Terms & Conditions
Last Updated: September 9th, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES.
These Terms and Conditions apply to cbbsoft.com and micro-saas.ca (collectively referred to as “the Sites”).
The following Terms and Conditions govern and apply to your use of or reliance upon website services maintained by CBBSOFT Custom Built Business Software Inc. (the “Website”).
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. AGE RESTRICTION
You must be at least eighteen (18) years of age to use this Website or any services contained herein. Your access or use of this Website indicates your representation that you are at least eighteen (18) years of age. We assume no responsibility or liability for any misrepresentation of your age.
2. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
3. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Sites including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Sites or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of these Sites and the services offered on these Sites. Nothing in these Terms and Conditions may be interpreted as granting any license of intellectual property rights to you.
4. USER GENERATED CONTENT
“User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users post or otherwise make available on or through the Sites, except to the extent the content is owned by us.
5. ACCOUNT AND ACCOUNT USE
If your use of the Sites requires an account identifying you as a user of the Sites (an “Account”):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account.
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
d) the Account created upon subscribing to our service is strictly individual and non-transferrable. This means that the user account must only be used by the individual who originally registered for it (you). Sharing, selling, renting, or otherwise providing access to your user account to other individuals is strictly prohibited.
e) the user must not attempt to exploit, manipulate, or otherwise alter their subscription in an attempt to share access with other individuals to reduce costs. This includes, but is not limited to, attempting to share, divide, or duplicate the subscription seats or any associated costs or benefits, whether by technical means or otherwise.
In the event that a user is found to have violated any of these conditions, we reserve the right to terminate or suspend the user’s account, revoke access to our services, and pursue any other legal remedies available under applicable law. Any costs or fees incurred as a result of such violations will be borne by the user.
6. SUBSCRIPTION TERMS AND REFUND POLICY
Our services are available via an annual subscription model only. Upon payment of the applicable fees, the user is granted access to our services for a duration of one (1) year, starting from the date of successful transaction.
The User acknowledges that the annual subscription fee for the Services is subject to a yearly adjustment to account for the impact of inflation on the subscription fee.
Unless otherwise required by law or specified in this Agreement, the adjustment will be calculated as an increase of three percent (3%) on the current annual subscription fee (“Inflation Adjustment”).
The Inflation Adjustment will be applied to the User’s annual subscription fee at the time of each subscription renewal. The adjusted subscription fee will thereafter become the User’s new annual subscription fee for the upcoming subscription term.
The User will receive notification about the adjusted annual subscription fee, reflecting the Inflation Adjustment, at least thirty (30) days prior to the date of subscription renewal. If the User does not agree with the adjustment, the User is entitled to cancel the subscription in accordance with the cancellation provisions outlined in this Agreement.
If the User does not cancel the subscription following receipt of the notification of the Inflation Adjustment, the User’s continuation of use of the Services beyond the renewal date will constitute acceptance of the adjusted annual subscription fee.
We offer a refund policy to provide a risk-free environment for our users. If for any reason you are unsatisfied with our services, you may request a refund within the first two (2) months of your subscription period. The refund amount will be prorated, based on the unused portion of your subscription.
To initiate a refund, you must contact our customer service team within the first two (2) months of your subscription period. Upon receipt of your request, we will process your refund as soon as practicable.
In case of a refund, a prorated amount will be calculated by deducting the value of the subscription period already used by the user from the total subscription fee paid. This refund will not include any processing or transaction fees that may have been charged at the time of the original payment.
Refunds are available only for first-time subscribers. If you have previously subscribed to our services, whether under the same account or a different account, you will not be eligible for a refund.
By subscribing to our service, you agree to these subscription terms and refund policy. Please ensure that you understand these terms before proceeding with your subscription.
7. PAYMENT
When you make a purchase on the Sites, you agree to provide a valid instrument to make a payment. Pay attention to the details of the transaction, as your total price may include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that funding instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a preapproval from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-approval may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for any ongoing services is billed automatically until notification that you would like to terminate your access to the services.
