Terms of Service

Introduction

This Terms of Service ("Terms") agreement outlines the terms and conditions for using Webbespoken's platform, including all products, information, tools and development services provided by Webbespoken Technologies Inc. (referred to as "Webbespoken", "we", "us", or "our") to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing, signing up and/or purchasing from us to use our platform, products, and/or development services, you engage in our “Service” and agree to be bound by and honour these Terms. The Terms of Service apply to all users of the platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you are accessing and/or using our platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization.

If you do not agree with any part of these Terms, you may not access or use our Service. A breach or violation of any of the Terms will result in an immediate termination of our Service.

If you have questions, please contact us.

Eligibility and Acceptable Use

You must be at least 18 years old or the legal age in your state or province of residence to use our platform.

By creating an account, you represent that all information you provide is accurate and complete.

All development services provided by us are subject to these Terms and any additional agreements or contracts entered into between Webbespoken Technologies Inc. and the client.

Do not use our platform, products and/or development services for unlawful purposes or to violate any laws in your jurisdiction (including but not limited to copyright laws).

Prohibited activities include distributing and/or transmitting any worms, malware or viruses or any code of a destructive nature, spamming, or uploading illegal content.

We reserve the right to refuse selling our products, subscriptions to our platform, and/or providing our development services to anyone for any reason at any time.

Platform Changes and Availability

We reserve the right to modify or discontinue features of our platform at any time, with or without notice.

Our platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our platform at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.

While we strive for 99.99% uptime, we cannot guarantee uninterrupted service.

Pricing and Payment

All fees are outlined in our pricing plans. Prices for our subscription plans and development services are subject to change without notice.

All invoices are denominated, and the subscriber must pay, in Canadian Dollars.

Payments for our platform subscription plans are billed monthly on or about the first day of each month, with payment due no later than 10 days past the invoice date. On rare occasions, a Subscriber may be billed an amount up to the Subscriber's current balance in an effort to verify the authenticity of the Subscriber's account information.

Monthly fees will be billed at the rate agreed to at the time of purchase.

Payment terms for development services provided by us will be outlined in the proposal or contract provided to the client.

Failure to make timely payments may result in delays or suspends use of our platform or services.

You may cancel the subscription to our platform at any time by logging into your account. At cancellation, you will no longer be able to have any access to previously subscribed services past the grace period (up to 30 days).

Tax Collection

You are responsible for any duties, customs fees, taxes, and related penalties, fines, audits, interest and back-payments relating to the purchase of products and subscription paid services, including but not limited to national, province/state or local sales taxes, use taxes, value-added taxes (VAT) and goods and services taxes (GST) (collectively, "Taxes").

Webbespoken's standard pricing policies do not include and are not discounted or enhanced for any such Taxes. If Webbespoken becomes obligated to collect or pay Taxes in connection with your purchase of products and subscription of paid services, those Taxes will be invoiced to you as part of a billing process or collected at the time of purchase.

If you believe that a given tax does not apply or that some amount must be withheld from payments to Webbespoken, you must promptly provide Webbespoken with a tax certificate, withholding receipt, tax identifier (e.g., GST Number, VAT ID) or other adequate proof, provided such information is valid and sufficiently authorized by all appropriate taxing authorities.

You must also provide any tax identification information that is necessary for us to comply with our tax obligations, as determined by Webbespoken from time to time.

Intellectual Property

We retain ownership of all intellectual property related to its platform, tools, and branding.

We retain the right to display and promote completed projects in its portfolio and marketing materials, unless otherwise agreed upon with the client.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the platform, use of the platform, or access to the platform or any contact on the platform through which the product and/or service is provided, without express written permission by us.

You retain ownership of the content you create and upload to your website.

Account Responsibilities

Keep your login credentials secure.

Notify us immediately if you suspect unauthorized access to your account.

You are responsible for all activities conducted under your account.

Account Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our development services, or when you cease using the platform.

We reserve the right to suspend or terminate accounts that violate our Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination which, accordingly, may deny you access to the platform (or any part thereof).

You can terminate your account and personal data, and associated websites at any time by contacting customer support.

Confidentiality and Privacy Protection

We agree to keep all customer, client information and project details confidential unless otherwise agreed upon with the customer or client.

Customer or client information will not be shared with third parties without the customer or client's consent, except as required by law.

Your use of our platform is subject to our Privacy Policy, which explains how we collect, use, and protect your information.

You shall keep confidential any confidential information to which it is given access, and shall cooperate with Webbespoken's efforts to maintain the confidentiality thereof.

You shall not publish to third parties or distribute information or documentation that we provide for purposes of operating and maintaining our systems, including material contained in estimates, invoices, work orders, or other such materials.

Third-Party Services

Our platform may integrate with third-party tools or services. Webbespoken is not responsible for the functionality or policies of these services.

Limitation of Liability

We do not guarantee, represent or warrant that your use of the platform and our development services will be uninterrupted, timely, secure or error-free.

Webbespoken is not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of our platform or development services.

Our maximum liability of the platform is limited to the fees paid by you in the previous 12 months.

In no event shall Webbespoken's liability exceed the total amount paid by the client for the development services rendered.

Governing Law

These Terms of Service and any separate agreements whereby we provide you to access and use of our platform, and/or development services shall be governed by and construed in accordance with the laws of British Columbia, Canada.

Changes to this Terms of Service

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our platform without prior notice to you. Any changes to these Terms will be effective immediately upon posting on the platform.

Your continued use of the platform or our development services after any such changes constitutes your acceptance of the revised Terms.

We will notify users of significant changes via email or through our platform.

Contact

Questions about the Terms of Service should be sent to us using the contact form. Alternatively, you may write to us directly via email to legal@webbespoken.com or via mailing address:

Webbespoken Technologies Inc.
34A-2755 Lougheed Hwy
Suite 185
Port Coquitlam, B.C. V3B 5Y9
Canada