This Software as a Service (SaaS) and End User Licensing Agreement ("Agreement") is entered into by and between Artisentio Codeworx Studio Ltd. ("Company") and the User ("User" or "You") for use of the Company's cloud-based application Your Wealth and Retirement Planner! as well as its associated iOS and Android applications and any downloadable components ("App") by the User. By using the App, You agree to be bound by the terms and conditions of this Agreement.
Although the Company has taken every reasonable effort to verify and validate the code, as well as the algorithms and formulas used to generate the charts, graphs, calulations and associated results, and other information and output provided by the App ("Output"), the App and its output is provided as is with no guarantees. Therefore:
Verification of Calculations and Information: You must independently verify the accuracy of the Output provided by the App before taking any action(s) or making any decision(s) based on the Output.
Consultation with Professionals: The Output, however it may be presented or worded, does not constitute professional advice, including but not limited to financial, investment, or legal guidance. The User acknowledges that they should consult qualified professionals before making any decisions or taking action based on the Output. If the User chooses not to seek professional advice, they do so at their own risk and have no recourse.
Actions taken: Any actions taken or decisions whatsoever made by You based on the Output are solely Your responsibility.
No Guarantees: The App is provided "as is" without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company makes no representations or warranties regarding the suitability, reliability, availability, timeliness, accuracy, or uninterrupted operation of the App. The entire risk arising from the use or performance of the App remains with You.
No Professional Advice: The App is not intended to replace professional advice, whether financial, investment, legal, or otherwise.
Liability: The Company shall not be liable for any loss or damage, whether direct or indirect, arising from Your use of the App or reliance on the Output.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages (including direct, indirect, incidental, consequential, exemplary, and punitive damages), losses, costs, expenses, or fees (including reasonable attorneys' fees and costs of investigation) arising out of or related to: (i) Your access to or use of the App; (ii) Your breach or alleged breach of this Agreement; (iii) Your violation of any applicable law, regulation, or third-party rights; or (iv) Any act or omission by you that results in harm to the Company or any third party, whether such harm is direct or indirect, foreseeable or unforeseeable.
Liability Cap: In no event shall the Company’s total liability to You for all damages, losses, and causes of action exceed the greater of $50 or the amount paid by You in the last twelve (12) months use of the app.
Waiver of Consequential Damages: The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, financial losses, loss of profits, data, use, goodwill, or other intangible losses, resulting from Your use of the App or any reliance on the information provided, regardless of whether such damages arise from our negligence or otherwise.
Service Availability: The Company does not guarantee that the App will be available at all times. The App may be subject to temporary interruptions due to scheduled maintenance, upgrades, or other unforeseen issues.
Maintenance: The Company reserves the right to perform necessary maintenance on the App, which may result in temporary service outages. The Company will strive to notify Users of any scheduled maintenance in advance when possible.
Data Responsibility: The Company is not responsible for any data that You decide to upload, input, or otherwise include as part of your use of the App. It is Your responsibility to ensure that any data input into the App is non-sensitive and does not include any confidential information. Always assume what you upload could become public knowledge.
Notification of Breaches: While the Company takes reasonable steps to secure the App and its data, in the event of a data breach, the Company's sole responsibility shall be to notify those affected in accordance with applicable laws. The Company shall not be liable for any other consequences arising from such breaches.
Ownership: The Company retains all rights, title, and interest in and to the App, including all intellectual property rights. This Agreement does not grant You any ownership rights in the App.
License: Subject to the terms and conditions of this Agreement, the Company grants You a limited, non-exclusive, non-transferable revocable license to access and use the App for Your personal, non-commercial use.
The Company shall handle and process any personal data in accordance with its Privacy Policy, which is incorporated by reference into this Agreement. By using the App, You consent to such processing and agree to comply with all applicable data protection laws. For more information, please review our Privacy Policy .
