Terms of Service

These terms of service were last modified on July 20, 2016.

The products and services you’ve chosen are provided by or on behalf of Ambyint Inc., located at 2121 29 Street NE, Unit 50, Calgary, AB T1Y 7H8 (“Ambyint”, “us”, “we”, and “our”). By accessing or using any Ambyint service (“Services”), including signing up for an Ambyint account, you are agreeing to our terms of service, including any of our policies referenced below.

Please read our terms and policies carefully. If you have any questions or concerns, we’re pleased to talk to you about them. Please contact us at letschat@ambyint.com.

Using our Services

You may require an Ambyint device and/or Ambyint account in order to access and use our Services. However, possession of an Ambyint device and/or an Ambyint account does not guarantee any right to access any Ambyint Service. For example, Ambyint devices may require registration prior to the commencement of Services; access to certain portions of the Services may require Ambyint or third­party approval; and/or access to paid Services or portions thereof require compliance with any associated payment terms and policies. You are responsible for the proper installation of any devices or software on your own premises, sites, equipment, and/or computing platform that may be required to access the Services. You must also obtain your own wireless network or Internet access in order to access the Services. We are also not responsible for any loss of access to Services resulting from communications outages, hardware or software failures, or network or hardware interruptions.

You are required to follow any other policies concerning the use of our Services for which we give you notice. Ambyint devices are subject to a separate warranty and limitation of liability. If you are using our Services or your account on behalf of a business, whether your own or your employer’s, the business agrees to be bound by our terms and policies.

Changes to our services

We are always in the process of changing and improving our Services. For example, we rely on the data we collect through the Services and machine learning techniques to modify the algorithms and processes used to deliver parts of the Services. We may make changes to any functionality of the Services or our software, which can include removing functionality or ceasing a Service, without notice to you.

Software

You may be able to access our Services using downloadable software that you must install on your own computing platform. We hereby grant you a non­exclusive and non­transferable licence to download, install, and use the software on one or more computer platforms indicated as suitable for the operation of the software for the purpose of accessing our Services.

We may, from time to time, make changes to the downloadable software. Software may automatically update on your computing platform, subject to any settings concerning automatic updates on your platform.

Your Ambyint Account

When you register for an Ambyint account, you must provide us with complete and accurate information, as prompted by the relevant registration form, and provide us with updates as your information changes. You are also responsible for maintaining the security of your account, including your user name and password. You may be charged for any use of the Services accessed using your account or devices associated with your account, even if such use was not authorized by you. We are not responsible or liable for any loss, damage, delay, or costs resulting from any inaccuracy or lack of currency in your account information, or your failure to maintain the security of your account.

You may not use your Account or the Services for any purpose that is unlawful or prohibited by these terms or any of Ambyint’s policies. This includes any use for which the Services were not designed, that may interfere with anyone else’s use of the Services, or that may damage, disable, overburden, or impair any servers, networks, or devices operated or used by Ambyint or Ambyint’s affiliates or suppliers. You may not attempt to gain unauthorized access to any Service or Ambyint account, computer system, or network connected to Ambyint or Ambyint’s affiliates or suppliers using technological or social means, or any means not intentionally made available by Ambyint. We may use technological protection measures designed to prevent unlicensed or unauthorized use of our Services, software, or devices. These measures may include, at our option, mandatory deactivation or reactivation of software or devices.

Our Use of your Data

With the exception of personal information, we may use the data we collect through your use of our Services in order to render Services to you, to make modifications to the Services we offer, and to develop new products Services. Accordingly, by using our Services, you are granting to Ambyint a perpetual, unlimited, royalty­ free, worldwide, non­exclusive, irrevocable, transferable license to run, copy, adapt, publish, sell, reproduce, bundle, create derivative works of, translate, transmit, arrange, modify, export, merge or otherwise use the data for any purpose.

For information about the handling of your personal information, please see our Privacy Policy.

Intellectual Property Rights

Your use of the Services or Ambyint devices or software does not give you any title in or to, or otherwise encumber any intellectual property rights in the Services or in any Ambyint software or devices. AMBYINT and the Ambyint logo are trademarks of Ambyint Inc. and may not be used without permission. You may not challenge the validity of any such intellectual property rights.

While we may, from time to time, implement suggestions or ideas received from you or other users, this does not give you any ownership rights in any Ambyint intellectual property or create any obligation to you, and your use of our Services will still be governed by these terms and our policies.

