Terms of Use
Welcome to [Handy.ai] (“[Handy.ai],” “we,” “us,” “our”). When you visit, view, use, or access our website [Handy.ai] and any applicable subdomains thereof, or any applications, mobile applications, functionalities, content, materials, or other online services provided by [Handy.ai] (collectively, the “Platform”), whether as a guest or a registered user, you are agreeing to the following terms and conditions (“Terms of Use”), so please take a few minutes to read over the Terms of Use below.
These Terms of Use constitute a binding legal agreement and are entered into by and between you and [Handy.ai]. In conjunction with our Privacy Policy, these Terms of Use govern your use of the Platform, including, but not limited to, all features, functionalities, applications, updates, notifications, interfaces, and all related content and software.
Acceptance of Terms of Use
If you do not agree to these Terms of Use, you are not permitted to use the Platform. [Handy.ai] can change these Terms of Use at any time without any notice to you. It is your responsibility to review these Terms of Use, as it creates a binding legal agreement between you and [Handy.ai]. If you use the Platform after we have changed any of the Terms of Use, you are agreeing to all of the changes. To the extent that you or your employer (to the extent you are using the Platform in your capacity as an agent of your employer) has entered into another written agreement with [Handy.ai] that contains terms that directly conflict with any terms of these Terms of Use, then the conflicted terms set forth in such other agreement will control.
Registration
To use the Platform, you must provide complete, true, correct and up-to-date information to register for an account.
Once you have submitted such information, you may be provided with login credentials to use the Platform. You are responsible for securing your username and password, and you are solely liable for any use of the Platform under your account and password.
It is your duty and responsibility to notify [Handy.ai] promptly in writing if you learn (i) an unauthorized person has your access code and password, and/or (ii) of a privacy or security breach. [Handy.ai] reserves the right to refuse use of, or revoke use of, any username at [Handy.ai]’s discretion.
Eligibility
Any access or use of the Platform by anyone under the age of 18 is prohibited. By agreeing to these Terms of Use, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into and abide by these Terms of Use.
Privacy
Any personal information submitted in connection with your use of the Platform is subject to our privacy policy found at https://www.handy.ai/privacy-policy (the “Privacy Policy”), which is hereby incorporated by this reference. We will use information about you that we obtain either directly from you or that we obtain through your use of the Platform in accordance with our Privacy Policy solely for the purpose of providing and enhancing the Platform.
Account and Security
You may need to set up an account in order to use some of the features of the Platform. During the account setup process, it is important that you provide accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Platform. By accessing any account associated with the Platform, you confirm that you have received authorization from [Handy.ai] and are using only the login credentials issued to you by [Handy.ai]. It is strictly prohibited to use anyone else's account without prior written permission from [Handy.ai]. You are solely responsible for your account and any activity that occurs on it, including safeguarding your password. If you suspect that your account is being used without your consent, please notify us immediately. Transferring your account to someone else is not permitted and could result in legal consequences. [Handy.ai] is not responsible for any losses or damages that may result from unauthorized use of your account.
Proprietary Materials
The Platform contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of [Handy.ai] and licensors of [Handy.ai] (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant you any right to download or store any Proprietary Materials in any medium.
[Handy.ai] reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms of Use. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
The entire Platform is protected by copyright. Complying with all applicable copyright laws is your responsibility. If you give feedback on the Platform, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Platform without compensation to you. We reserve all rights in and to the Platform unless we expressly state otherwise.
Other trademarks, service marks, and logos used on the Platform are the trademarks, service marks, or logos of their respective owners. [Handy.ai] is using these third-party trademarks, service marks, or logos with the permission of the trademark owner or for identification purposes only.
We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that we believe (or are notified of) may infringe on the rights of others.
In these Terms of Use, “User Content” means material (including without limitation text, images, audio material, video material, research data and audio-visual material) that you submit to the Platform, for the sole purpose of using the Platform.
We do not claim any ownership rights in any User Content. You have sole responsibility for all of your User Content. You acknowledge and agree that the [Handy.ai] and its affiliates will not be responsible for any deletion, corruption, or loss of any User Content or any failure of the Platform to manage User Content. We strongly recommend that you backup all data prior to using the Platform.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). It is strictly prohibited to submit User Content to the Platform if it is or has been subject to threat of or actual legal proceedings or other similar complaints.
