TERMS OF SERVICES
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
Last Revised: 2023-03-11 22:31:22
1. OVERVIEW
This Terms of Service Agreement ("Agreement") is entered into by and
between GraduDate, registered address 1626 246 Stewart Green SW, Calgary, Alberta, T3H3C8, CA
("Company") and you, and is made effective as of the date of your use of this website
https://gradudate.app ("Site") or the GraduDate mobile application ("App") or the date
of electronic acceptance.
This Agreement sets forth the general terms and conditions of your use of the
GraduDate mobile app as well as the products and/or services purchased or accessed through this App (the
"Services").Whether you are simply browsing or using this App or purchase Services, your use of
this App and your electronic acceptance of this Agreement signifies that you have read, understand,
acknowledge and agree to be bound by this Agreement our
Privacy policy. The terms
"we",
"us" or "our" shall refer to Company. The terms "you", "your",
"User" or "customer" shall refer to any individual or entity who accepts this Agreement,
uses our App, has access or uses the Services. Nothing in this Agreement shall be deemed to confer any
third-party rights or benefits.
Company may, in its sole and absolute discretion, change or modify this Agreement,
and any policies or agreements which are incorporated herein, at any time, and such changes or modifications
shall be effective immediately upon posting to this Site. Your use of this App or the Services after such
changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR
CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. ELIGIBILITY
This App and the Services are available only to Users who can form legally binding
contracts under applicable law. By using this App or the Services, you represent and warrant that you are
(i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding
contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services
found under the laws of the Canada or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate
entity, you represent and warrant that you have the legal authority to bind such corporate entity to the
terms and conditions contained in this Agreement, in which case the terms "you", "your",
"User" or "customer" shall refer to such corporate entity. If, after your electronic
acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate
entity, you will be personally responsible for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this App You acknowledge and agree that:
- Your use of this App, including any content you submit, will comply with this Agreement and all
applicable local, state, national and international laws, rules and regulations.
You will not use this App in a manner that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network
hacking or cracking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any
duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this App;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files
or programs designed to, or capable of, using many resources, disrupting, damaging, or limiting the
functionality of any software or hardware.
You will not:
- copy or distribute in any medium any part of this App, except where expressly authorized by Company,
- copy or duplicate this Terms of Services agreement, which was created with the help of the TermsHub Terms & Conditions Generator,
- modify or alter any part of this App or any of its related technologies,
- access Companies Content (as defined below) or User Content through any technology or means other than
through this App itself.
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply
specifically to your use of Companies Content posted to App. Companies Content on this App, including
without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos
and interactive features and the trademarks, service marks and logos contained therein ("Companies
Content"), are owned by or licensed to GraduDate in perpetuity, and are subject to copyright,
trademark, and/or patent protection.
Companies Content is provided to you "as is", "as available"
and "with all faults" for your information and personal, non-commercial use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise
exploited for any purposes whatsoever without the express prior written consent of Company. No right or
license under any copyright, trademark, patent, or other proprietary right or license is granted by this
Agreement.
5. YOUR USE OF USER CONTENT
Some of the features of this App may allow Users to view, post, publish, share, or
manage (a) ideas, opinions, recommendations, or advice ("User Submissions"), or (b) literary,
artistic, musical, or other content, including but not limited to photos and videos (together with User
Submissions, "User Content"). By posting or publishing User Content to this App, you represent
and warrant to Company that (i) you have all necessary rights to distribute User Content via this App or
via the Services, either because you are the author of the User Content and have the right to distribute the
same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to
use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not
violate the rights of any third party.
You agree not to circumvent, disable or otherwise interfere with the
security-related features of this App (including without limitation those features that prevent or restrict
use or copying of any Companies Content or User Content) or enforce limitations on the use of this App, the
Companies Content or the User Content therein.
6. COMPANIES USE OF USER CONTENT
The provisions in this Section apply specifically to Companies use of User Content
posted to App.
You shall be solely responsible for any and all of your User Content or User
Content that is submitted by you, and the consequences of, and requirements for, distributing it.
With Respect to User Submissions, you acknowledge and agree that:
- Your User Submissions are entirely voluntary.
- Your User Submissions do not establish a confidential relationship or obligate Company to treat your
User Submissions as confidential or secret.
- Company has no obligation, either express or implied, to develop or use your User Submissions, and no
compensation is due to you or to anyone else for any intentional or unintentional use of your User
Submissions.
