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# Terms of Service Last updated: 2023/04/27 Welcome! By accessing and using the https://cadstrom.io/ website and platform, (collectively, the “Platform”) and its related transactional pages, services and tools (collectively, the “Services”), you accept these Terms of Service and Cadstrom’s Privacy Policy. These Terms of Service constitute your agreement with Cadstrom Inc. (“Cadstrom” or “we”), a company located at 2363 De Lorimier Avenue, Montréal (Québec) H2K 3X4 Canada with respect to your access and use of the Platform and the Services. Please read these Terms of Service carefully to understand the agreement between Cadstrom and you. If you do not agree with these Terms of Service, you should not use the Platform or the Services. By accessing or using the Platform and the Services, you agree to these Terms of Service. These Terms of Service may change from time to time. You agree to consult Cadstrom’s Terms of Service and Privacy Policy from time to time and acknowledge that your continuing use of the Platform or the purchase and/or use of the Services through the Platform means that you have accepted any changes that may have been made. > In these Terms of Service, the language in blue is provided for convenience only. It summarizes in plain language the key terms of these Terms of Service to help our users understand better the agreement between them and Cadstrom with respect to the use of the Platform and the Services. We encourage you to read the full terms to have a complete understanding. The full terms constitute the agreement and prevail. ## Disclaimer of Warranty with respect to Access and Use > Our goal is to provide you with reliable information and services, but we cannot guarantee reliability at all times and will not be responsible for any difficulties you may experience on the Platform. We make every effort to ensure that the information on the Platform is reliable when published. Despite our best efforts, we cannot guarantee that the information is accurate or complete, free from error or omission, or that it is up-to-date at all times. We cannot guarantee that the Platform will be accessible at all times, without interruption, or that it will be free from errors. We shall not be held responsible for any damages that may result from the inaccessibility of the Platform, or from any difficulties that you may experience while you access it, including: an interruption of service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to our attention. In general and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Platform and/or its contents. ## Termination of the Platform and/or Services > We can terminate and suspend your access to the Platform and will not be responsible for any damages you may suffer. We reserve the right to suspend, and/or terminate, at any time, without warning, full or partial access to: the Platform, including your account and any of the transactional pages and any of our pages accessible through certain social media Web sites, as well as our Services. We additionally reserve the right to discontinue uploading information to such sites, in which case we shall not be held responsible for any damages that you may incur. All information on this Web site is subject to change without prior notice. ## Hyperlinks > If you click on a hyperlink and leave the Platform to go to another website, you are on your own and subject to the terms of that other website. The Platform contains hyperlinks that may direct you to the websites of our other service providers or third parties (including internet payment services such as “[●]”). The fact that the Platform offers links to other websites does not mean that we endorse or approve the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to our policies. Therefore, we shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink. ## Your Use of the Platform > You must register to use the Platform and be 16 years old or older. Use the platform for your own projects and be nice when you use the Platform. Do not harm the Platform. Otherwise, we will block your access. The Platform and Services are made available to you and provided exclusively for your personal and non-commercial use (you cannot sell or re-sell your rights to access and use the Platform and the Services). You cannot use the Platform in a manner that competes with Cadstrom's activities. To use the Platform, you must register and create a personal user account. You must be at least 16 years old to register and create an account. You will need to submit to Cadstrom personal information such as your name, personal address, email address, phone number and age as well as register a valid credit card. Your account information must be true, accurate, complete and up-to-date at all times. Otherwise, your access to your account may be suspended or terminated automatically and without notice. You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with your account. You agree that you will be solely responsible for activities that occur under your account. If you become aware of any unauthorized activity, whether criminal or illegal, you agree to notify Cadstrom immediately at the following e-mail address: support@cadstrom.io **You are prohibited from and agree not to submit to the Platform any information that is inappropriate, obscene, or fraudulent. You are also prohibited, and you agree to refrain from transmitting or submitting to the Platform any information that you know to be false or misleading. You are prohibited from and you agree not to engage in any activity related to the use of the Platform that constitutes a criminal offence, unlawful action or violation of the Terms of Service and Privacy Policy.