Any disputes, controversies, or claims arising out of or in connection with this Agreement, including its validity, interpretation, breach, termination, or enforcement, shall be resolved exclusively by arbitration in accordance with the Arbitration Act, 1991 (Ontario). The arbitration shall be administered by an Arbitration Institution selected by the Company and pursuant to its applicable rules and procedures. The arbitration shall be conducted in Canada's Province of Ontario, and the seat of arbitration shall be Toronto, Ontario. The arbitration proceedings shall be conducted in the English language. The arbitration shall be conducted by a single arbitrator. The arbitrator(s) shall be selected in accordance with the procedures set forth by an arbitration institution selected by the Company. If the parties fail to agree on an arbitrator within 5 days, an arbitrator shall be appointed by the arbitration institution selected and in accordance with its rules. The arbitrator shall apply the substantive laws of the Province of Ontario and the applicable federal laws of Canada to resolve any disputes. The arbitrator shall have no authority to award punitive damages or any other damages expressly prohibited by this Agreement. Each party shall bear its own legal fees and expenses related to the arbitration. A party cancelling an arbitration hearing shall bear all costs related to the cancellation. The costs and expenses of the arbitration proceedings, including the fees of the arbitrator, except as a result of cancellation, shall be borne as determined by the arbitrator in the final award. The arbitral award shall be final and binding upon the parties. Judgment on the award may be entered in any court having jurisdiction in Ontario. The parties waive any right to appeal, except as permitted under the Arbitration Act, 1991 (Ontario). All arbitration proceedings, including documents, testimony, and evidence presented, shall be kept strictly confidential and shall not be disclosed to any third party, except as required by law or necessary to enforce the arbitral award.
The Company shall not be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters (including earthquakes, floods, fires, or hurricanes), war, civil unrest, terrorism, labor strikes or lockouts, pandemics, epidemics, governmental regulations or restrictions, embargoes, supply chain disruptions, power failures, and any other unforeseen events beyond the reasonable control of the Company.
Users agree not to use the App for any unlawful, harmful, or prohibited purposes. The Company reserves the right to terminate access to the App for Users who violate this Agreement or engage in prohibited conduct, including but not limited to:
Subscriptions to the App are billed either on an annual or monthly basis in advance. Users may cancel their subscriptions at any time; however, no refunds will be provided for any remaining portion of the subscription period. After cancellation, Users will retain access to the App until the end of the period they have paid for (e.g., an annual subscription from January to December remains active until December 31; a monthly subscription from January 15 to February 14 remains active until February 14). The subscription will not automatically renew after the current period expires. The Company reserves the right to change subscription fees at any time, with notice provided to Users in advance.
Evaluation Period: By using the App, the User acknowledges that they have been provided a trial period or an opportunity to evaluate the App's functionality and suitability before making a purchase or entering into a paid subscription. The User agrees that the trial period was sufficient to assess the App and make an informed decision regarding its use.
Waiver of Trial Period: If the User chooses not to take advantage of the available trial period before purchasing or subscribing to the App, they acknowledge that the decision was made at their own discretion. The User agrees that foregoing the trial period does not grant them any right to seek refunds, chargebacks, or reimbursements. Regardless of whether the User opted for the trial period or not, all payments made for the App are final and non-refundable.
No Refund Policy: The Company does not offer refunds, chargebacks, or reimbursements under any circumstances, including but not limited to:
Finality of Transactions: The User expressly waives any right to dispute payments, request refunds, or seek financial recourse after purchasing or subscribing to the App. The Company is not responsible for any costs incurred due to the User's decision not to utilize the trial period or fully evaluate the App prior to purchase.
Termination by the Company for Violation of Agreement: The Company reserves the right to terminate the User’s access to the App, without prior notice, if the User violates the terms of this Agreement or engages in prohibited conduct. In such cases, the User shall not be entitled to any refund, reimbursement, or compensation for any remaining subscription period. Termination under this clause does not waive any other rights or remedies the Company may have under applicable law, including but not limited to claims for damages or injunctive relief.
Termination by the Company for Other Reasons: If the Company terminates the User’s subscription for reasons not related to a violation of this Agreement, the User shall receive a pro-rated refund for the remaining months of their subscription after the current billing month, up to the end of the agreement term. The refund amount shall be calculated based on the unused portion of the subscription period.
