Date Last Revised: February 13, 2017
Thank you for using our Services. All website services provided to you by Salt Edge Inc. and any of its respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as "Salt Edge" , "we" , "our" , or "us" ; applicable both in upper and lower case), including but not limited to the Salt Edge forum, blog, bulletin board, application programming interfaces ( "APIs" ) and software development kits ( "SDKs" ), are provided to you subject to the following terms and conditions of service. We highly recommend you review these General Terms of Service ( "Agreement" ) thoroughly before accessing our services or joining our public forums.
This Agreement applies to visitors to our website located at www.saltedge.com (the "Website" ), as well as to corporate customers who use our APIs, SDKs and services on behalf of their end users, and to end users who use our Website, mobile applications and any other services, products or content made available by Salt Edge (collectively "Users"/ "You" ). By deciding to use or access (either by computer, mobile or other electronic device now or hereafter devised) our Website (including the mobile enabled website), or mobile application or any products, content or other services available on Salt Edge (each a "Service" and collectively, the "Services" ), you agree to be bound by this Agreement as well as:
- Privacy and Security Policy which sets out Salt Edge’s data practices.
- Any terms provided separately to you or indicated on the Website as applying to your use of the Services (for example, the Additional Terms of Services, separate product or program terms, ordering, activation and payment terms).
- Additional third party terms and conditions indicated in this Agreement or in other documents on the Website.
2. Your Rights to Use the Services
2.1 License Grant. Our Services are protected by copyright, trade secret, and other intellectual property laws. Salt Edge hereby grants you a personal, limited, non-exclusive, non-transferable right and license to use our Services during the term of this Agreement in accordance with the terms and conditions of this Agreement. Except for rights expressly granted to Users, Salt Edge reserves all other rights, title and interest in and to the Services and the underlying technology used to provide the Services. Users acknowledge that only Salt Edge shall have the right to maintain, enhance or otherwise modify the Services and the Salt Edge technology unless specific permissions are granted to you in a separate agreement with Salt Edge.
Users shall use the Services solely as contemplated in this Agreement and shall not directly
or indirectly license, sublicense, sell, resell, lease, transfer, assign, distribute, time
share or otherwise make the Services available to any third party including making the Services
available through any file-sharing method or any application hosting service. Users shall not,
except to the extent expressly agreed upon in writing by Salt Edge with the User:
(a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Salt Edge technology (including our APIs and other software) except to the extent expressly agreed upon in writing by Salt Edge with the User or to the extent that enforcement is prohibited by applicable law notwithstanding a contractual provision to the contrary;
(b) circumvent any user limits or other use restrictions that are built into the Services;
(c) remove any proprietary notices, labels, or marks from the Services or Salt Edge technology; or
(d) access the Services in order to (i) build a competitive product or service; or (ii) copy any ideas, features, functions or graphics of the Services.
The following terms are applicable for Services offered on a payment or subscription basis, unless Salt Edge notifies you otherwise in writing. This Agreement also incorporates by reference and includes ordering and payment terms provided to you on the Website for the Services:
- You agree that all payments will be billed to you in U.S. dollars and your account will be debited at the time agreed upon by Salt Edge with you when subscribing for the Services.
You also agree that Salt Edge reserves the right to select the method in which to make
payments for our Services. These payment methods may include, but are not limited to, an
electronic payment and/or a cheque payment. In this case you must pay with one of the
- Wire transfer;
- A valid credit card acceptable to Salt Edge;
- A valid debit card acceptable to Salt Edge;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due;
- Or by any other payment option Salt Edge provides to you in writing.
- You acknowledge that we may suspend or terminate your account if we determine that your payment and registration information is not accurate, current, or complete and you do not notify us promptly when such information changes. We also will terminate your account promptly if we determine that you are using someone else’s information (referred to as "identity theft" ).
- Failure to notify us of any updates to your payment method (e.g., credit card expiration date) may result in denial of the Services and termination of this Agreement, your account and your right to receive the Services.
- Unless Services are suspended or terminated under this Agreement, Salt Edge will automatically renew your monthly, quarterly, or annual Services at the then-current rates.
4. Use with your Mobile Device
Our Services may be available to you through a compatible mobile device, Internet access and may require software. You agree that as a User you are solely responsible for these technical requirements, including but not limited to: any applicable charges, updates and additional fees, and using the Services in compliance with the terms of your agreement with your mobile device and telecommunications provider.
You acknowledge that Salt Edge makes no warranties or representations of any kind, express, statutory or implied as to:
- whether telecommunication services from your provider will be available and accessible at any time or from any location;
- any loss, damage, or other security intrusion of the telecommunication services; and
- whether your information may be disclosed to third parties or failure to transmit any data, communications or settings connected with the services.
