Terms of Use

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Axonify Inc. (“Company,” “we,” “us,” or “our”), concerning your access to and use of Axonify.com and other Axonify websites, as well as any other media form, media channel, or mobile website related, linked, or otherwise connected thereto (collectively, the “Websites”). You agree that by accessing the Websites, you have read, understood, and agreed to be bound by all of these Terms of Use.

Security

Company makes reasonable efforts to ensure that any information you provide is maintained in a secure environment. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your Information, we cannot warrant the security of any information you transmit to us or from our Platform or Websites, and you do so at your own risk.

Company has implemented and maintains reasonable and appropriate security measures, procedures and practices to protect against the loss and unauthorized access, use, modification, destruction or disclosure of your information while it is in our custody or under our control.  For example, we use TLS encryption, firewalls, anti-virus and system security monitoring.

We also limit access to your Information to those employees, contractors and agents who have a business need to know.

Intellectual Property

The Websites are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Websites (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us and are all subject to copyright and other intellectual property protection.  The Content and the Marks are provided on the Websites “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Websites and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We reserve all rights not expressly granted to you in and to the Websites, the Content and the Marks.

Products

All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. We reserve the right to make changes at any time, without notice or obligation, in the information contained on this Website.

NO WARRANTIES OR REPRESENTATIONS

THE WEBSITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR 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 WEBSITE 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 WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) 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 WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, 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.

No Liability for Use of Website or Services

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 WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.

Electric Communications

Visiting the Websites, 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 Websites, 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 WEBSITE. 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.

Indemnity

You agree to indemnify and hold us harmless, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable legal fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) this Website or services; (ii) your violation of the terms and conditions of these terms and conditions; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; (iv) any other activities of yours accomplished using this Website or services or (v) . This indemnity shall be in addition to and not limited by any other indemnity.

Terms and Conditions

We may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions.

Third-Party Website Pages

We have not reviewed all of the sites linked to the website and are not responsible for the content of any off-site pages or any other sites linked to the Website. Your linking to any off-site pages or other sites is at your own risk.

Governing Law

These Terms of Use shall be governed by and defined following the laws of Ontario, Canada. Axonify Inc. and yourself irrevocably consent that the courts of Ontario, Canada shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Contact Us

In order to submit a complaint or idea regarding the Websites or to receive further information regarding the use of the Websites, please contact us at:

Axonify Inc.
450 Phillip St.
Waterloo, Ontario N2L 5J2
Canada

Phone: 519-585-1200
dataprivacy@axonify.com

If you submit anything to Axonify Inc. we may freely use any ideas, inventions, or anything else contained in your submission.