Terms and Conditions
The present terms and conditions govern the access and use of the Obkio inc. (“Obkio”) services subscribed by the customer (the “Customer”) as well as the creation of an account or multiple accounts and the sale of products or services offered currently or in the future by Obkio (collectively the “Services”).
For the sake of the present terms and conditions and during the course of the Services, the following accounts shall be applicable: i) the user account created by the Customer for the trial period for which an email and password are to be provided in order to access the Obkio application (the “User Account”) and/or ii) the detailed customer account which is required in order to activate paid Services, the billing process, the selection of the applicable Services as well as the addition of representatives or access codes (the “Organization Account”) (the User Account and the Organization Account are sometimes referred to as the “Accounts”).
Unless otherwise specified, all material and content related to the Services and the present website is the property of Obkio.
Each time the Customer use the Services or access the Accounts, the Customer certifies that all the representatives agree to be bound by these terms and conditions, and such representatives represent and warrant that they hold the legal authority to agree to these terms and conditions personally and on behalf ofthe Customer.
Services and Payment Terms
Upon the creation of an Account and the acceptance of the present terms and conditions, Obkio shall provide the Services for the Customer’s internal business purposes in accordance with the subscription selected by the Customer. The Services cannot be used in an illegal manner or in a manner that is inconsistent with the present terms. The Services and any attached material provided by Obkio cannot be modified in any way.
The prices and features of the Services depend on the subscription selected. Obkio reserves the right to change the prices or to modify the features and options to a particular subscription plan without notice. Customer shall pay to Obkio all fees associated with the subscription plan. The payments are non-refundable and are pre-paid by the Customer at the beginning of the billing cycle. In order to receive the Services, the Customer shall use Obkio Hardware or Software Agents (the “Agents”). At the Customer’s discretion, the Customer shall order Hardware Agent devices at a one-time fee or install the Software Agents on their computer infrastructure. The Software Agent and the software running on the Hardware Agent device is always owned by Obkio. Obkio does not guarantee any stock availability of the Hardware Agent devices. The Hardware Agent device, once paid, is entirely owned by the Customer and does not have to be returned to Obkio upon the termination of the Services.
If the Customer purchases a Hardware Agent device, the functionality of the Hardware Agent device shall be guaranteed for a period of 90 days following its purchase (the “Guarantee Period”) provided that the Customer has not modified or altered, in any way, the Hardware Agent device and that the Customer is not in default under the terms hereto. Upon an acceptable replacement request from the Customer within the Guarantee Period, Obkio shall, at its discretion, either repair the Hardware Agent device or replace the Hardware Agent with a new device.
Information and Privacy
Obkio has no obligation to monitor the access or use of the Accounts. However, Obkio has the right to proceed with such monitoring for the purpose of operating or improving the Services (including, fraud prevention, customer support, and analytics) or to ensure the compliance with the present terms and conditions.
Obkio may access and preserve any and all information contained in the Accounts.
Any and all information or data collected during the course of the Services shall be available to Obkio and the latter shall be entitled to use such information and data without prior notice or authorization from the Customer. The information and data collected belong to Obkio. Obkio shall continue to have access to the information and data collected during the course of the Services even after the termination of the Services. Such data can be circulated at any time by Obkio to other customers or third party or published on social media such data on a nameless basis (without any specific mention of any corporation).
Obkio reserves the right to modify or amend the present terms and conditions from time-to-time to reflect changes in the law or to the Services. Obkio will reflect such changes in a revised version of the terms and conditions accessible on the Obkio website.
Communications and Notices
All communications and notices by Obkio shall be provided electronically including by e-mail, in-app notifications, or by posting them on the website or through any Services (the “Communications”). The Customer agrees that all Communications that we provide to you electronically satisfy any legal requirement that such Communications be in writing and you agree to keep your account contact information current.
In order to authorize and facilitate payment of the Services and the creation of the Organization Account, the Customer is required to provide certain information, upon the creation of the Organization Account, including, payment authorization, identification data, credit card information, etc. (the “Payment Information”). The Payment Information is automatically sent to a third party in order to process the payment during the Services and Obkio shall not, for the duration of the Services, have any access to the Payment Information or store the Payment Information. The Customer recognizes and accepts that the payment is operated by third party independent organizations that are not agents or employees of Obkio.
By completing the creation of the Organization Account and by entering the Payment Information, the Customer authorizes Obkio or its agent to charge the associated subscription plan payment on the recurring basis detailed in the subscription plan, any and all applicable taxes as well as any and all other charges in connection with the Customer’s use of the Services including, the one-time Hardware Agent device purchase fee. When i) a billing cycle covers less or more than a full monthor ii) the Services or subscription plan are changed by the Customer within a billing cycle, Obkio may make the reasonable adjustments. Obkio will provide billing in the format chosen that may change from time to time. Obkio reserves the right to correct any errors on a prior invoice. Customer must notify Obkio of any billing errors or discrepancies within 30 days of the payment. At the expiration of such period, the Customer is deemed to have accepted the invoice in its entirety. Customer is solely responsible to maintain the Customer Account with current Payment Information in order for Obkio to receive payment of the Services. Customer is solely responsible for the acts and omissions of the individuals whom access the Accounts whether authorized or not.
All fees associated with the Services shall be charged in the currency selected by the Customer. Obkio reserves the right to impose a currency applicable for a specific subscription plan.