5. Your Personal Information
You can view Salt Edge’s Privacy and Security Policy which governs our use of information collected through the Services. You agree to the applicable Salt Edge Privacy and Security Policy, and any subsequent changes published by Salt Edge and that Salt Edge may use and maintain your data according to Salt Edge's Privacy and Security Policy, as part of the Services. By uploading or entering any information for Services and by using the Services, you agree and grant Salt Edge permission to aggregate your personal data entered or uploaded to help us enhance our services. You also agree that Salt Edge may combine your business data, if any, with that of others in a way that does not identify you or any individual personally and to share or publish summary results relating to research data and to distribute or license such data to third parties. We also have the right to aggregate non-personal information with that of other Users of the Services and/or other Salt Edge services. That means, for instance, Salt Edge may use the aggregated, non-identifiable data to improve the Services, to design promotions and generally to compare and improve business practices. You also agree that Salt Edge, being a global company, may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
6. User Generated Content
6.1 Content Generally. Salt Edge is not responsible for any materials uploaded, posted or stored through your use (or other Users’ use) of the Services (collectively "Content" ). Users are responsible for the integrity of their own Content. Salt Edge encourages all Users (whether end users who have signed up to the Salt Edge forum or corporate customers who have subscribed to certain Services) to keep records of their account information and ensure such information is updated to allow us to provide you with all required and appropriate warnings, information and disclosures, including but not limited to notifications or warnings where an account appears to have been compromised.
If you submit any Content on the Salt Edge forum, you hereby grant Salt Edge the royalty-free, non-exclusive license to publish on the Website, host and use such Content to provide the Services and for purposes of advertising and to provide feedback to Users.
6.2 Conduct and Content Rules
In using Salt Edge forums or any other features of the Services, You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
Uploading, posting, emailing, transmitting or otherwise make available any Content:
- that is unlawful, harmful, fraudulent, pornographic, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of any other person's rights including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- which is unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of direct solicitation;
- that 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
- that could harm minors in any way;
- impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;
intentionally or unintentionally violating any applicable local, provincial, federal or
international law, including, but not limited to:
- any law limiting or regulating the export of goods and technology outside of Canada; and
- which prohibits providing material support or resources to conceal or disguise the nature, location, source, or ownership of material support;
- "stalking" or otherwise harassing another User;
- collecting or storing personal data about other Users in connection with the prohibited conduct and activities set forth in this Section; and/or
- introducing any virus, Trojan horse, worm or other disruptive or harmful software or data.
You agree to indemnify us for any and all claims, damages, losses and expenses (including reasonable legal fees) relating to any acts by you, including but not limited to any Content submitted by you, in connection with using the Services, resulting in claims against us by other Users or third parties. Salt Edge reserves the right to terminate User accounts and take further action against any User found to be in violation of the Conduct and Content Rules in this Section 6.2.
6.4 Feedback. Salt Edge may freely use any suggestions, feedback or ideas you may provide. By providing any feedback to Salt Edge you are granting us a perpetual, worldwide, fully transferable, sub licensable, non-revocable, royalty free, license to use the feedback that you provide. We may put your provided feedback in various uses that may include but not limited to modifying and improving our current and future services, improving other products, services advertising or marketing materials.
6.5 Enforcement. Salt Edge reserves the right at all times to remove or refuse to distribute any Content and to monitor Content but has no obligation to do so. Salt Edge also reserve 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 this Agreement 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.
7. Additional Terms
7.1 No Professional Advice. Salt Edge does not give professional advice and unless specifically included with the Services, Salt Edge is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. If you wish to have assistance for Services relating to the above professions, you should consult the services of a competent and trusted professional.
7.2 No Responsibility for Credit Files. Salt Edge neither controls nor is responsible for the accuracy or the content of your credit file including but not limited to information delivered on the credit report or the score products. We do not provide any advice or assistance including but not limited to financial claims for the purpose of improving your credit report, credit history, or credit rating.
7.3 Updates on Salt Edge Services. If you have opted in to receive communications about our other products and services, Salt Edge may send you communication about other services we offer to our Users from time to time. Additional terms and conditions and fees may apply to additional services offered from time to time.
7.4 Service Notifications. From time to time we may send you communications regarding our Services including updates to this Agreement or our Privacy and Security Policy and notifications which relate to the Services you have subscribed to use and any other notifications which may be required by law. Such notification will be sent via email, to your account or by posting them on the Website.
