Effective as of

IMPORTANT — READ CAREFULLY: These Terms and Conditions are a legal contract between you and Clawd Technologies USA Inc., if you reside in Mexico or in the United States of America, or between you and Clawd Technologies Inc., if you reside elsewhere in the world, for the use of Clawd, which includes online services, computer software and, as applicable, associated media, printed materials, and “online” or electronic documentation (collectively, the “Service”). If you are using the Service for your own needs or on behalf of an entity, you also agree to be bound by the terms and conditions of the business agreement intervened between us and that entity.

If you are accessing the Service on behalf of a third party, you certify that you are authorized to do so and accept that if the said third party claims that you do not have such authority, you will be held responsible and agree to indemnify and hold us harmless for this purpose.

BY REGISTERING FOR THE USE OF THE SERVICE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW.

IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT INSTALL OR USE THIS APPLICATION OR THE SERVICE AND EXIT NOW.

Limited license to use

The Service is provided to you by Clawd Technologies USA Inc. or Clawd Technologies Inc. based on where you reside. (“Clawd”). Clawd grants you a limited, non-exclusive, non-transferable, revocable license allowing you to display the content of this site on the computer or other electronic device you use, solely to access the Service. You agree not to, or allow others to, directly or indirectly, attempt or actually disrupt, impair or interfere with, alter or modify this site or any of its content.

Clawd may utilize third-party service providers to provide certain tools and/or programs, some of which may be housed on a third-party server or a site which has been independently developed by others. As such, while accessing the Service you may be linked to such other third-party servers. Access to other sites or use of any third-party tools or programs on this site is subject to all the terms and conditions found therein.

Proprietary rights on information

Clawd has no rights on your documents and information except for the permission you have granted to Clawd, its affiliates and trusted third parties it works with to host, access, store, back up, share and scan your documents and information in order to provide you with features like searching, categorization, editing, messages and email organization, thumbnails, documents previews, notifications, alerts, QR code generation, document protection, etc. Please understand that all information submitted with the Service might potentially be publicly accessible. Therefore, you should protect all your important and private information using the tools provided by the Service. We are not liable for protection of privacy of electronic mail or other information transferred over the Internet or through any other network provider that you may use.

Our network resources may not be used to impersonate another person or otherwise misrepresent an authorization to act on our behalf or on behalf of others. All messages transmitted through the Service should correctly identify the sender; you cannot alter the attribution of origin in electronic mail messages or posting.

Copyright

This site has been developed by Clawd Technologies Inc. and is used under license by Clawd Technologies USA Inc. All information and materials contained on this site are protected by copyright, trademark and/or other intellectual property laws of Canada and other countries, and are the property of their respective owner(s). Subject to the limited license to use this site as described above, no person may copy, redistribute, reproduce or republish in any form, or link to this site or its contents in any manner whatsoever, including by way of hyperlinks or framing, unless that person has obtained the prior written consent of Clawd. Any infringement of the rights of Clawd or any third party may result in appropriate legal action.

Trademarks

Clawd owns or has obtained the right to use by license or otherwise the trademarks, logos and domain names used on or in connection with the goods and services that it provides and displays on this site. The trademarks are protected by Canadian and foreign trademark laws. All rights reserved. The display of trademarks on this site shall not in any way be construed as an implied license to use such trademarks.

The trademarks displayed on this site followed by the ®, TM or MC symbol at first time of use, are registered or unregistered trademarks of Clawd or an affiliate unless otherwise indicated.

Your responsibilities

You have an important role to play in using the Service. Before using this Service, read the Terms of the Business Agreement, Privacy Policy and Internet Security Statement. Our Service has not been designed and is not intended for a person under the age of 13. By using the Service, you declare and represent to us that you are over 13. If you are not over 13, you may not use the Service.

Your username and password should be kept confidential. (1) Do not share them with anyone either deliberately or through carelessness. (2) Do not select a password that would be obvious or easy to guess (e.g. “12345” or “password”). (3) Take precautions that no one can see your login information when logging in. (4) Memorize your username and password. If you must record it on paper, store it in a safe location and do not keep the username and password together. (5) Change your password from time to time. (6) Do not leave your computer or other electronic device unattended when you are logged in. Sign off if you are going to be away from your computer or other electronic device, even for short periods of time. (7) Email uses outside the Service is not encrypted; therefore it is not recommended that you send any personal or confidential information to Clawd or any third-party by e-mail (e.g. username, password).

If you submit any information through the Service, you agree not to (1) post or transmit anything that is defamatory, abusive, vulgar, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other site users through unsolicited email, telephone calls, mailings or any other method of communication.

You may not (1) take any action that imposes an unreasonable load on the Service’s infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Service, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the Service.

When retrieving information from the Service, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the Service except for the purpose of the use of the Service, or (3) accessing data not intended for such user.

Should you decide to submit, enter or transmit through use of the Service information or materials of any kind, you are responsible for ensuring that you may do so and that such information and materials may be accessed, used, copied, distributed and adapted by other users of the Service (including Clawd or its host providers) without liability or restriction.

General Disclaimer and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SERVICE AND THROUGH CLAWD ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. CLAWD AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS DISCLAIM ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. CLAWD AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE TOOLS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SERVICE AND THROUGH CLAWD ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR ENTITY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TOOLS AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL CLAWD, OR ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICE OR ANY USE OF THE SERVICE, OR OF ANY SITE, TOOL OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SERVICE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CLAWD OR ANY OF ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

The Service contains links to other sites which sites may not be maintained or controlled in any way by Clawd. Links to such sites that are not maintained or controlled by Clawd are provided for convenience only and are not to be construed as an endorsement by Clawd or any other part of the products, services, advice or opinions or any other content of such sites. Access or use of sites to which links are provided are subject to the terms and conditions of such sites.