As part of the Platform, [Handy.ai] collects, stores, maintains, transmits, and uses certain information about the Platform and our users. This information is the property of the [Handy.ai] and includes, without limitation, information you provide about yourself, such as your name, email, and username; file metadata, such as filenames and paths; names and descriptions you assign to endpoints, collections, bookmarks, flows, indices, and transfers; definitions of flows and functions; information about how and whom you want to grant rights and permissions to use the Platform; and log data. [Handy.ai] may use this information for any lawful purpose, including for delivering and improving the Platform, marketing, and research. The ways in which the [Handy.ai] collects, stores, and uses personal information is set forth in our Privacy Policy.
Notwithstanding the foregoing, the following information remains the sole property of the applicable account holder or end user of the Services: (i) contents of files that you manage using the Platform (“file contents”); and (ii) information that you provide to the [Handy.ai] for the sole purpose of including such information in a search index that you administer (“index data”). By using the Platform, you grant the [Handy.ai] a limited, non-exclusive, worldwide, non-transferable right, on a royalty-free basis, with a right to sublicense this right only to independent contractors, subcontractors, or other non-employees involved in providing the Platform, to process file contents and to process and Site index data on your behalf solely for the purposes of providing the Platform. [Handy.ai] may process file contents, for example, in order to facilitate the transfer of files between your storage systems, but it does not Site or access file contents.
User Content
You must not:
- Use the Platform in any way that causes, could be reasonably expected to cause, or is intended to cause damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- Use the Platform to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
- Conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction, and data harvesting) on or in relation to our Platform without our express written consent.
- Republish material from the Platform (including republication on another website)
- Sell, rent, or sub-license material from the Platform
- Reproduce, duplicate, copy, or otherwise exploit material on our Platform for a commercial purpose
- Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Platform;
- Violate or attempt to violate the Platform’s security mechanisms, attempt to gain unauthorized access to the Platform or assist others to do so, or otherwise breach the security of the Platform or corrupt the Platform in any way.
We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access if you violate any provisions of these Terms of Use or if your behaviour exceeds reasonable limits, as determined in our sole discretion.
Acceptable Use
Term
These Terms of Use shall remain in full force and effect while you use the Platform, and shall remain in effect on Termination except as otherwise provided by these Terms of Use.
Termination
By us: we may, at any given time and in our sole discretion, terminate your access to the Platform, in whole or in part, for any reason and at any time, upon electronic notice to you at your email address or other contact information used when creating an account, including, but not limited to, violation of these Terms.
You agree that we are not liable to you or any third party for any termination of your access to our Platform.
By you: You may terminate your use of the Platform or your account at any time by ceasing to use the Platform, deleting your account within the Platform settings, or writing to ua@handy.ai
Upon termination of your account, your right to use the Platform will immediately cease. The associated Privacy Policy and any such ongoing provisions relating to intellectual property, indemnity, liability, payment, communication, dispute resolution, and any other such terms of these Terms of Use which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Warranty Disclaimer
WE DO NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON THE PLATFORM, NOR DO WE COMMIT TO ENSURING THAT THE PLATFORM REMAINS AVAILABLE OR THAT THE MATERIAL ON THE PLATFORM IS KEPT UP-TO-DATE.
USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. [Handy.ai] AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
[Handy.ai] AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE PLATFORM OR ANY PRODUCTS PURCHASED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE PLATFORM OR THAT [Handy.ai] WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH THE USE OF THE PLATFORM ARE OBTAINED AT YOUR OWN DISCRETION AND RISK, AND [Handy.ai] SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE PLATFORM OR ANY CONTENT OBTAINED FROM THE PLATFORM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY BETWEEN JURISDICTIONS.
Links to Other Sites
The Platform may contain links to other websites that we do not own or control. We are not responsible for any of these other websites and any links to these other websites should not be interpreted as an endorsement of any company, content, or products. We are not responsible to you for any aspect of these other websites, including their content, privacy policies, or anything else. You may be exposed to things on other websites that you do not like or that you find offensive. We are not responsible for this, either. You must use your own discretion when you go to other websites. You should also read the terms and conditions and privacy policies of these other websites.
Non-Waiver. Failure by [Handy.ai] to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right.
Severability. If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Governing Law & Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and you submit to the non-exclusive jurisdiction of the courts in the Province of Ontario for the resolution of any disputes.
Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER LAW, [Handy.ai] AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR ANY CONTENT PROVIDED BY OR THROUGH THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, [Handy.ai]’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF [$100].
Indemnity. You agree to indemnify and hold harmless [Handy.ai] and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any User Content, your use of the Platform, your connection to the Platform, your violation of these Terms of Use or your violation of any rights of any third-party.
Equitable Relief. You acknowledge that a breach of these Terms of Use may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
Assignment. We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
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