Terms and Conditions

Version 2.3 - April 2020

Introduction

These Terms and conditions govern users’ access to and use of the Services. “User” means any natural or legal person who has placed an order with Digitalspace or an authorized reseller who has received and is using the Services. This includes the direct Customer Digitalspace and the End Customer where the Service is installed.

The present Terms and Conditions have the value of a contract, by accessing on the site www.digitalspace.io, the Internet application or the mobile application, but still, by accessing the Services or Products and by using them, the User accepts the present Terms and Conditions in his name or on behalf of the entity he represents in connection with the use of the Services. The User declares and accepts the right, legal authority and ability to accept these Terms and Conditions on behalf of himself or the entity he represents.

If the User does not accept one of the provisions contained in these Terms and Conditions, he/she must not access or use the Services.

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General

The buyer of any Product or Services is governed by these Terms and Conditions. Software incorporated into the Product or Services (“Product Software”) is licensed under the End User License Agreement.

The Privacy Policy must be consulted by the User regarding the use of the Site www.digitalspace.io.

Certain functions of the Services may be subject to additional directives that are communicated via the Services concerned by those functions.

The Products and Services may only be used provided that the User has the legal capacity to conclude a contract with Digitalspace. Only individuals aged 18 and over are authorized to act as Digitalspace Account Holders but only to be able to use the Services. With regard to legal persons, any individual belonging to the structure, the establishment concerned by the provision of the Services may hold a DSiO account and may use them.

Regarding the Customer Service and in case of questions or comments regarding the Services or these Conditions, it is possible to contact Digitalspace. The contact details of Digitalspace are available by logging on the site www.digitalspace.io

These Terms and Conditions remain in full force as long as the User continues to access the Services and use the Services. However, they are no longer from the termination of the contract.

At any time, Digitalspace may suspend, terminate or use your rights of access to the Services or terminate these Terms and Conditions with respect to the User, if said Company believes in good faith that it uses the Services in violation of Present, including any directives, conditions or associated rules.

Digitalspace reserves the right to make changes to these Conditions without prior authorization. The User acknowledges that he must be aware of the changes made. In case of disagreement, he will no longer have to access or use the Products and Services. If the latter continues to use Digitalspace’s Products and Services, this implies acceptance of the modifications made to these Terms and Conditions.

In the event that one or more provisions of the Contract would be considered as invalid by a competent court, this does not entail the nullity of the Contract: the nullity is valid only for this provision, the others will keep their scope and effect.

The User may not assign or transfer in any way these Terms and Conditions and the rights and obligations relating thereto without the prior written consent of Digitalspace.

The obligations of paragraphs 6, 7, 11, 14, 15, 16, 17 and 19 will survive the expiration or termination of these Terms and Conditions.

Accounts

To use the Services, the User will have an account and, for this, must provide certain information that must be accurate and accurate concerning him or the entity represented, as specified on the corresponding registration form. The User undertakes to make the necessary updates concerning these data

The User is entirely responsible for maintaining the confidentiality of the login information to his account and all activities related to the latter: he guarantees the security of the password of his account in order to prevent any unauthorized person from entering his account. to access. In the event of unauthorized, proven or suspected use of his account or any other security breach, the User undertakes to inform Digitalspace. In case of damage, loss resulting from a breach indicated above, Digitalspace cannot be held responsible.

The individual who will hold the Account is the Holder of the said Account.

Digitalspace account allows users to access personal settings and data. Direct Digitalspace’s Customer will have access to the User’s account when the End User places an order.

License

Digitalspace grants to the Account Holder (End User) a non-transferable, non-exclusive and non-sublicensed license to access the Services and to use them in conjunction with the Products.

The use of the Services for a specific purpose which is to manage and control the Products that the User has at his disposal, or to manage, control or access a service explicitly provided and authorized access by Digitalspace. The license allows you to use the web application and mobile application.

Automatic software update

Improvements to the Services may be performed automatically and without prior notice or authorization from the Account Holder. This allows you to develop the Services but also to fix bugs, perform updates and upgrades and any other changes to improve the performance of the Services and/or the Product Software.

