Terms of Service
By signing up for the Primalogik 360 service (“Service”) or any of the services of Primalogik Software Solutions Inc. (“Primalogik”, “we”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”, “Agreement”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time here. Primalogik reserves the right to update and change the Terms of Service by posting updates and changes to the Primalogik 360 website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
If you are signing up for the Service on behalf of an entity, you represent that you are duly authorized to represent the entity and accept the terms of this Agreement on behalf of such entity, and any references to “you” in this Agreement refer to such entity and all of its employees, consultants and agents.
- You are responsible for keeping your password secure. Primalogik cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Québec.
- You are responsible for all activity and content (data, graphics, photos, links) that is uploaded under your Primalogik 360 account.
- Primalogik may downgrade, terminate or suspend your access to the Service without prior notice and without liability if such action is based on (i) Primalogik’s good faith belief that you have violated any provision of this Agreement (including a failure to make any payment when due), or (ii) you do not log in to or otherwise use the Service for a period of 365 days or more if you have a free account.
- We reserve the right to refuse service to anyone for any reason at any time.
- Primalogik does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Primalogik shall use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for: (i) planned downtime (which Primalogik shall schedule to the extent practicable during the weekend hours from 10:00 p.m. Friday to 3:00 a.m. Monday Eastern Time), or (ii) any unavailability caused by circumstances beyond Primalogik’s reasonable control, including acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks.
- Primalogik does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Primalogik.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Primalogik 360 customer, Primalogik employee, member, or officer will result in immediate account termination.
- Questions about the Terms of Service should be sent to support at firstname.lastname@example.org.
- You retain all right, title and interest to the information provided, inputted or uploaded to the Service by you or on your behalf (“Data”)
- Primalogik shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your Data. Primalogik shall only disclose your Data (i) when compelled by law or (ii) to third-party service providers we engage for the purposes of providing you and your users with the Service. Primalogik shall not use your Data except for the purposes of this Agreement. In the event we are compelled by law to disclose your Data, we will provide you with notice thereof, if permitted by law. The provisions of this paragraph shall survive the termination of this Agreement for a period of three (3) years after termination.
Payment of Fees
- The service will be billed monthly or annually depending on the option selected in the Subscription page. At the beginning of each billing period the administrator registered in the Primalogik 360 account will be receive an invoice via email (and subscription fees will be charged to the credit card provided).
- All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to the Service. These Taxes are based on the rates applicable to the Canadian billing address you provided to us. Such amounts are in addition to payment for the subscription and will be billed to your credit card.
- If you are not a resident of Canada and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of the service, you must provide us with your complete home and/or business location address.
- To the extent that you are a non-resident individual and not a corporation or other legal entity, and your location of usage shifts to a place in Canada when the service is made, you must advise us immediately by email to email@example.com.
- Primalogik does not provide refunds.
Term, Cancellation and Termination
- This Agreement will remain in effect until all subscriptions granted in accordance with this Agreement have expired or this Agreement is terminated by you or Primalogik (the “Term”).
- Subscriptions purchased by you commence on the date of payment and continue for the subscription term selected at the time of payment. You are solely responsible for the proper cancellation of your account.
- Your subscription will be automatically renewed at the end of each billing period until you cancel your subscription. You may cancel your subscription at any time (for monthly subscription you can do so after 3 months of continuous subscription without penalty) by sending an email to firstname.lastname@example.org.
- Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
Modifications to the Service and Prices
- Primalogik may at any time, upon notice of at least ninety (90) days, change the price of your subscription, or institute new charges or fees. Price changes and institution of new charges implemented during your one-year subscription period will come into effect for any subsequent one-year subscription periods and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
- Primalogik reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- Primalogik shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
First version: February 25, 2013
Updated on January 19, 2017
- Clarified that cancellations to monthly subscriptions can be done without penalty after 3 months of continuous subscription.
Updated on January 31, 2015
- Specify that subscriptions can be paid monthly or annually.
Clarified that monthly subscriptions are billed at the beginning of the month.
- Made period allowed for disputes more specific (changed from “approximately two weeks” to “14 days”).
- Clarified that subscriptions are automatically renewed at the end of each billing period.
Updated on May 4, 2015
- Add Customer Data section to clarify data ownership and usage.
- Add clauses specifying the “Term” of the agreement.
- Remove clause about payment disputes.
- Clarify policy regarding changes in prices and fees. Extend notice period from 30 to 90 days.
- Specify that free accounts will be removed if they stay unused for a period of one year.
- Add provisions regarding service availability and scheduled downtime.