Warranties and Disclaimers

We provide our Services using commercially reasonable levels of skill and care. However, we do not warrant the accuracy or correctness of data or other information supplied by our Services. Neither we, nor our affiliates or suppliers make any specific promises about the Services, software, or devices, and in no circumstances should any of our Services be relied on as the sole basis for any business or operational decision, or any procedure involving any risk to the safety of property, equipment, and/or personnel. AMBYINT EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON­INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTY OR CONDITION THAT CANNOT BE DISCLAIMED BY OPERATION OF LAW IN YOUR JURISDICTION IS LIMITED TO DEFECTS DISCOVERED DURING THE PERIOD OF LIMITED WARRANTY, WHICH IS THE LONGER OF THE PERIOD THAT YOUR AMBYINT ACCOUNT IS IN GOOD STANDING AND THE MINIMUM PERIOD OF IMPLIED WARRANTY IMPOSED BY LAW IN YOUR JURISDICTION. NO WARRANTY OR CONDITION OF ANY KIND IS PROVIDED IN REGARD TO DEFECTS DISCOVERED AFTER THE PERIOD OF THE LIMITED WARRANTY.

Limitation of Liability

AMBYINT SHALL NOT BE LIABLE TO YOU, YOUR AFFILIATES, RELATED ENTITIES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, EMPLOYER AND/OR EMPLOYEES; AND IF YOU ARE USING OUR SERVICES OR YOUR ACCOUNT ON BEHALF OF A BUSINESS, THAT BUSINESS, ITS AFFILIATES, RELATED ENTITIES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, AND/OR EMPLOYEES, FOR ANY CLAIMS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATED TO THE USE OF OUR SERVICES, SOFTWARE, OR YOUR ACCOUNT OR FROM ANY VIOLATION OF OUR TERMS AND POLICIES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGE (INCLUDING WITH RESPECT TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS OR BUSINESS INTERRUPTION SUFFERED, DAMAGE TO YOUR EQUIPMENT OR SITE, INJURY, OR LOSS OF LIFE) HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR BASIS OF LIABILITY (INCLUDING FOR BREACH OF CONTRACT, TORT, INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, NEGLIGENCE, BY STATUTE OR OTHERWISE), EVEN IF SUCH DAMAGES ARE FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, OUR MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH OUR SERVICES OR SOFTWARE IN THE AGGREGATE IS LIMITED TO THE COST OF THE SERVICE ACTUALLY RECEIVED BY AMBYINT IN RESPECT OF WHICH SUCH CLAIMS ARE MADE. FURTHERMORE, YOU AND/OR YOUR BUSINESS SHALL INDEMNIFY AND HOLD HARMLESS AMBYINT, AND AMBYINT’S AFFILIATES AND SUPPLIERS, FOR ANY CLAIMS OF ANY NATURE ARISING FROM ANY UNAUTHORIZED USE OF OUR SERVICES, SOFTWARE, AND/OR DEVICES.

Termination

You can stop using our Services at any time, and you can terminate your Ambyint account by submitting a request to letschat@ambyint.com.

We may terminate your account or your access to our Services without notice if we determine, in our sole discretion, that you may be in breach of any of the terms of service or our policies, or in breach of any payment terms associated with your account or the Services you use.

Regardless who initiates termination, if you have prepaid for any Services we will provide a refund to you upon request for the balance of the period for which you have prepaid, on a pro rata basis.

Interpretation, Scope and Enforceability of these Terms of Service

Our terms include headings for ease of navigation, but are not to be used to help interpret the legal obligations set out in this document.

These terms and our policies, as either or both may be updated from time to time, reflect the entire understanding and agreement between you and us concerning the Services, and in the absence of specific language to the contrary, supersedes any prior or future terms of service, policy, permission, purchase order, communication, advertising, documentation, feature specification, packaging, or other representation.In the unlikely event that any provision in these terms or any of our policies is found to be invalid or unenforceable under any applicable law by a court of competent jurisdiction, it will not affect the applicability, validity or enforcement of the remainder of the terms or policies.

We may revise these terms and/or our policies from time to time as we deem necessary. This may happen, for example, when we update the Services we offer, or to reflect changed legal requirements. We will provide notice of revision by posting updated terms and/or policies, at which time they will become effective. Your continued use of our Services after a revision is posted will constitute agreement with the revised terms and/or policies.

These terms are to be governed and construed according to the law of the province of Alberta, Canada. You consent to the exclusive jurisdiction of the superior courts of the province of Alberta and/or the Federal Courts of Canada, for resolution of any dispute related to this Agreement.