Company shall own exclusive rights (including all intellectual property and
other proprietary rights) to any User Submissions posted to this App, and shall be entitled to the
unrestricted use and dissemination of any User Submissions posted to this App for any purpose,
commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
With Respect to User Content, by posting or publishing User Content to this
App, you authorize Company to use the intellectual property and other proprietary rights in and to your
User Content to enable inclusion and use of the User Content in the manner contemplated by this App and
this Agreement.
You hereby grant Company a worldwide, non-exclusive, royalty-free,
sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of,
combine with other works, display, and perform your User Content in connection with this App, including
without limitation for promoting and redistributing all or part of this App in any media formats and
through any media channels without restrictions of any kind and without payment or other consideration
of any kind, or permission or notification, to you or any third party. You also hereby grant each User
of this App a non-exclusive license to access your User Content through this App, and to use,
reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your
User Content as permitted through the functionality of this App and under this Agreement.
Company generally does not pre-screen User Content but reserves the right (but
undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies
with this Agreement. Company may remove any item of User Content if it violating this Agreement, at any
time and without prior notice.
We may collect, store, and use user-generated content, including chat messages,
in order to provide and improve our services, including moderation of content to ensure a safe and
positive experience for our users. We may also use this content for research and analytics purposes to
better understand how users interact with our platform and to improve our services.
We take the privacy and security of our users' data seriously and have implemented appropriate measures
to protect it from unauthorized access, disclosure, alteration, or destruction. However, we cannot
guarantee the security of user-generated content that is transmitted over the internet, and users assume
all risks associated with the transmission and storage of their content.
By using our services, you grant us a non-exclusive, transferable, sub-licensable, royalty-free,
worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform, and display your user-generated content in any media or format, now known or later
developed, for any purposes related to the operation and promotion of our services.
The above licenses granted by you in your User Content terminate within a
commercially reasonable time after you remove or delete your User Content from this App. You understand
and agree, however, that Company may retain (but not distribute, display, or perform) server copies of
your User Content that have been removed or deleted. The above licenses granted by you in your User
Content are perpetual and irrevocable.
7. DISCLAIMER OF REPRESENTATIONS AND
WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR
OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL
FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY
SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH
RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION
OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your
use of this App or the Services found at this Site.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL
THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT
FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES
FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE,
(IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE
WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR
THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING,
ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE
OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR
THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE
THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action
arising out of or related to this App or the Services found at this Site must be commenced within one (1)
year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this App or the
Services found at this Site.
9. INDEMNITY
You agree to protect, defend, indemnify and hold harmless Company and its officers,
directors, employees, agents from and against any and all claims, demands, costs, expenses, losses,
liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees)
imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this
App; (ii) your violation of any provision of this Agreement or the policies or agreements which are
incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any
intellectual property or other proprietary right. The indemnification obligations under this section shall
survive any termination or expiration of this Agreement or your use of this App or the Services found at
this Site.
10. DATA TRANSFER
If you are visiting this Site from a country other than the country in which our
servers are located, your communications with us may result in the transfer of information across
international boundaries. By visiting this Site and communicating electronically with us, you consent to
such transfers.
11. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall
use commercially reasonable efforts to attempt to provide this App and Site on 24/7 basis. You acknowledge
and agree
that from time to time this App may be inaccessible for any reason including, but not limited to, periodic
maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control
including, but not limited to, interruption or failure of telecommunication or digital transmission links or
other failures.
You acknowledge and agree that we have no control over the availability of this
App on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with
regard thereto.
12. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the Services at
any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize
the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is
the case, that product or service will no longer be supported by Company. In such case, Company will either
offer a comparable Service for you to migrate to or a refund. Company will not be liable to you or any third
party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate
access to.
13. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or
benefits.
14. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on this App
are appropriate in every country or jurisdiction, and access to this App from countries or jurisdictions
where its content is illegal is prohibited. Users who choose to access this App are responsible for
compliance with all local laws, rules and regulations.
15. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or
its subject matter or formation shall be governed by and construed in accordance with the laws of Canada,
Alberta, to the exclusion of conflict of law rules.
16. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services will
be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis,
and must not be consolidated in any arbitration with any claim or controversy of any other party. The
arbitration must be conducted in Canada, and judgment on the arbitration award may be entered into any court
having jurisdiction thereof.
17. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference
only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise
set forth herein.
18. SEVERABILITY
Each covenant and agreement in this Agreement shall be construed for all purposes
to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any
provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable,
the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and
shall be found to be valid and enforceable to the fullest extent permitted by law.