No endorsement or approval of any third party or their statements, opinions, information, products, or services is expressed or implied by the contents of the Service. To the extent any third-party opinions or information are included on our Web Site or through the Service, they are provided for convenience only and Clawd assumes no liability and does not approve or endorse such third-party content, or warrant such content to be accurate, complete, reliable, verified, error free, or fit for any purpose.

Credentials

Your username, password and PIN obtained from Clawd will constitute your digital signature (“Digital Signature”) in your dealings on the Service. You authorize Clawd, or any other party, as applicable, to execute any instructions that are provided pursuant to your Digital Signature. You acknowledge and agree that your Digital Signature is the legal equivalent to your written, signed instructions. You agree that the web pages you access shall constitute written documents and that clicking or otherwise electronically activating “accept”, “save”, “submit”, “continue”, “ok” or any other similar icons on such pages according to online instructions shall have, except as otherwise specifically indicated, the same legal effect as if you had signed and delivered hard copy versions of such documents to Clawd.

You agree to be liable for all uses of your Digital Signature and you acknowledge that Clawd shall not be required to verify the actual identity or authority of any user of your Digital Signature. You further agree to be liable for any loss caused as a result of or in connection with, any use or unauthorized use of your Digital Signature, including any transaction performed, or information obtained through such use, even without your knowledge or consent.

You agree to take appropriate security measures to protect the confidentiality of your Digital Signature (including those measures set forth in Your responsibility) and to prevent against misuse of your Digital Signature. You will notify Clawd and our third party acting as Certification Authority, UnikSign Technologies inc. (www.uniksign.com) immediately should the confidentiality of your user ID or password or PIN be in jeopardy or that there has been unauthorized use of your Digital Signature.

Entity Account

If you intent to use the Service on a paid account basis, Clawd will automatically bill you or the Entity you represent. According to the type of certification level you have obtained from our third-party acting as a Certification Service Provider, UnikSign Technologies Inc. (www.uniksign.com), Clawd will automatically route the payment process on his servers located in United State of America (for users and Entity located in USA or Mexico) or in Canada (for users or Entity located elsewhere in the world). Every user or Entity routed on the United State of America servers will be billed in US dollars and be under contract with Clawd Technologies USA Inc. Every user routed on Canadian servers will be billed in Canadian dollars and be under contract with Clawd Technologies Inc.

You, or the Entity you represent, are responsible for all applicable taxes. Any account opened with Clawd can be cancelled at any time but Clawd will not issue a refund unless it is legally required. When a credit card is used to open an account or to buy a product or a service, Clawd redirects the user on the TD Bank’s Web Service. A SSL certificate protects the transmission of the user’s credit card information.

Clawd may change prices at any time without notice. Nevertheless, Clawd shall notify you in advance of these changes through your account or the account of the Entity you represent.

Complaint handling procedures

Clawd takes customer complaints as serious matters. So that we may resolve any complaint or dispute, you agree to contact us by email at complainthandlingprocedures@myclawd.com. After a prompt and thorough investigation into your complaint, you will be notified, no later than five (5) business days, of Clawd’s intended action. After having received our solution to resolve your complaint, you will have ten (10) business days to communicate with Clawd to indicate if you are satisfied with our solution or if you have a better solution to resolve your complaint. You agree in not filing a claim against Clawd during the period of the complaint handling procedure.

Amendments

Clawd may amend the content of his Web Site (www.myclawd.com) and any or all of the Service at any time, with or without noticing you. This Web Site or the Service may periodically be unavailable to you in order to allow for maintenance, updates or other reasonable causes, including causes beyond the control of Clawd.

Clawd may amend this Agreement at any time without prior notice to you, so we recommend that you review this Agreement regularly. Any changes to this Agreement will be posted on this site from time to time. By accessing or using this site, you agree to be bound by any such change.

Termination

Clawd may cancel any or all of the services provided by, or your access to, this site at any time without notice to you. Clawd will have no liability for any loss, damage or inconvenience that may result from cancellation.

You may stop using the Service at any time by providing notice in writing or by electronic means to Clawd at least thirty (30) days prior to the effective date of cancellation.

Website terms of use

You agree to be bound by all the terms and conditions contained in the Privacy Policy and Internet Security Statement, which terms and conditions are incorporated herein and form integral part this Agreement.

General

This agreement shall be governed by the laws of the Province of Ontario and the federal laws applicable therein. You agree that any legal actions arising under this Agreement must be commenced before the Superior Court of Justice of the city of Ottawa, province of Ontario.

This Agreement is the entire Agreement between you and Clawd. If there is any inconsistency or conflict between the terms and conditions of this Agreement and those of any predecessor agreement that you may have entered into relating to any access method offered by Clawd, this Agreement shall prevail.

This Agreement is binding on you, your heirs, executors, administrators, legal representatives, successors and assigns.

If any provision of this Agreement is determined to be invalid or unenforceable, everything else in this Agreement shall continue in full force and effect.

Provision solely applicable to Quebec / Disposition applicable uniquement au Québec

You acknowledge having requested that this agreement and any related document be drawn up in English. Vous reconnaissez avoir exigé que la présente convention et les documents s’y rattachant soient rédigés en Anglais.

More information

For more information concerning the Terms of use of the Service or if you have any other questions about Clawd or comments about the Service, send an email to: info@myclawd.com

© 2017 Clawd Technologies Inc. / Clawd Technologies USA Inc.