7.5 Security. You acknowledge that it is your responsibility to secure your login and password(s) for the Services and to immediately contact us in case you suspect any unauthorized access to your account.
8. Disclaimer of Warranties
SALT EDGE, ITS AFFILIATES AND SUPPLIERS DO NOT GUARANTEE THE ADEQUACY OF THE SERVICES OR WEBSITE OR COMPATIBILITY AND SECURITY THEREOF TO YOUR COMPUTER EQUIPMENT AND DO NOT WARRANT THAT THIS WEBSITE, THE SERVICES, ITS SERVERS, OR ANY EMAILS OR COMMUNICATIONS TRANSMITTED VIA THE SERVICES WILL BE FREE OF VIRUSES OR SECURE AGAINST HACKING ATTACKS.
In certain jurisdictions some or all of the provisions in this Section may not be effective or the applicable law may mandate a more extensive warranty in which case the applicable law will prevail over this Agreement.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT SALT EDGE, ITS AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SALT EDGE SYSTEMS REQUIREMENTS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SALT EDGE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION; (III) CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE OR SERVICES. THE ABOVE LIMITATIONS APPLY EVEN IF SALT EDGE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE CONTRARY THEREIN, SALT EDGE'S LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $100 (ONE HUNDRED UNITED STATES DOLLARS).
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER SALT EDGE NOR ANY OF ITS SUPPLIERS WOULD GRANT THE RIGHTS GRANTED IN THIS AGREEMENT.
10. Changes to the Agreement and Services
Salt Edge reserves the right to change this Agreement at any time and from time to time. The new Agreement shall be effective once it is posted on our Website or through the Services or upon notifying you by other means (e.g., via a notification to your email). Salt Edge may also in its sole discretion and at any time discontinue providing the Services, or any parts of the Services, with or without notice, however this will not impact any Services which you have paid for in advance and will only apply to future Services which have not yet been purchased by you. You agree that any suspension and/or termination of our Services may be effected without prior notice, and you acknowledge and agree that your continued use of the Services after the date of changes to this Agreement or our Services indicates your agreement to the changes. The date of last update of this Agreement is set out at the top of this document.
You acknowledge and agree that Salt Edge in its sole discretion and without notice may suspend or terminate this Agreement, your User account, or use of our Website and remove and discard any content within the Service for any reason, including if Salt Edge believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You will not be able to continue using the Services upon termination and any outstanding payments will become due. You acknowledge that in the event of termination of this Agreement Sections 1 through 15 will survive and remain in effect and that the termination shall not affect our rights to any payments due to us. You further acknowledge that Salt Edge may terminate any free account anytime and shall not be liable to you or to any other person as a result of any such suspension or termination.
12. Export Restrictions
No Services, including the mobile applications and the underlying software may be exported or re-exported. Transfer or export of such intellectual property is subject to restrictions under export control laws and regulations administered by Canadian government. By accepting the terms of service that define this Agreement, you also agree to comply with these laws and regulations hence you will not export or re-export any part of the Services, whether directly or indirectly, or in any other manner that contravenes these laws and regulations.
13. Laws and Jurisdictions
You agree that any claims or disputes arising in relation to your use of the Services or Website will be governed by the Ontario provincial law and the Federal laws applicable thereto, regardless of the conflict of law provisions thereof.
If a dispute arises between you and Salt Edge, our goal is to provide a neutral and cost effective means of resolving the dispute quickly. YOU AGREE THAT ANY DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION UNDER ONTARIO LAW, RATHER THAN COURT LITIGATION. This arbitration provision shall survive termination of this Agreement. If arbitration cannot resolve the issue, you agree to submit to the personal jurisdiction of the Small Claims Courts located within Ontario, for the purpose of litigating all such claims or disputes. YOU AND SALT EDGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND SALT EDGE ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to:Salt Edge Inc.
40 King Street West, Suite 2100
15.1 Entire Agreement. Except as expressly provided elsewhere on our Website, this Agreement, our Privacy and Security Policy and any other documents which are stated to apply to you as a User of the Services including the Additional Terms of Services, constitute the entire agreement between you and Salt Edge with respect to the use of our Website and Services and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
15.2 Severability; Waiver. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term.
15.3 Assignment. You cannot assign or transfer ownership of this Agreement to anyone without prior written approval of Salt Edge. However Salt Edge, at its sole discretion, may assign or transfer it without your consent to (i) an affiliate, (ii) a company through a sale of assets by Salt Edge or (iii) a successor by merger. However, any assignment that is in contravention of this Agreement shall be considered void.
16. Contact Us
For more information about our Services or if you have questions about these General Terms of Service, please contact us at email@example.com.