Terms and Conditions

Last updated: February 28, 2022

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Ontario, Canada
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Aquafort AI Inc., Canada.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Aquafort including but not limited to any of its subdirectories or subdomains, accessible from https://aquafort.ca/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Unauthorized Use

Reselling or redistributing any of Our Services or products without express approval from Us is expressly prohibited.

Refund Policy

Before You make a purchase at Our Website, You must acknowledge that We do not issue refunds for non-tangible, irrevocable goods.

Installations

Installation may be made available to You by Us if needed at an additional cost. You may contact Us to request the use of Our installation service where available via our contact form.

General Information

By downloading or using any of our Services, products or apps, these terms will automatically apply to you – you should therefore make sure that you read them carefully before using Our Services, products or apps. You are not allowed to copy, or modify any of our Services, products or apps, as a whole or in part.

You’re not allowed to attempt to extract the source code of our Services, products or apps, and you also shouldn’t try to translate our Services, products or apps into other languages, or make derivative versions. The Services, products, apps, and all the trademarks, copyright, database rights and other intellectual property rights related to them still belong to Us and/or other copyright holders.

We are committed to ensuring that our Services, products and apps are as useful and efficient as possible. For that reason, We reserve the right to make changes at any time and for any reason.

Our Services, products or apps may only store and process personal data that You have provided to Us and those that are needed to provide You with the services You have requested. It is Your responsibility to keep Your device such as the computer, phone or table, and access credential to Our Services, products or apps secure. We therefore recommend that You do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make Your device vulnerable to malware/viruses/malicious programs, compromise Your device’s security features and it could mean that Our Services, products or apps may not work properly or at all.

You should be aware that there are certain things that We will not take responsibility for. Certain functionalities of Our Services, products or apps may require an active internet connection, access to an updated and compatible device, or access to power supply. These services may be provided to You by third-party providers. We do not take responsibility for Our Services, products or apps not working at full functionality if You do not have the necessary access to the required services. We are not responsible for any charges You may be required to pay to get access to the internet or other services you may require that are provided to You by third-party providers. You are advised to consult with Your providers.

If you’re using Our Services, products or apps outside of an area with Wi-Fi, You should remember that Your terms of the agreement with Your mobile network provider will still apply. As a result, You may be charged by Your mobile provider for the cost of data for the duration of the connection while accessing Our Services, products or apps, or other third-party charges. By using Our Services, products or apps you are accepting full responsibility for any such charges, including roaming data charges if You use the app outside of Your home territory (i.e. region or country) without turning off data roaming. If You are not the bill payer for the device on which You are using Our Services, products or apps, please be aware that we assume that You have received permission from the bill payer for using Our Services, products or apps. You are not allowed to use Our Services, products or apps if you do not have permission of the owner of the device on which Our Services, products or apps is accessed.

We do not take responsibility for the way You use Our Services, products or apps. i.e. You need to make sure that Your device stays charged – if it runs out of battery and You can’t turn it on to avail the Service, we do not accept any responsibilities.

It’s important to bear in mind that although We endeavor to ensure that Our Services, products or apps and information within is updated and correct at all times, We accepts no liability for any loss, direct or indirect, You experience as a result of relying wholly or partly on the functionalities of Our Services, products or apps.

At some point, we may wish to update Our Services, products or apps as the requirements for the operating systems (and for any additional systems we decide to extend the availability of Our Services, products or apps to) may change, and You will need to use the necessary updates if You wish to continue using Our Services, products or apps. We do not promise to always update all Our Services, products or apps so that they may be relevant to You and/or work with the operating system version that You may have installed on Your device. However, You promise to always accept updates to Our Services, products or apps when offered to You.

We reserve the rights to stop providing Our Services, products or apps and may terminate their use at any time without giving notice of termination to You. Unless We communicate with You to state otherwise, upon any termination, (a) the rights and licenses granted to You in these terms will end; (b) You must stop using Our Services, products or apps immediately and if needed delete them from Your device.

This Agreement sets forth the legally binding terms and conditions for your use of Website. By accessing or using the Website or Service in any manner, including, but not limited to, visiting, browsing or contributing content or other materials, You agree to be bound by these Terms and Conditions. If You disagree with these Terms and Conditions in whole or in part, You must not use the Website, Our Services, products or apps.

You agree that You will not bring any claim personally against Us, Our officers or Our employees for any losses You may suffer in connection with the Website, Our Services, products or apps.

Subscriptions

Subscriptions automatically renew unless the auto-renew is turned off by You at least 48 hours before the end of the current subscription period.

Any unused portion of the free trial period, if offered, will be forfeited when You purchase a subscription.

Subscriptions may be managed by You and auto-renewal may be turned off by contacting Us at least 48 hours before the end of the current subscription period.

Account will be charged for renewal within 48-hours prior to the end of the current subscription period.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Changes

The content of this web page may be updated at any time. It is Your responsibility to frequently visit this web page to ensure you have the most updated information.