree that the Services are not designed or intended for use in life critical applications and that we shall not be liable for any direct or indirect loss or damages arising from the use of the Services in any life critical application and that any use by you of the Services in life critical applications shall be at your sole risk.

20. GOVERNING LAW

This Agreement is governed by applicable laws in the province of Quebec, Canada. Any dispute that may arise is to be submitted to the competent province of Quebec tribunals in the judicial district of Montreal. Should any provision in this Agreement be found invalid by a competent tribunal, it will not affect the validity of the other provisions. The invalid provision will simply be dissociated from the other provisions in this Agreement, which will remain in force.

21. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content of the Services and we will assume no liability or responsibility for any:

  • (a) errors, mistakes, or inaccuracies of content and materials;
  • (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services;
  • (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
  • (d) any interruption or cessation of transmission to or from the Services;
  • (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party; and/or
  • (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

22. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

  • (a) your Contributions;
  • (b) use of the Services;
  • (c) breach of this Agreement;
  • (d) any breach of your representations and warranties set forth in this Agreement;
  • (e) your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • (f) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. HOW TO CONTACT US?

If you have any questions about this Agreement, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.

Email us at: support@metacis.com

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern, and you are located in the European Economic Area. you have the right to lodge a complaint with the competent supervisory authority.

26. ENGLISH VERSION CONTROLS

Non-English translations of this Agreement are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.

27. Definitions

  • (a) “Group” means the portion of the Services that is created by a single User (the “Owner“) and has an access that is limited to Users that have been invited.
  • (b) “Contributions” means any text, writings, data, content, video, image, graphic, photograph, logo, icon, trademark, user interface, sound, music, software, computer code or any other resources of any type that you create, submit, post, display, transmit, perform, publish, distribute, broadcast or otherwise make available to or through the Services;
  • (c) “Interactive Area” means any comments sections, discussion forums, or other interactive features that makes Contributions available to other Users.
  • (d) “Feedback” means comments, questions, ideas, suggestions or other feedback relating to the Services;
  • (e) “Processing” means any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
  • (f) “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
  • (g) “Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data; where the purposes and means of such Processing are determined by Union or Member State law, the Controller or the specific criteria for its nomination may be provided for by Union or Member State law;
  • (h) “Processor” means a natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller;