ActivPour Construction Terms of Service
Last Updated: 2025-03-12
1. Acceptance of Terms
Welcome to ActivPour Construction (“we,” “us,” or “our”). By accessing or using [describe services, e.g., “our website, mobile application, and any associated services”] (collectively, the “Services”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Services.
2. Eligibility
Our Services are intended for individuals who are at least [age of majority in your jurisdiction, typically 18]. If you are under the age of 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You must be legally capable of entering into binding contracts in your jurisdiction.
3. Account Registration and Responsibilities
You may need to register for an account to access certain features of our Services. By registering, you agree to provide accurate, current, and complete information. You are responsible for:
- Keeping your account credentials confidential.
- Immediately notifying us of any unauthorized use of your account.
- Accepting all risks and responsibility for activities conducted under your account.
We reserve the right to suspend or terminate any account that we suspect may be involved in fraudulent activity or violates these Terms.
4. Acceptable Use and Conduct
You agree to use the Services in a manner that is lawful, respectful, and complies with all applicable local, national, and international laws and regulations. Prohibited conduct includes, but is not limited to:
- Engaging in any activity that could interfere with the functioning of the Services or the networks and systems that support it.
- Transmitting, uploading, or sharing content that is illegal, abusive, defamatory, obscene, or otherwise objectionable.
- Attempting to gain unauthorized access to other users’ accounts or the Services’ backend infrastructure.
- Violating or infringing upon our intellectual property rights or those of others.
5. User-Generated Content and Licensing
You retain ownership of any content that you post, upload, or otherwise share on or through the Services (“User Content”). By sharing User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, store, reproduce, modify, create derivative works from, distribute, and publicly display your User Content solely for the purposes of operating, promoting, and improving our Services.
You represent and warrant that:
- You own or have the necessary licenses, rights, and permissions to share the User Content.
- The User Content does not infringe, violate, or misappropriate any third party’s rights.
6. Privacy and Data Security
We respect your privacy and are committed to protecting your personal information. Our collection, use, and disclosure of personal data is governed by our Privacy Policy, available here. By using our Services, you consent to our data practices as outlined in the Privacy Policy.
7. Fees and Payment Terms
[For paid services] Certain features of our Services may require payment. All fees, pricing plans, and payment terms will be disclosed prior to purchase. You agree to:
- Pay all fees in accordance with your selected subscription or purchase plan.
- Allow us to charge your payment method for all applicable fees.
- Acknowledge that fees are non-refundable unless otherwise stated in our cancellation policy.
We reserve the right to modify our fees at any time. Changes to fees will be communicated in advance and will only affect future purchases or renewals.
8. Intellectual Property Rights
Our Services, including but not limited to text, images, software, code, trademarks, logos, and other proprietary materials, are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for personal or internal business purposes. You may not copy, modify, distribute, or create derivative works based on our content without our prior written consent.
9. Third-Party Services and Content
Our Services may contain links to third-party websites or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of third-party websites. You acknowledge that any use of these third-party services is at your own risk, and we encourage you to review their terms and policies.
10. Disclaimers
The Services are provided on an “as-is” and “as-available” basis. We make no warranties or representations, express or implied, about the quality, accuracy, or reliability of our Services, including that:
- The Services will meet your specific requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- Any errors or issues will be corrected.
To the fullest extent permitted by law, we disclaim any warranties, including those of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, punitive, special, or consequential damages, including loss of profits, data, or goodwill, arising from or in connection with your use or inability to use the Services. Our total liability for all claims arising out of or related to these Terms or the Services will not exceed the amount paid by you, if any, to access the Services.
12. Indemnification
You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, agents, and licensors harmless from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
13. Governing Law and Dispute Resolution
These Terms and any disputes related to these Terms or the Services shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law principles. Any disputes will be resolved exclusively by the courts in Canada. You agree to submit to the jurisdiction of these courts.
14. Changes to Terms
We reserve the right to update or modify these Terms at any time. Any changes will be posted on our website and, where appropriate, notified to you by email. Your continued use of the Services after such changes signifies your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue using the Services.
15. Miscellaneous
- Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the use of the Services.
- Severability: If any provision of these Terms is found to be unenforceable, it shall not affect the validity and enforceability of the remaining provisions.
- Waiver: Our failure to enforce any right or provision under these Terms does not constitute a waiver of such right or provision.
16. Contact Information
For questions, concerns, or further assistance regarding these Terms, please contact us at service@activpour.ca.