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Terms of Service
These Terms of Service (the " Terms") govern your (" you" or " your") access to and use of the website and services (collectively, the " Services") provided by ACEN AUTOMATED INNOVATION INC. (" Acen", " we", " us" or " our").
BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.
SERVICES & FEES. Subject to the terms and conditions herein, and the payment of any applicable fees for the Services (the " Fees"), we provide you with access and use of our Services. Unless otherwise provided by Acen: (a) any Fees will be paid in advance of the Services being provided, and we will have no obligation to provide the Services prior to receiving the Fees in full; and (b) any Fees are non-refundable. For certainty, any change in the Services requested by you may be subject to additional fees.
MARKETING COMMUNICATIONS. By providing your e-mail address to us, you consent to receive marketing communications from us via e-mail, or any other form of communication, from time to time. You may opt-out at any time from such communications by e-mailing us at [marketing@acen.ai] or clicking "unsubscribe" in the relevant e-mail correspondence from us, as applicable. Please be aware that opting out of certain communications may affect your ability to use the Services.
INTELLECTUAL PROPERTY. Except as expressly provided herein, these Terms do not grant either party any rights, implied or otherwise, to the other's content or any of the other's intellectual property. As between the parties, you own all intellectual property rights in and to the content and data that you provide to the Services (collectively, the " Customer Data"), and we own all intellectual property rights in and to the Services, and all related components and information therein. You grant us a limited, non-exclusive, worldwide, royalty-free license to use the Customer Data for the purposes set out in our Privacy Policy. For certainty, we will retain and own a copy of any non-personally identifiable or aggregated information and/or data generated and/or collected by us in your use of the Services.
DISCLAIMER. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INTERRUPTION, NON-INFRINGEMENT, SUITABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. FOR CERTAINTY, WE MAKE NO WARRANTY OR GUARANTEE WITH RESPECT TO THE RESULTS OF YOUR USE OF THE SERVICES. NOTHING IN THESE TERMS WILL RESTRICT OUR RIGHT TO UPDATE, IMPROVE, TERMINATE, SUSPEND, OR OTHERWISE CHANGE ANY PART OR WHOLE OF THE SERVICES IN OUR SOLE DISCRETION WITHOUT NOTICE. FURTHERMORE, AND WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ANY AND ALL LIABILITY RELATING TO THE ACCESS AND USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, LINKS AND/OR APPLICATIONS ACCESSIBLE THROUGH OUR SERVICES.
RELEASE & INDEMNIFICATION. YOU HEREBY RELEASE AND FOREVER DISCHARGE US, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS AND ASSIGNS (COLLECTIVELY, THE " RELEASED PARTIES") OF AND FROM ANY AND ALL ACTIONS, LIABILITIES, DAMAGES, LOSSES, CLAIMS, AND DEMANDS (COLLECTIVELY, THE " CLAIMS") OF ANY KIND WHATSOEVER AND HOWSOEVER ARISING, WHICH YOU CAN, WILL OR MAY HAVE IN CONNECTION WITH OR ARISING FROM THE SERVICES. YOU HEREBY AGREE TO DEFEND, INDEMNIFY, SAVE AND HOLD THE RELEASED PARTIES HARMLESS AGAINST AND FROM ANY AND ALL THIRD-PARTY CLAIMS INCURRED OR SUFFERED BY THE RELEASED PARTIES ARISING FROM THE CUSTOMER DATA THAT YOU PROVIDE TO US.
AMENDMENTS. We may amend these Terms at any time in our sole discretion, with or without notice, so please review them periodically. By continuing to use the Services after any amendment, you consent to be bound by the amended Terms.
GENERAL. These Terms will be governed and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver under these Terms will be effective unless expressly made in writing by an authorized representative of the party granting the waiver.Unless otherwise expressly agreed between us in writing, these Terms, together with our Privacy Policy, constitute the entire agreement with respect to the subject matter contained herein, and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. To the extent of any conflict between the Privacy Policy and these Terms, these Terms will apply. The invalidity or unenforceability of any provisions of these Terms will not affect the validity or enforceability of any other provision of these Terms, which will remain in full force and effect. These Terms do not create any partnership, joint venture, agency, fiduciary or employment relationship between you and Acen. Any notice or other communication required or permitted to be given by us will be deemed to have been received if sent to your last known address or email address. These Terms may not be assigned by you. We may assign these Terms at any time and from time to time upon delivery of notice to you. These Terms will enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
THE TERMS AND CONDITIONS PROVIDED HEREIN WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND FORM AN ESSENTIAL CONDITION FOR OUR PROVISION OF THE SERVICES.