8. SUPPORT
As part of your subscription to our Services offering, all users will have access to our standard support. Our standard support includes access to our support portal, which includes access to FAQs, guides, and manuals to aid in the use of our software. Email-based technical support from Monday to Friday, 9 AM to 5 PM PST, excluding recognized national holidays and reasonable efforts response to support requests within 2 business days. The standard support service does not include any guarantees regarding response times, bug fixes, or feature requests.
For users who require a higher level of support, we offer a Premium Support package at an additional cost. The benefits of the premium support package include:
- 24/7 access to our support team
- prioritized response to support requests with a guaranteed response time of 12 hours
- scheduled consultations with our team for help with strategic planning, training, and best practices
- priority consideration of your requests for feature additions or changes
Premium Support must be purchased for the entire term of your Service subscription and cannot be purchased on a pro-rata or partial term basis.
9. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
10. ACCEPTABLE USE
You agree not to use the Sites for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Sites in any way that could damage the Sites, the services or the general business of CBBSOFT Custom Built Business Software Inc.
You further agree not to use and/or access the Sites:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
11. PROTECTION OF PRIVACY
Through your use of the Sites, you may provide us with certain information. By using the Sites, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use the Sites, we may also receive information from external applications you use to access our services, or we may receive information through various web technologies, such as cookies, log files or others.
We use the information gathered from you to ensure your continued good experience on our Sites, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
If you choose to terminate your account, we will store information about you for the following period of time: 1 year. After that time, all information about you will be deleted.
12. REVERSE ENGINEERING & SECURITY
We take reasonable measures to protect your Personal Information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, please note that no method of transmitting or storing data is completely secure.
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Sites
b) Violate the security of the Sites through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network
13. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Sites is at your own risk.
14. INDEMNIFICATION
You defend and indemnify CBBSOFT Custom Built Business Software Inc. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Sites, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
15. SPAM POLICY
You are strictly prohibited from using the Sites or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Sites.
17. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
18. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Sites to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Sites may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime.
There may be instances when the Sites, Third-Party Apps, and Services, or the materials and products provided through the Services might not be accessible. Additionally, their availability could be restricted or vary based on your geographical location or the device you are using.
Our goal is to maintain the consistent availability of the Services; however, like all online platforms, our services are subject to potential disruptions and outages. We cannot be held accountable for any inconvenience or loss you might encounter due to these unforeseen circumstances. During an outage, it may not be possible for you to access Your Content or Data that you’ve stored on our platform. For this reason, we strongly advise that you maintain regular backups of Your Content and Data that you save on our Services or with the use of Third-Party Apps and Services.
19. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Sites, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Sites or our or any third party’s equipment or network is impaired by your use of the Sites, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Sites, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Sites.
20. NO WARRANTIES
Your use of the Sites is at your sole and exclusive risk and any services provided by us are on an “as is” basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Sites will meet your needs or that the Sites will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Sites or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Sites is your sole responsibility and we are not liable for any such damage or loss.
21. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using the Sites are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
For more information, please refer to our Privacy Policy, which you may find at the following address:
cbbsoft.com/privacy-policy
22. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Sites, to the fullest extent permitted by law. The maximum liability of CBBSOFT Custom Built Business Software Inc. arising from your use of the Sites is limited to an amount equal to your Services fee for the month during which the loss or breach occurred. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
CBBSOFT Custom Built Business Software Inc. cannot be held accountable for any inability or delays in fulfilling its responsibilities as per these Terms and Conditions, in case such inability or delays result from situations beyond its reasonable control, including but not limited to labor disputes, natural disasters, acts of war or terrorism, deliberate harm, accidents, or adherence to any relevant laws or governmental orders. Despite these unforeseen events, CBBSOFT Custom Built Business Software Inc. will strive to mitigate their impact and diligently fulfill those obligations that remain unaffected.