Effect of Termination: Upon termination, the User must cease all use of the App, and any licenses granted to the User under this Agreement shall immediately be revoked. The Company shall not be responsible for any data loss, service interruptions, or inability to access content due to termination.
The Company reserves the right to modify, suspend, or discontinue the App or any part thereof with or without notice. The Company shall not be liable to Users or any third party for any such modification, suspension, or discontinuance.
Any feedback, suggestions, or ideas provided by You to the Company regarding the App may be used by the Company without any obligation to You, and You hereby grant the Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback in any manner.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral, with respect to the subject matter hereof.
The Company may assign its rights and obligations under this Agreement without Your consent. You may not assign Your rights and obligations under this Agreement without the prior written consent of the Company.
The Company performs regular data backups and will take reasonable steps to restore lost or corrupted data. However, the Company does not guarantee that all data can be recovered in the event of a system failure.
Service Availability: The Company is committed to maintaining the App’s availability and delivering a seamless user experience. However, there may be instances where scheduled maintenance or unforeseen events affect service uptime. While we strive to minimize disruptions, some downtime may be necessary. In such cases, we will make every effort to provide advance notice via email communication. In the event of unexpected service interruptions, we will keep users informed with timely updates.
Support Response Times: The Company aims to respond to customer support inquiries within 48 hours during business days.
Users agree to comply with all applicable laws and regulations while using the App. The Company shall comply with relevant data protection laws, including but not limited to GDPR and CCPA, as applicable.
Cookies Policy: The Company uses cookies and tracking technologies to enhance user experience and analyze site usage. By using the App, You consent to the use of cookies in accordance with the Company’s Cookies Policy.
Opt-Out Options: Users may opt-out of certain tracking by following the instructions provided in the Cookies Policy.
The App may integrate with third-party services, including but not limited to Plaid Inc. (“Plaid”), to enable certain features such as financial data aggregation. By using the App, you expressly authorize the Company and its third-party service providers to access and transmit your financial data from relevant institutions on your behalf.
Use of Plaid’s services is subject to Plaid’s Terms of Use and Privacy Policy. You acknowledge and agree that the Company is not responsible for the accuracy, completeness, or timeliness of data provided by Plaid or any other third-party service.
The Company makes no representations or warranties regarding third-party services and disclaims all liability arising from their use. You agree to indemnify and hold harmless the Company from any claims, damages, or liabilities resulting from your use of third-party services, including but not limited to Plaid.
The Company will use data obtained via third-party services solely for the purpose of providing services within the App, in accordance with applicable privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any relevant provincial legislation.
Any disputes arising from the use of third-party services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, and shall be resolved according to these terms and conditions.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be delivered by email to the email address provided by the User or as specified by the Company.
The headings in this Agreement are for reference only and do not affect the meaning or interpretation of the Agreement.
The Company will retain Your data for as long as necessary to provide the services. You may request the deletion of Your data at any time by contacting [####### Your Contact Information]. The Company will delete such data as soon as reasonably practicable, except as required to be retained for legal or regulatory purposes.
The Company may provide updates, upgrades, or new versions of the App. Any such updates will be governed by this Agreement unless accompanied by a separate license agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
The Company reserves the right to modify this Agreement at any time. Any changes will be effective immediately upon posting the revised Agreement. Your continued use of the App following any changes constitutes Your acceptance of the revised Agreement.
The App may collect certain data about Your usage, including but not limited to performance metrics and usage patterns. This data is used to improve the App and provide a better user experience. By using the App, You consent to this data collection.
The Company's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This application includes many open source App components. By using this application, you agree to comply with the terms of the respective open source licenses for these components. For more information, please refer to the documentation provided with this application: "Open Source App Credits"
You agree to comply with all applicable export control laws and regulations and not to export, re-export, transfer, or make available the App to any prohibited destination or person.
This Agreement does not create any partnership, joint venture, agency, or employment relationship between You and the Company. Neither party has the authority to bind the other in any respect.
If you have any questions or concerns regarding this Agreement, please contact us at:
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