19. API Terms and Conditions
You agree not to misuse, abuse, or otherwise engage in any activity that may harm
or disrupt the functionality of the REST API provided by GraduDate. Specifically, you agree not to engage in
any activity that may result in the overloading, flooding, spamming, crashing, or otherwise general abuse of
the API, or that may interfere with the security or performance of the API. Any violation of this clause may
result in the termination of your account and/or legal action.
20. Minimum Age Requirement
By accessing or using the App, you represent and warrant that you are at least 18
years old. If you are under 18 years old, you may not use the App. Additionally, any content
created within the app must not depict minors in any way. GraduDate strictly prohibits the creation or
distribution of any content on the App that depicts minors, whether in a sexual or non-sexual manner.
GraduDate reserves the right to remove any content that violates this requirement, and may take appropriate
legal action against any user who violates this clause.
21. Prohibited Activities
By accessing or using the App, you agree that you will not engage in any of the
following activities:
Harassment: You may not engage in any activity that harasses or bullies other
users, or that creates a hostile or intimidating environment.
Impersonation: You may not impersonate or misrepresent yourself as another person,
entity, or organization.
Stalking: You may not engage in any activity that constitutes stalking, whether on
or off the App.
Illegal Activities: You may not use the App for any illegal or
unauthorized purpose, including but not limited to the violation of intellectual property rights,
unauthorized access, or distribution of malware or other harmful software.
Offensive Content: You may not create or distribute any content that is offensive,
defamatory, or discriminatory, or that promotes or glorifies violence, hate, or discrimination based on
race, ethnicity, gender, religion, sexual orientation, or any other characteristic.
GraduDate reserves the right to remove any content, terminate accounts, or take
legal action against users who violate any of these prohibited activities, in its sole discretion and
without notice. By accessing or using the App, you agree to abide by these prohibitions and to
use the App in a responsible and respectful manner.
22. Content Restrictions
By accessing or using the App, you agree that you will not create, upload, or
distribute any content that:
Violates any applicable law or regulation, including but not limited to copyright,
trademark, privacy, or defamation laws;
Infringes on the intellectual property rights of others, including but not limited
to patents, trademarks, trade secrets, and copyrights;
Contains any viruses, worms, malware, or other harmful or destructive content;
Is false, inaccurate, or misleading;
Contains hate speech, discriminatory content, or content that promotes violence,
terrorism, or illegal activities;
Contains sexually explicit or pornographic material, or material that is deemed
inappropriate for a general audience;
Promotes or solicits prostitution, escort services, or any other form of sexual
service;
Contains or promotes any form of gambling or betting, including but not limited to
online casinos, sports betting, or lotteries;
Promotes or solicits any form of tobacco or drug use, or any other illegal
activity.
GraduDate reserves the right to remove any content that violates these
restrictions, and to terminate accounts of users who violate these restrictions, in its sole discretion and
without notice. By accessing or using the App, you agree to abide by these content restrictions and to use
the App service in a responsible and respectful manner.
23. User Responsibility
By accessing or using the App, you agree that you are solely responsible for your
use of the App service, and for any content that you create, upload, or distribute on the service. You
agree to use the App in a responsible and respectful manner, and to comply with all applicable
laws, regulations, and industry standards.
You acknowledge that GraduDate is not responsible for any content that you or other
users create, upload, or distribute on the service, and that GraduDate does not endorse or verify the
accuracy, completeness, or reliability of any content on the service.
You agree to indemnify and hold harmless GraduDate and its affiliates, officers,
employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including
reasonable attorneys' fees) arising from your use of the GraduDate service, your content on the service, or
your violation of these terms of service.
You acknowledge that GraduDate may terminate your access to the App at any
time, for any reason, in its sole discretion and without notice. You agree that GraduDate will not be liable
to you or to any third party for any termination of your access to the service.
24. Termination
GraduDate may terminate or suspend your access to the App at any
time, with or without cause, in its sole discretion and without notice. Upon termination or suspension, your
right to use the App will immediately cease, and you must immediately discontinue all use of
the service.
If you wish to terminate your account, you may do so by contacting GraduDate
customer support at info@gradudate.app or request account deletion through the App.
Upon receipt of your request, GraduDate will terminate your account and all associated content, except as
required by law.
All provisions of these terms of service that by their nature should survive
termination, including but not limited to content ownership and license, indemnification, disclaimers, and
limitations of liability, will survive any termination or expiration of these terms of service.
25. CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or
regular mail at the following address:
GraduDate
1626 246 Stewart Green SW, Calgary, Alberta, T3H3C8
CA
info@gradudate.app