** Cadstrom will automatically and without notice suspend your access to the Platform and to its services if Cadstrom has reasonable grounds to believe that your use of the Platform constitutes or is related to any criminal activity, unlawful act, violation of Cadstrom’s Terms of Service, Privacy Policy or Code of Conduct, or attempt to do the foregoing. Cadstrom also reserves the right to transmit automatically and without notice any information that Cadstrom deems relevant (including personal information) to the appropriate authorities to prevent or stop any criminal or unlawful act, especially if the health and/or well-being of the Platform’s users is at risk. You must not use on the Platform any form of destructive software such as viruses, worms, Trojan horses, time bombs, cancelbots or other harmful components, files, programs or computer codes designed to interrupt, destroy or limit the functioning of the Platform. You may not attempt to gain unauthorized access to the Platform, other computer systems or networks connected to the Platform by password extraction or other means; interfere with or disrupt networks or servers connected to the Platform or violate the regulations, policies or procedures of such networks; and use, download or otherwise copy, or provide to a person or entity, the user directory or other user information, or data on the use or any portion thereof for purposes other than those used for the Platform. ## License by Cadstrom > You access and use the Platform and the Services under a limited license from Cadstrom. Subject to these Terms of Service and the terms of your subscription, Cadstrom grants you a non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and the Services. The Platform and the Services are made available to you for your personal and non-commercial use (you cannot sell or re-sell your rights to access and use the Platform and the Services). The Platform and the Services are licensed, not sold. Cadstrom and its licensors own and shall retain all right, title and interest (including without limitation all patent rights, copyrights, trade-mark rights, trade secret rights and all other intellectual property rights), in and to the Platform and the Services and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof, all of which shall be deemed part of the Platform and the Services and subject to all of the provisions of these Terms of Service. Cadstrom reserves all rights, title and interest in and to the Platform and the Services. No rights are granted to you other than as expressly set forth in these Terms of Service. ## Restrictions > Use the Platform for your personal use and do not try to harm, compete with or copy the Platform. You cannot: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or the Services (or any software or data forming part thereof) available to any third party, other than to users; (ii) use the Platform or the Services in violation of applicable laws; (iii) reverse engineer, disassemble, reverse translate, decompile or in any other manner decode the Platform or the Services except to the extent the foregoing restriction is expressly prohibited by applicable law notwithstanding a contractual obligation to the contrary, (iv) unbundle any component of the Platform or the Services, (v) circumvent any user limits, security or authentication measures or other license timing or use restrictions that are built into the Platform or the Services; (vi) build a product or service that is competitive with the Platform or the Service; (vii) modify or create any derivatives of the Platform or the Services or merge all or any part of the Platform or the Service with another program; (viii) make the Platform or the Services available on a server that can be accessed via a public network, such as, for example and without limitation, the Internet, in a manner that allows the Platform or the Services to be copied by any third party; (ix) scan or test the vulnerability of the Platform or the Services, or of the Cadstrom’s systems or networks, disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures Cadstrom has implemented to safeguard the stability of the Platform or the Services; (x) introduce any malicious code to Cadstrom’s systems or to the Platform. ## Comments and Content > Be nice when you post content (including comments) on the Platform, you must comply with our Code of Conduct. We can use and remove your content if we want. You can post comments on the Platform about your experience with Cadstrom's Services and comment on the materials submitted to the Platform by other users of the Platform. Cadstrom may review your comments before or after they are posted, delay or prevent their publication and may even delete them once posted, especially when your comments are likely to cause injury or damage to others or when they contain personal information or material that may be sensitive, illegal or which do not comply with Cadstrom’s Code of Conduct or Cadstrom's recommendations. The purpose of this moderation is to enforce the rules of use of the Platform and to prevent abuse, but does not diminish your responsibility in any way. You must be the author of your content and they must not violate the intellectual property rights of others. The content expressed by a user of the Platform are those of that user and not those of Cadstrom. Cadstrom requires all users of the Platform and its services to be respectful and civilized in their behavior. You are prohibited from posting content that is likely to offend or that may expose an individual or group of individuals to hatred or contempt on the basis of race, origin, color, religion, sex, sexual orientation, age, physical or mental disability or other