Last updated on: April 20, 2018
Effective as of: May 20, 2018
These terms and conditions (“Terms of Service”) represent the contract between you and Senvee Inc (“Senvee”, “our”, “we”). By using the enchant.com platform (“Service”), you agree to be bound by the Terms of Service.
If you are accepting the Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and affiliates to the Terms of Service.
Senvee reserves the right to update and change the Terms of Service by posting changes to the enchant.com website (“Site”). Continued use of the Service after such changes become effective constitutes consent to such changes. You can review the current version of the Terms of Service at any time at https://www.enchant.com/terms.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Service, you must register for an Enchant account (“Account”) by providing your full legal name, current address, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
Every Account has a designated account owner (“Account Owner”). You acknowledge that Senvee will use the email address provided for the login for the Account Owner as the primary method for communication and notices.
You are responsible for maintaining the security of your password. Senvee will not be liable for any loss or damages from your failure to maintain the security of your Account and password.
One person or legal entity may not maintain more than one free account.
You may not share login credentials to the Service (identified by a unique email and password) among multiple individuals. You may create separate logins for as many people as you’d like.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You acknowledge and agree that Senvee may amend these Terms of Service at any time by posting the relevant amended Terms of Service on the enchant.com website, available at https://www.enchant.com/terms. Your continued use of the Service after the amended Terms of Service are effective (as stated on the top of the posted terms) constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.
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 Senvee.
You agree not to use the Service to transmit unsolicited commercial electronic messages or spam.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Senvee employee or officer will result in immediate account termination.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
We claim no intellectual property rights over the Materials you provide to the Service.
Senvee owns all right, title, interest and intellectual property rights in and to the Site and the Service. We may make software components available, via app stores or other channels, as part of the Service. We grant you a non-sublicensable, non-transferable, non-exclusive, limited license to use these components, but solely as necessary to use the Service and in accordance with the Terms of Service. All of our rights not expressly granted by this license are hereby retained.
Providing any suggestions, enhancement requests, recommendations, corrections or other feedback (collectively, “Feedback”) is strictly voluntary. If you provide any Feedback to Senvee, orally or in writing, you hereby grant Senvee a worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free license to use and incorporate into the Service any Feedback relating to the Service or Site.
We reserve the right to modify, suspend or terminate the Service for any reason, without notice, at any time. Furthermore, violation of any of the terms specified in the Terms of Service will result in the termination of your account.
We reserve the right to refuse service to anyone, for any reason, at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the Materials uploaded or posted through the Service, violate these Terms of Service or are objectionable.
You agree that Senvee shall have the non-exclusive right and license to use your name and logo to promote the Service. You also agree that Senvee may (but is under no obligation to): (i) issue a press release identifying you as a Senvee customer; (ii) inform other potential customers that you are a user of the Services; and (iii) identify you as a customer in other forms of publicity, including, without limitation, case studies, blog posts, and the like.
A valid credit card is required for paying accounts. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused moths. In order to treat everyone equally, no exceptions will be made.
An upgrade from the free trial to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
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. You agree to pay for any such taxes that might be applicable to your use of the Service.
If we are not able to process payment of fees using the provided credit card, we may suspend and revoke access to your Account. If outstanding fees remain unpaid for thirty (30) days, Senvee reserves the right to terminate your Account.
Senvee may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Service or the Site is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Senvee has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on the Service or the Site, or the integration or enabling of such Third Party Services with the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Senvee. Senvee does not guarantee the availability of Third Party Services and you acknowledge that Senvee may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Senvee is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Senvee strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
If you install or enable a Third Party Service for use with the Service, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Service, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Senvee is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
You may access the Service via the Application Programming Interface (“API”). Any use of the API, including use of the API through a third party product or service that accesses the Service, is bound by the Terms of Service.
You expressly understand and agree that Senvee will not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. Senvee, in its sole discretion, will determine abuse or excessive usage of the API. We may also throttle your usage of the API at our discretion.
We provide image and data hosting for usage with functionality of the Service. You will not host images on our servers for any other purpose (like use on an external website).
You are solely responsible for properly cancelling 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 billing link in the admin area of your account. The billing page provides a link to a cancellation form.
All of your Materials will be scheduled for deletion from the Service upon 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. There will not be any prorated refunds of unused time in the last billing cycle.
Senvee reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon thirty (30) days notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself.
Senvee shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
You agree to indemnify and hold Senvee, its parents, subsidiaries, affiliates, officers, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your use of a Third Party Service, use of your Account by any third party, the violation of the Terms Of Service by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Senvee does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Senvee does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
IN NO EVENT WILL SENVEE’S TOTAL, AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) ANY PART OF THE SERVICE EXCEED THE TOTAL AMOUNT YOU ACTUALLY PAID TO SENVEE IN SUBSCRIPTION FEES FOR THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE ACCRUAL OF THE FIRST CLAIM. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION.
IN NO EVENT WILL SENVEE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PARTY ACKNOWLEDGES AND AGREES THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THIS TERMS OF SERVICE BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION FEES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF SENVEE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. SENVEE HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE CUSTOMER THE RIGHTS TO ACCESS AND USE THE SERVICE AND PROFESSIONAL SERVICES PROVIDED FOR IN THIS TERMS OF SERVICE AT THE CHARGES AGREED TO BY THE PARTIES.
The failure of Senvee to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of this Terms of Service is held by a court of competent jurisdiction to be contrary to law, the provision will be removed or edited as little as needed, and the remaining provisions of this Terms of Service will remain in full effect.
Even if the Terms of Service is terminated, the following sections will continue to apply: Copyright and Content Ownership, Waiver and Complete Agreement, No Warranties, Limitation of Liability, Indemnification, Severability, Jurisdiction.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to its conflict of law provisions or your actual state, province or country of residence. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
The parties are independent contractors. This Terms of Service does not create a partnership, franchise, joint venture, agency, and fiduciary or employment relationship between the parties. Nothing in this Terms of Service will be construed to prevent Senvee from marketing, licensing, selling or otherwise providing Service to any third party. Nothing in this Terms of Service will be construed to prevent the you from obtaining services similar to the Service from a third party.
There are no third-party beneficiaries under this Terms of Service.