The Divi App

Terms and Conditions

By using the CompanyOn (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Conceptualshift Inc. (“Company”) reserves the right to update and change these Terms of Service without notice. Violation of any of the terms below may result in the termination of your account.

Account Terms

You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You, and not the Company, are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).

You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration process. If your contact information, or other information related to your account changes, you must notify the Company promptly and keep your information current.

You may not use the Service for any illegal purpose or to violate any laws, rules or regulations in your jurisdiction, and must not infringe or violate third party rights.(including but not limited to intellectual property and/or copyright laws).

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.

Copyright and Content Ownership

All content posted on the Service must comply with Canadian copyright law.

The Company claim no intellectual property rights over the data or material you provide to the Service. All content and data uploaded are confidential and remains yours.

The Company does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.

The look and feel of the Service is copyright© ConceptualShift Inc. All rights reserved. Such rights are protected by Canadian and international intellectual property laws. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, HPP or visual design elements without express written permission from the Company.

Payment, Refunds, Upgrading and Downgrading Terms

The Service is offered at a monthly or annual frequency by paying in advance with a valid credit card. By providing Your credit card information to the Company, You consent authorization to charge such credit card for all Purchased Services. Refunds are processed according to our fair refund policy.

Any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.

Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.

You acknowledge that credit card information, processing and security is implemented using our third party payment gateway’s security measures in all transactions. Credit card details are NOT stored within our servers, they are stored securely by our third party payment gateway used by the Service for payment processing. Please see Stripes’ terms of use to learn more

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canada (federal or provincial) taxes. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.

Modifications to the service

The Company reserves the right at any time and from time to time to upgrade, modify or discontinue, temporarily or permanently, any part of the Service with or without cause or notice.

Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Company web site or the Service itself.

The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Cancellation and Termination

You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Cancel Membership tab in the global navigation bar at the top of the screen. The Account screen provides a simple no-questions-asked cancellation link.

All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all content will be permanently deleted from backups and logs. This information cannot be recovered once it has been permanently deleted. We advice you to let us know  you no longer need our services and request to retrieve your data to keep a record of your content prior to cancellation.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.

The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time. You must not allow any additional users to use the Service.

Online Payment Processing

If you choose to sign up for our online billing processing, note that CompanyOn’s Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement / these terms or continuing to operate as an account holder term on CompanyOn, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of CompanyOn enabling payment processing services through Stripe, you agree to provide CompanyOn accurate and complete information about you and your business, and you authorize CompanyOn to share it and transaction information related to your use of the payment processing services provided by Stripe. online processing billing, please see Stripes’ terms of use to learn more.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. The company and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on The Company’s servers.

You acknowledge that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment processing and related technology required to run the Service. The Company does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any vendors and partners. If we provide you with any application service under and open source licence, there may be provisions in those licences that expressly conflict with these Terms, in which case the open source provisions will apply.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.services to You. We may condition future subscription renewals on payment terms shorter than those specified in the Invoicing and Payment section.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer will result in immediate account termination.

We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There might be some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for more details.

When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Basecamp may process your data as described in our Privacy Policy and for no other purpose. 

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

Technical support is only provided via email.

We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.

The Company will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. The Company may perform unscheduled maintenance at any time, but will do this outside of normal business hours where possible.

The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).

 

Changes & questions

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

CompanyOn may update this policy once in a while—we’ll notify you about significant changes by emailing the account owner or by placing a prominent notice on our site.

Questions about this policy? Get in touch and we’ll be happy to answer them!

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