grounds. Cadstrom strongly recommends that you do not post content containing your personal information. By posting content on the Platform, you grant Cadstrom a royalty-free, irrevocable, perpetual, worldwide and non-exclusive license to publish, reproduce and distribute said content by any means of communication controlled or authorized by Cadstrom, including social media. You hereby waive any moral right you have on or to your published content and you authorize Cadstrom to modify them to make them easier to understand and to identify you as the author of your content. Cadstrom is under no obligation to publish your content or keep them accessible, this decision being at its sole discretion. ## Feedback > We welcome your feedback and we will use it to enhance the Platform and our Services. You may from time to time provide us with feedback including, but not limited to, suitability, problem reports, suggestions and other information with respect to the Platform or the Services. You hereby grant Cadstrom a fully paid-up, royalty-free, worldwide, assignable, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Platform and the Services and any other Cadstrom products or services, or for any other purposes, any feedback provided by you. ## Generated Data > We will compile and use the metadata generated from your use of the Platform to monitor and improve the Platform and the Services. You acknowledge and agree that Cadstrom and the Platform generate, compile, store and use metadata to monitor and improve the Platform and the Services. You hereby grant Cadstrom a non-exclusive, perpetual, royalty free right and license (including the right to sublicense) to gather, organize, aggregate, repurpose, combine and repackage metadata and data incorporating feedback and customer data generated by your use of the Platform and the Services in order to provide maintenance and support for the Platform and the Services, and to monitor and improve the Platform and the Services. ## Indemnification > You will indemnify us if you violate Cadstrom’s Terms of Service, Privacy Policy or Code of Conduct or applicable laws. You agree to defend, indemnify and hold us harmless from all damages and causes of action arising from any of your actions or omissions related to your use of the Platform or the Services, including any violation of Cadstrom’s Terms of Service, Privacy Policy or Code of Conduct or applicable laws or attempt to do the foregoing. Cadstrom disclaims any responsibility or liability that may arise from any act or omission, unlawful content, transmission or upload by a user. ## Disclaimer Clause > Cadstrom is not responsible for your use of the Platform or any damage you may suffer. You acknowledge that you are using the Platform and that you rely on it at your own risk. To the extent permitted by law, Cadstrom disclaims any and all warranties of any kind with respect to the Platform, the Services and the user content available on the Platform, all provided "AS IS", “WHERE IS” and “AS AVAILABLE”. THE PARTIES EXPRESSLY EXCLUDE ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY OF SERVICES RENDERED, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS THOSE ARISING OUT OF APPLICABLE LAW OR OTHERWISE UNDER THE MARKET OR NORMAL COURSE OF BUSINESS. WE DO NOT WARRANT THAT THE PLATFORM WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTION OR BE FREE FROM ERROR. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT CADSTROM IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT OR PUNITIVE DAMAGES OR OTHER TYPES OF DAMAGES (INCLUDING IN PARTICULAR, PROPERTY DAMAGE, LOSS OF INFORMATION, PROGRAMS OR DATA, ECONOMIC LOSSES) ARISING FROM THE USE OF THE PLATFORM, ANY CONTENT PROVIDED, A THIRD PARTY WEBSITE, OR THAT ARISES FROM ANY ACTS OR OMISSIONS OF A USER, THE INABILITY TO USE OR ACCESS THE PLATFORM, WHETHER CADSTROM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH LOSS, OR THAT SUCH DAMAGE OR SUCH LOSS IS REASONABLY FORESEEABLE. YOU ACKNOWLEDGE AND AGREE THAT CADSTROM DOES NOT PROVIDE ENGINEERING OR OTHER PROFESSIONAL SERVICES, BUT RATHER ACTS AS A PLATFORM FOR THE EXCHANGE OF INFORMATION, MATERIAL AND COMMENTS AMONG USERS AND ENTHUSIASTS. YOU ACKNOWLEDGE THAT CADSTROM DOES NOT ACT AS AN ENGINEER OR OTHER PROFESSIONAL. In all cases, you acknowledge that Cadstrom’s total and aggregate liability for such damages that you may claim and that may be granted to you is limited to $1.00 Canadian. ## IT Security > We work hard for the Platform to be secure, but nothing is 100% secure and we are not responsible if there is a security breach. We comply with the applicable law governing the protection of personal information. In addition, we use encryption techniques to protect the confidentiality of the information exchanged between you and our service providers within transactional pages. We also protect information exchanged when the Platform is accessed through a non-secure platform or in a public location, which could endanger the security of your personal information. However, we shall not be held responsible for any damages that you may incur as a result of your access to the Platform under such circumstances. E-mail or telephone communications (including SMS) are neither secure nor confidential. They can be lost or intercepted, in much the same way as communications by other means (for example, by post). No electronic system is completely secure or error-free. We shall not be held responsible for any damages that you may incur from using our Platform or from any exchange of e-mail or electronic messages (including SMS), whether originating from you or from us. You alone are responsible for ensuring the protection and safekeeping of your data when using your computer platforms and