By continuing to use or access the Services, the User accepts such automatic updates. In case of refusal, the User must no longer access or use these Services and terminate the Account.

In addition to the automatic updates, the User acknowledges that he will have to install updates provided by Digitalspace in order to use the Services and the Products without delay.

Consultation and use of information

Certain documents may be accessed or used in connection with the use of the Services in order to provide, update and improve such Services, but also in order to establish assessments, diagnoses to provide information to the Account Holder and to third persons.

The User may publish any comment, suggestion, question and/or other information on the Site but is solely responsible for all the Content that he sends by e-mail, through the Services or in connection therewith. The User hereby declares and warrants that he has all the necessary rights to do so, in the way he contributes; and that it licenses Digitalspace all patents, trademarks, trade secrets, copyrights and other proprietary rights related to such Content to be published in the context of this Service in accordance with these Terms and Conditions. He is required to respect all copyright notices and all rules, trademark information and restrictions contained in any Content accessible through the Services. Digitalspace reserves the right to delete any Content of the Services at any time for any reason or without reason and without prior information.

Restrictions

The rights of the User are not unlimited and are subject to the following restrictions: not to grant a license (except for the representative of Digitalspace which grants a sublicense to an End User), to sell, (except for the representative), transfer, assign, distribute, copy, reproduce, host or exploit for any commercial purpose the Products or Services but also generally; not to create derivative works of the Product Software.

The User has no authorization to delete, hide or modify any mention relating to the rights of ownership contained in the Products or Services or displayed within the framework of these.

Concerning the IT Services, the User is prohibited from importing, transmitting or distributing any virus to the Services, but also hindering or interrupting the functioning of the servers or networks related to the Services.

Access to the Services is done only in accordance with the regulations and procedures provided and in no other way whatsoever.

Open Source

Open Source software can be included in different applications. They are subject to the general public license and license conditions that accompany the said Software and not to these Terms and Conditions.

Security

The User acknowledges and agrees that Digitalspace cannot guarantee that any third party will not be able to thwart the security devices or use the personal information for inappropriate purposes and that, therefore, the risks are his own.

Changes

The User acknowledges and agrees that Digitalspace reserves the right to modify, suspend or discontinue the Services or any related party at any time with or without notice without being held responsible.

Intended use and limitation of services

The Services are intended to be used to collect information about Digitalspace’s Products, to control them and to use them to perform diagnostics. The Services may be subject to temporary unavailability or discontinued reliability attributable to various reasons beyond the control of Digitalspace. The proper functioning of the Services depends in particular on WI-FI networks, internet and any other means of connection. This operation may be delayed, rejected or limited for many reasons resulting in unreliability or availability of the Services on a temporary basis.

The User accepts these risks and agrees that Digitalspace cannot be held responsible for any damage allegedly caused by the failure or interruption of the Services.

In addition, the Services may be temporarily suspended without notice for security reasons, in case of system failure, for maintenance and repair operations, or in any other circumstances. In case of suspension, the User agrees not to be entitled to any refund or rebate.

Digitalspace does not offer any guarantee of availability, of any nature whatsoever for the Services.

Third-party “connected” products may be interconnected with Digitalspace’s services. Since these products are not marketed by Digitalspace, the latter cannot in any way be held responsible for their performance or the reliability of the information transmitted by these connected objects.

Data protection

The data protection and privacy laws in force apply to the User and its use imposing certain responsibilities on him. Thus, the latter agrees that it must ensure that it complies with all the laws in force when it uses the Services.

Digitalspace undertakes to collect and process the Personal Data of Customers and Users in accordance with the General Data Protection Regulation.

Limitations of Digitalspace services due to third-parties

Digitalspace relies on or interact with third-party products and services (equipment, internet access, access to the mobile network, antennas, GPS satellites, etc.). They are not under the control of the said Company but inevitably influence the use and reliability of the Products and Services. The User acknowledges and accepts that risks are incurred through Third Party Services (suppliers) on the operation of the Digital Space Products and Services and that they cannot be charged to Digitalspace.

