Terms & Conditions
Software Service Agreement and Acceptable Use Policy
This license permits you (LICENSEE) to use the software (MIVOsoftware Inc.) services under the specific terms of this agreement. Ownership of the software including the programs, documentation, and any other materials provided with the program, and any components thereof ("LICENSED SOFTWARE") remains with MIVOsoftware Inc. ("LICENSOR"). No part of Software, website or content Content therein may be copied or reproduced without writTen consent by MIVOsoftware Inc. We are not liable for use of any information or materials on this website, all are used entirely at own risk of LICENSEE. Any products, services or information available through this website will be the responsibility of LICENSEE to ensure specific requirements are met.
Reproduction of this site, contents and material are prohibited. The contents of this website are owned by or licensed to LICENSOR. Such as, but not limited to, the design, layout, look, appearance and graphics. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
As a registered user of this MIVOsoftware Inc., an account ("Account") is established. LICENSEE is solely responsible for maintaining the confidentiality and security of their Account. Do not reveal your Account information to anyone outside your business. LICENSEE is required to notify LICENSOR immediately of any and all security breach(es) of or within their Account. LICENSOR is not responsible for any losses resulting from the unauthorized use of LICENSEE's Account.
LICENSEE is obligated to provide and maintain accurate, complete and up-to-date information upon registering with, LICENSOR. LICENSOR is required to store and use provided Registration Data for maintenance and billing fees relating to LICENSEE's Account.
PAYMENTS, TAXES, AND REFUND POLICY
All payments are required via Credit card transactions on the same subsequent day of each month following the date the LICENSEE submitted their registration. It is required that the LICENSEE provide a valid Credit Card with a limit to cover required monthly fee(s).
All sales are subject to applicable sales tax directly related to the area of purchase and billing address associated to LICENSEE operational business at the tax rate in effect at the time of purchase.
ALL SALES ARE FINAL AND NO REFUNDS ARE APPLICABLE OR AVAILABLE.
Prices are subject to change with the exception of those LICENSEE's who purchased with Beta protection.
All transactions and refunds are processed in Canadian (CAD) funds.
PCI Compliance requirement as well as good practice.
CONTROLLING YOUR PERSONAL INFORMATION
LICENSOR will never sell, distribute or lease personal or corporate information to third parties unless in possession of written permission by the LICENSEE or recorded signing authority or are required to do so by law.
The following are examples of prohibited activities yet not exhaustive. LICENSEES who engage in prohibited activities will have their software use terminated immediately, subsequently forfeiting any pre-paid dollar amounts for services.
- Attempting to use the system to break into, in any form or interfere with the operation of the host computer or any other computer related to MIVOsoftware.
- Attempting to, or accessing data or information of any other MIVOsoftware Inc. user on the system.
- Using the software or service relating to activities considered illegal in your jurisdiction.
- Infringing on the copyright, trademark, or any other intellectual property right of another using or related to MIVOsoftware Inc.
- Sharing login information with people not directly associated with the purchasing company.
LICENSOR employs technology for information protection, including off-site backup and appropriate security practices, but makes no warranty that data is 100% secure or can never be revealed or lost.
BUSINESS PRIVACY CONTENT
This Agreement is not a contract and is only effective until terminated by either LICENSEE or MIVOsoftware Inc. LICENCEE may terminate this Agreement at any time, by notifying MIVOsoftware Inc. in writing. This Agreement will terminate immediately with written notice to LICENSEE from LICENSOR if you fail to comply with any set stated provision within this Agreement.
If any provision within this Agreement is held to be unenforceable, the entirety of this Agreement will remain in effect with the accepted provision omitted. In the event the provision omitted would frustrate the intent of the parties,then this Agreement will immediately terminate.
ADMINISTRATION AND PAYMENT
In addition to the prohibited activities, this agreement may be terminated for the following reasons:
- Failure to pay agreed upon service fee within 7 days of the due date.
- Failure to provide as well as maintain up-to-date contact information to LICENSOR.
- An administrative fee of $75.00 may be charged for required restoration of files in the event the loss was a direct result of inappropriate use.
MODIFICATION OF TERMS
LICENSOR may change or alter these terms and conditions at any time. LICENSEE understands and agrees they have chosen to be bound by stated terms. LICENSEE's only choice recourse, should they choose to discontinue service under any and all new terms, is a pro-rated refund of pre-paid fees.
LIMITS OF LIABILITY
LICENSOR makes no warranty of any kind, expressed or implied, with regard to the program or documentation contained within. Except as outlined above, LICENSOR DISCLAIMS ANY AND ALL PROMISES, REPRESENTATION AND WARRANTIES WITH RESPECT TO THE LICENSED SOFTWARE, INCLUDING THE CONDITION, THE CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY ERRORS OR OTHER LATENT OR PATENT DEFECT, ANY INFRINGEMENT OF ANYONE ELSE'S INTELLECTUAL PROPERTY RIGHTS, ANY NEGLIGENCE, THE MERCHANTABILITY OF THE LICENSED SOFTWARE, AND FITNESS FOR ANY PARTICULAR USE. LICENSOR SHALL NOT BE LIABLE IN ANY EVENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER LOSS) IN CONNECTION WITH OR ARISING OUT OF THE USE OF THIS SOFTWARE. UNDER NO CIRCUMSTANCES SHALL LICENSOR'S LIABILITY EXCEED THE COST PAID FOR THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THIS POSSIBILITY.
ADDITIONALLY, LICENSOR MAKES NO EXPRESS CLAIMS REGARDING SYSTEM AVAILABILITY AND IS NOT LIABLE FOR ANY LOSS THAT CUSTOMER SUFFERS BECAUSE THE SYSTEM WAS NOT AVAILABLE.
Any failure in performance relating to happenings beyond reasonable control, including, yet not limited to, acts of God, war, riot, labour disputes and government requirements, both parties will be rendered excused.
Complete use of MIVOsoftware requires compatible devices, Internet access, and specific external software; may require periodic updates; and may be affected by the performance of each if these individual factors. High-speed Internet access is strongly recommended for use. LICENCEE agrees that these requirements may change and responsibility belongs to the LICENCEE. MIVOsoftware is not part of any other product or offer, and cannot be purchased through any other company or website.
Any action related to this Agreement will be governed by Ontario law and controlling Canadian federal law. Any action or proceeding brought by either party against the other arising out of or related to the Agreement shall be brought only in a Provincial or Federal Court of competent jurisdiction located in the Province and Country of Ontario, Canada. Both parties agree jurisdiction of said courts.
This Agreement is between LICENSEE and LICENSOR relating to MIVOsoftware Inc. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgement, or other communication between the parties relating to its subject matter during the term of this Agreement.