devices. ## New Features > New features may be available for testing or long term use, they may also disappear after a while. From time to time, Cadstrom may make available to you new features for evaluation and testing purposes New features may not be expressly designated as new, pilot, limited release, developer preview, non-production, evaluation or by a description of similar import although available to you. New Features may be subject to additional terms of access and use. During or after evaluation and testing, we may discontinue new features at any time in our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with any new feature during the evaluation and testing period. ## Equipment > You must have the right equipment and connection to use and access the Platform. Access to the Platform and the Services can only be made through an Internet network and requires a prior connection to said network. You are solely responsible for acquiring, servicing, maintaining and updating all equipment, computers, software and communications services (such as Internet access) that are required to access and use the Platform and the Services and for all expenses relating thereto. We may from time to time and without prior notice change the minimum requirements applicable to the access and use of the Platform and the Services. You are solely responsible to ensure that your equipment, computers, software and communications services need the minimum requirements. ## Trademarks and Intellectual Property > The Platform and its content, other than your content, is ours. Do not steal it. All web content (including text, illustrations, graphics, images, photographs, audio and video clips, software and codes), other than user content, available on the Platform (collectively, the "Content"), including the manner in which the Content is presented, is protected by Canadian and foreign laws, notably under copyright law, and belongs to Cadstrom. You are prohibited from: i) using, reproducing, modifying, adapting, translating, downloading or transmitting the Content, in whole or in part, or otherwise permit access; ii) modifying, removing or covering any trademark or property notice included in or on the Content or the Platform; and iii) decompiling, disassembling, decrypting, extracting the Platform or performing reverse engineering on the Platform or their components, including, but not limited to, software, or assist anyone in doing the foregoing. Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Platform may be trademarks belonging to Cadstrom, our service providers or used with the consent of third party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Platform. Trademarks and the information contained on the Platform, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent. ## User Content > We do not own user content and are not responsible it. User content is information, content and materials that users of the Platform have uploaded to, posted or shared on our Platform. It is stored both in its original form, and in some cases also converted to proprietary internal formats in whole or in part as needed by our system. We make no representation and give no warranty with respect to the content uploaded to, posted or shared on our Platform by users, including but not limited to ownership and non-infringement. Cadstrom does not own or purport to own any content uploaded to, posted or shared on our Platform by users, including you. Cadstrom acknowledges and agrees that the content uploaded to, posted or shared on our Platform by users remain the property of the applicable user and its licensor (as the case may be). Uploading, posting or sharing user content on the Platform shall not be deemed to transfer any intellectual property rights to anyone. Each user retains full ownership of the content when uploaded to, posted or shared on our Platform. You may choose to license your content to users under the terms of your choice. We will make a good-faith effort to display any relevant license information and notices regarding user content on the Platform. Users may also upload to, post or share on our Platform content that is made available to them under license. **IMPORTANT**: When uploading, posting or sharing content on our Platform, you grant Cadstrom a limited, fully paid-up, royalty-free, non-exclusive and non-transferable right and license to access, use, display, distribute, display, publish, show and process the content on or via the Platform and as part of the Services. The foregoing right and license includes the right to grant licenses to access and use the content to other users of the Platform in accordance with the parameters chosen by you. For example, if the content is uploaded to the Platform as part of a private “Project”, only those users who are privy to said private “Project” will have access and will be entitled to use the relevant content. The foregoing right and license will expire when you decide to delete it from the Platform. All user content is made publicly available to users with and without accounts unless explicitly marked as private, which is a paid feature under our subscription plans. User content is uploaded into “Projects”, and notice that the content is public or private is provided at project creation time. ## Reports > The Platform generates reports. We own the reports but you can use them when you access the Platform and in connection with your user content. Your usage of certain Services and features of the Platform, like the Inspector service, may produce software output such as reports, analysis, data, tables, charts and similar information or content generated by the Platform and the Services (“Reports”). Reports are made available to you on the Platform