In addition, Digitalspace Services are accessible on a computer, tablet or mobile. Thus, the availability of these Services depends on the functioning of these different elements. In case of malfunction of one of them, the User cannot impute it to Digitalspace.

Digitalspace’s site may contain links to other websites operated by third parties. These sites are not controlled by Digitalspace. The User uses these sites at his own risk.

Digitalspace is not responsible for the behavior of the Users or for any damage or damage resulting from the Services.

Material and intellectual property

The User acknowledges that all intellectual property rights in the Products, the Product Software and the Services are the property of Digitalspace. In addition, there is no transfer of ownership of these rights through the use of Digitalspace Products and Services. A sublicense is granted to the User. In fact, it is forbidden to copy, reproduce or modify the Products and Services or to integrate any content without the express prior written authorization, nor to use the content of the Services, but it is forbidden to exploit the Products and Services outside the activity agreed initially.

The User hereby grants the perpetual, non-exclusive, royalty-free, irrevocable, assignable and sub-licensed right of access to the User Contributions and to use and access them in accordance with indications and as part of the Services.

Exclusion of warranty

The warranties for the Products and the Product Software are set forth in these Terms and Conditions. Digitalspace does not guarantee that the Services are accurate and reliable in a continuous, fast, secure or error-free manner. No advice or oral or written information to the Digital Space Company or its representatives/licensees or through the Services shall constitute any guarantee.

Digitalspace provides (or through a third-party representative/licensee) to the User information about its Services. Product peripherals that may be connected to your Product may change from time to time. The information is provided as-is and as it is. Digitalspace does not represent or warrant that information about the Products is available, accurate or reliable.

The default settings of the Installed Services may be changed which may result in unscheduled, unscheduled operation or failure of the Services. The User acknowledges and agrees to accept responsibility for damages and losses resulting from the particular settings of the Products and Services or modification of the default settings.

Some Products and Services issue notifications, alerts after detecting pests. Digitalspace gives no guarantee that these Products and Services make it possible to completely avoid the access of the pests within the establishments. In addition, Digitalspace cannot be responsible for materials not manufactured or marketed by Digitalspace.

Limitation of liability

Nothing in these Terms shall be construed to limit or exclude any liability that cannot be limited or excluded under applicable law.

Under no circumstances can Digitalspace be held liable for indirect, exemplary, special, incidental, incidental or punitive damages, including, without limitation, any damage related to the loss of data or profits, arising directly or indirectly the use, inability to use or the results of the use of the Products and Services, even if Digitalspace was informed or was supposed to have known of the possibility of such damages; and the total accumulated liability of Digitalspace for damage, property damage, personal injury or other damages resulting directly or indirectly from the Products or Services, whether contractual, tortious or otherwise, may not exceed an amount equal to two (2) times the costs that the User has actually paid to Digitalspace or its distributors/representatives for the Products or Services concerned in the twelve (12) months preceding. Digitalspace disclaims all liability for, but not limited to, errors, omissions in content, or any loss or damage of any kind due to the negligence or recklessness of the suppliers, representatives, but still the User.

This limitation of liability does not concern the willful, unjustified, intentional or irresponsible breaches of Digitalspace. Nevertheless, the provision applies when Digitalspace is held liable but not in a voluntary, unjustified, intentional or irresponsible manner.

Amiable procedure

The Parties undertake to attempt to resolve any dispute and/or request related to an order and the GCS / Special Conditions, Conditions of Use, amicably, by notification to the other Party of its default by registered letter with acknowledgment reception.

At the end of a period of two (2) months from receipt of the notification, without a response from the defaulting Party and/or failing to reach an amicable agreement, each Party may submit the dispute to the courts’ competent authorities.

Applicable right

This contract is subject to Canadian law.

Attributive clause of jurisdiction

Unless expressly agreed by the parties, any dispute relating to the signature, validity, interpretation or performance of this contract shall be the exclusive jurisdiction of the Ontario Commercial Court, a condition accepted by the Client. It will be the same in the case of a plurality of applicants or warranty.