Terms of Service
Cyphercor Inc. (“Company,” “we,” or “us”) owns and operates the website located at https://www.logintc.com/ (the “Website”) and the two-factor authentication service made available through our proprietary platform (the “Platform”, together with the Website, the “Service”). These Terms of Service (“Terms”) apply to all users of the Website and our Services including those that upload materials to the website and users who use services provided through the website.
- By using the Service, you indicate that your acceptance of these Terms and that you have the right and authority to enter into this Agreement and abide by the Terms. If you do not accept the Terms, then do not use the Services. These Terms may be amended or updated by the Company from time to time without notice to you and the Terms may have changed since your last use of the Services. It is your responsibility to review these Terms for any changes. Your use after any amendments or updates to these Terms shall signify your assent to and acceptance of such revised Terms. Any new features that may be added to will be subject to these Terms unless stated otherwise. You should visit this page periodically to review these Terms.
- Content: All information, including but not limited to data, whether publicly posted or privately transmitted to the Website or Platform by users (“User Content”), is the sole responsibility of such Users. This means that the user, and not Company, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Company does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will Company be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or otherwise made available via the Service.
- License to Content: By submitting or posting User Content on or through the Service, you grant Company (and our agents) a non-exclusive, royalty-free license to use such User Content in accordance with these Terms to provide you with the Service. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- User License: The Platform, the Website and the information and materials that it contains, except for the User Content, are the property of Company and are protected from unauthorized copying and dissemination by copyright law, trademark law and other intellectual property laws. Subject to these Terms, and payment of applicable subscription fees, Company grants you a non-transferable, non-excusive license to use the Website and the Platform for your Use. The Company Service is licensed to you and not sold. Nothing in the Terms give you the right to use the Company names, trademarks, logos, domain names and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions of the Service.
- Data Retention: Company may retain, and store backups of any User Content generated through your use of the Service in accordance with the Company’s document retention and archive procedures for a period of six calendar months from the date such User Content is created (the “Creation Date”). On or around the date six calendar months after the Creation Date, the User Content backups will be deleted. Note that where a User’s access to the Service is terminated, the User Content may be marked as deleted and a request by the user must be made to delete the data, though Company may anonymize and retain indefinitely data as “Anonymized Data”, see below, for analytics and audit purposes.
- Anonymized Data: Company may create aggregated or anonymized statistical analytics and machine learnings arising from your use of the Service, as well as User Content processed through the Service (“Aggregated Statistics”), which Aggregated Statistics shall not be capable of referencing back to Client or its Users. As between Client and Company, Company shall own all rights to such Aggregated Statistics free from encumbrance.
- Payment & Charges.
- After the initial fifteen (15) day free trial to the Service, access to the Service may be purchased by you for a subscription term with payment due on an annual basis unless otherwise agreed upon by you and the Company.
- Your access to and use of the Service is subject to your payment of the applicable fees due for the Services selected by you (“Fees”) set out on the Website and all other applicable amounts, charges and taxes indicated to you when you purchase Services (or otherwise notified to you by Company from time to time) when you use the Service. Unless otherwise stated, all invoiced amounts are due upon receipt and processed immediately using the credit card on file for you or invoice terms. Receipts for the purchased Service will be delivered to you electronically.
- You shall: (i) keep the billing, credit card and/or payment information you provide to Company, including name, credit card number and expiry date, mailing address, email address and telephone number, accurate and up to date; otherwise, we may suspend the Services; (ii) promptly advise Company if your credit card information changes due to loss, theft, cancellation or otherwise; (iii) be liable for your failure to pay any Fees billed to you by Company caused by your failure to provide Company with up to date billing information. To offset its additional processing costs, Company may charge you for administrative charges as set from time to time for administrative or account activities including collection efforts due to non-payment or having a balance over your credit limit; returned or rejected payments; or changes in personal identifier information. All administrative charges charged to you will be indicated to you on your invoice or receipt and you shall pay all such charges.
- Termination: Company may, and without prior notice, immediately terminate your ability to access the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms or any other agreement that you may have with Company (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to Company), (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Service may also include removal of some or all of the materials uploaded by you to the Service. You acknowledge and agree that all terminations may be made by Company in its sole discretion and that Company shall not be liable to you or any third-party for any termination of your access to this Service or for the removal of any of the materials uploaded by you to the Service. Any termination of these Terms by Company shall be in addition to any and all other rights and remedies that Company may have.
- Service Availability: The Company will strive to provide a consistent level of availability and performance of the Services but will not be liable for failure or delay in performance obligations due to circumstances beyond its control. This includes but is not limited to acts of war, sabotage, fire, flood, strike, unavailability or delay of third-party services, or power used by the equipment needed. The Company will not be held liable for any errors, damage, or other unexpected events resulting from the use of the Service. The “Service Level Agreement” (“SLA”) for the Platform is located at: https://www.logintc.com/sla.
- Feedback: If You provide Company with any suggestions, comments or other feedback relating to any aspect of the Service (“Feedback”), Company may use such Feedback in any other Company products or services (collectively, “Company Offerings”). Accordingly, you agree that: (a) Company is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Company, (c) Company (including all of its successors and assigns and any successors and assigns of any of the Company Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Company Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Company in respect of the Feedback.
- Third Party Tracking Tools: Company may use third-party tracking tools as part of the Service. Any information gathered via third-party tracking tools (i.e., heatmap, session analysis tools), is strictly used for experience optimization for Cyphercor products.
- Restrictions on User Content and Use of the Service: Company reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Service, you shall not:
- copy any content unless expressly permitted to do so herein.
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, abusive, harassing, tortuous, defamatory, invasive of another’s privacy, encourages criminal behavior, gives rise to civil liability, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Service or that of any users or viewers of the Service or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Service or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers that you do not have permission to collect or store;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service.
- Support: The Company shall provide some level of support to you via email or through the Website or based on your subscription during your subscription period.
- DISCLAIMER: THE SERVICE, INCLUDING THE WEBSITE AND THE PLATFORM, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SERVICE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SERVICE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. Company may alter, suspend, or discontinue the Service at any time and for any reason or no reason, without notice. The Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Company may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and Company cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password or login credential. You agree to keep your password or login credential secure. Company will not be liable for any loss or damage arising from your failure to comply with these requirements.
- Governing Law: The Terms shall be governed by and construed in accordance with the laws of the Province of Ontario without giving effect to any principles of conflicts of law. Any legal action proceeding between Company and you shall be brought exclusively in a court of competent jurisdiction in Ottawa, Ontario.
- Notices: All notices shall be sent to the following address:
LL10-4043 Carling Ave
Kanata, ON K2K 2A4