for your benefit and use. All right, title and interest in and to all Reports and all intellectual property rights therein belong to Cadstrom. However, Cadstrom grants users a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use the Reports when they access and use the Platform and in connection with the user content the Reports were generated from. ## Subscription and Payments > The Platform can be accessed for free, but some features and functionalities require a paying subscription. The Platform can be accessed for free. You may also prefer to subscribe to a paying account or to upgrade your free account to a paying account in order to benefit from additional Services, features and functionalities available on the Platform. When you create your account with Cadstrom on the Platform, you will be asked to chose what subscription you want. By selecting a subscription, you agree to pay the subscription fee that comes with the selected subscription in accordance with the payment terms set forth on the Platform and in these Terms of Service. By subscribing, purchasing or using the Services through your user account, you agree to these Terms of Service and are personally responsible for paying all applicable fees and taxes in full in accordance with the Terms of Service and applicable laws. By making a purchase on the Platform, you represent and warrant that you are of legal age to enter into an enforceable contract in the jurisdiction where you reside. You can pay for your transaction using a credit card issued in Canada by Visa™, MasterCard™ or American Express™. The subscription and Services retained via your account are paid for using the credit card applicable to your account or by pre-authorized debit directly from your bank account when payment is due. In accordance with applicable laws, the applicable sales taxes will be applied to transactions carried out by you on the transactional pages of the Platform. Rates and availability are subject to change without notice. The errors found will be corrected quickly after being brought to our attention. Your purchase of subscription and Services via the Platform is subject to the Terms of Service and the Privacy Policy. ## Transaction > You can pay by credit card and we will send you a receipt. You can pay for your transaction using a credit card issued in Canada by Visa™, MasterCard™ or American Express™. The subscription and Services retained via your account are paid for using the credit card applicable to your account or by pre-authorized debit directly from your bank account when payment is due. In accordance with applicable laws, the applicable sales taxes will be applied to transactions carried out by you on the transactional pages of the Platform. Billing will be conducted at the time of the online purchase. Once your transaction is finalized, we verify the validity of the information you have provided us, including your payment method. We reserve the right to stop the transaction without any obligation to provide justification. If we stop your transaction, we will notify you by e-mail to the address you provided us. Generally, when we stop a transaction, we do not apply the amount to your credit card. Should this not be the case, we will refund the amount or we will ensure that an equivalent credit is credited to your credit card. Once your transaction is finalized and validated, Cadstrom sends you a confirmation e-mail detailing all the terms and conditions applicable to the services retained and rendered. This confirmation e-mail constitutes a copy of the contract. It contains the description of the transaction performed and all the terms and conditions applicable to the services. ## Social Media Platforms > If you access the Platform from a social media platform, follow their own terms of service. Certain pages of the Platform may be accessible through the following social media platforms: Facebook, Instagram, Twitter, YouTube and LinkedIn. Before consulting or using our Platform through these social media platforms, you must read and comply with their respective terms of use and privacy policy. ## Governing Law > We are based in Quebec (Canada) and these terms are governed by Quebec and Canadian laws. These Terms of Service are governed by and construed in accordance with the laws of the Province of Quebec, Canada and of the laws of Canada applicable therein without regard to its choice of law or conflicts of law principles. You agree that any dispute arising out of, or in connection with, the use of the Platform or its services is to be submitted to a Quebec court of competent jurisdiction in the district of Montreal, Province of Quebec. ## Entire Agreement > These Terms of Service is the agreement between us. These Terms of Service constitute the entire agreement between you and Cadstrom regarding your use of the Platform, Services and any other subject matter herein, and they replace any previous agreement, representation, warranty or understanding, whether verbal or written, express or implied, in this regard. If any portion of these Terms of Service is declared or held unlawful, invalid, or unenforceable, then such portion of these Terms of Service shall be deemed severed and shall not affect the validity or enforceability of the remainder of these Terms of Service. These Terms of Service are binding upon and shall enure to the benefit of both parties and their respective heirs, agents, legal representatives, assignees, successors (including any successor resulting from a merger or other statutory arrangement) and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise without our prior written consent, which consent shall be at our sole discretion.
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