All payments made under the Services are subject to the applicable taxes, duties or similar government assessments (the “Taxes”). The Customer is responsible for the Taxes and cannot deduct such payment from the payment of the Services.
Customer hereby represents and warrants to Obkio that: (a) it is responsible for all use of the Services associated with the Accounts; (b) it is solely responsible for maintaining the confidentiality of the Accountsnameand password(s); (c) it agrees to immediately notify Obkio of any unauthorized use of the Accountsof which it becomes aware; (d) it agrees that Obkio will not be liable for any losses incurred as a result of a third party's use of the Accounts, regardless of whether such use is with or without its knowledge and consent; and (e) any information it submits to Obkio istrue, accurate, and correct.
Termination or Modification of the Services
The Services are automatically renewed unless otherwise noted. The Services shall be terminated if i) the Customer terminated the Accounts or ii) Obkio declines to renew the Services or iii) the Customer is in default herein.
Furthermore, if the Customer i) commits illegal activities, ii) violates third party rights, iii) interferes with any other party’s use of the Services, iv) attempts to impersonate another person or v) makes false representations to Obkio, Obkio shall have the right to terminate the access to the Accounts and the Services.
If the Customer fails to respect his payment obligations, Obkio shall inform the Customer of such default and attempt to proceed, again, with the automatic payment. If such second attempt fails, Obkio shall notify, with a second notice, the Customer (the “Second Notice”). The Customer shall have 5 calendar days from the Second Notice to correct the Payment Information andto proceed with the defaulted payment. Upon expiration of such delay, Obkio reserves the right to suspend the Services. Furthermore, Obkio reserves the right to terminate the Services and the Accounts upon the expiration of a 10 calendar day’s period following the suspension date.
The Customer may terminate the Services at any time upon access to the Accounts. The Services shall then automatically terminate upon such termination request by the Customer. Any prepaid Services for the applicable billing cycle is nonrefundable.
Upon the termination, the Customer shall remain liable for any amounts accrued before the termination date that remain unpaid as well as any liability towards Obkio accrued before the termination date. Any and all provisions hereto that by their essence must survive the termination will survive.
The Customer may modify the Services at any time upon access to the Accounts. The Services shall automatically change upon such Customer request. If it appears that the modification results that the new Services are of a lesser value then the prior Services, Obkio shall not refund the difference of the Services for the applicable billing cycle.
Warranties and Limitation of Liability
The Services, Agents and website are provided “as is” and “as available”. The Customer’s use of the Services and Agents shall be at its sole risk. Obkio and its respective officers, directors, employees, shareholders and agents, (collectively “Obkio Parties”): (a) makes no additional representation or warranty of any kind whether express or implied, as to any matter whatsoever; (b) expressly disclaims all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, and title; and (c) does not warrant that the Services, Agents, documentation, or websiteare or will be error-free, will meet your requirements, or be timely or secure. The Customer will be solely responsible for any damage resulting from the use of the Services, the Agents, documentation, or website. Obkio will not, under any circumstances, be liable for any consequential, incidental, special, cover, punitive or exemplary damages arising out of or related to the transactions contemplated under these terms, including, but not limited to, goodwill, work stoppage, lost profits or loss of business.
In no event shall the Obkio Parties be liable to the Customer for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (a) use of the website, Accounts, documentation, Agents or Services; (b) errors, mistakes, or inaccuracies of content; (c) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website, Accounts, Agents, documentation, or Services; (d) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein; (e) any interruption or cessation of transmission to or from our servers; (f) any bugs, viruses, trojan horses, or the like, which may be transmitted to or throughthe website, Agents, Accounts,documentation, or Services by any third party; (g) any loss of your data or content from the website, Accounts, Agents, documentation, or Services; or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the website, Agents, documentation or Services.
Obkio is available through normal business hours (9hAM to 5hPM M-F) for any Customer support or inquiry regarding the Services. Customer must connect with Obkio through the chat or email address provided for in the Accounts.
The Services, the Software Agent, the Hardware Agent, any and all software within the Hardware Agent, the present terms and conditions, the Obkio website and any associated material or intellectual property are protected by law solely owned by Obkio. As such, all trademarks, service marks, logos, taglines or otherwise displayed on the Obkio website registered or unregistered are owned by Obkio and no rights or licenses are granted to the Customer.
These terms and conditions are governed solely by the laws of Québec, Canada, and the applicable federal laws of Canada, excluding any rules of private international law or conflict of laws which would result in the application of other laws. Any dispute, between Obkio and the Customer, arising from, connected with or relating to Services, these terms and conditions or any other related issue will be resolved before the courts of Québec, in the city of Montréal, Québec, in Canada, and the Customer hereby irrevocably acknowledge the exclusive competence of these courts with respect to any dispute.
These terms and conditions and any document to which it is expressly referred to, constitute the entire agreement between the Customer and Obkio on issues which are the subject hereof or regarding the Services, and replace any contract, negotiation, discussion or earlier agreement, of any nature whatsoever.
Invalidity of a Provision
If any provision of these terms and conditions is illegal, void, or for any reason whatsoever unenforceable, then the provision will be considered separate from these terms and conditions and will not affect the validity or enforceability of the remaining provisions.
Last Revision: 2018-11-08