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Terms of Use

Thank you for choosing Wysdom.AI.  These Terms of Use (also referred to herein as this “Agreement”) are between you and CrowdCare Corporation dba Wysdom.AI (“Wysdom.AI”, “we”, “our”, and “us”) and govern your use of our website (the “Site”). Any person who wishes to use our Site must accept these Terms of Use without change. Please read the following terms and conditions carefully. By using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please cease using the Site immediately.

 

1. Modifications to Terms of Use

We may change these Terms of Use or any other policies or guidelines governing our Site at any time in our sole discretion.  Any changes will be effective upon the posting of the revisions on our Site.  Your use of our Site will be subject to the most current version of the Terms of Use posted on our Site at the time of such use.  Your continued use of our Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes.  Please consult these Terms of Use regularly.  If you do not agree to any changes to these Terms of Use, please immediately discontinue your use of our Site.

 

2. Privacy Policy

Please click here to read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes.  You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy.  By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to our Privacy Policy.

 

3. Proprietary Content

 The entire contents of our Site, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, and Site’s “look and feel”, logos, slogans, trade-marks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Site as a collective work and/or compilation is protected under Canadian copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us (“Wysdom Content”) or has been licensed to us as described below. Except as expressly provided in these Terms of Use, nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade-mark, service mark, or any other intellectual property.

 

4. Limited Right to Use Content

Wysdom.AI grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable, limited license to use the Site for information purposes only.  You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Site or the Wysdom Content (collectively, “Content”), in whole or in part,  for any public or commercial purpose, without the prior written consent of Wysdom.AI.  Except for the express license granted to you above, no right, title, interest or license to the Wysdom.AI Site is otherwise granted to you

 

5. Hyperlinks

Our Site may contain hyperlinks to other sites that are not maintained by, or related to, Wysdom.AI.  Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by Wysdom.AI of, any affiliation with or endorsement by the owner of the linked site.  We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Site. Use of such third party sites is solely at your own risk.  Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.

 

6. Use of our Site

(a)       We expect that you will access and use our Site in a professional, responsible and business-like manner in accordance with applicable laws.  By using our Site, you have the opportunity to engage in dialogue with representatives of Wysdom.AI if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as any such Suggestions,  or interaction is not obscene, illegal, threatening, defamatory, libelous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.

(b)       You are not obligated to provide us with Suggestions regarding our Site. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.

(c)        You further agree that you must use our Site for lawful purposes only and represent and warrant that you will not use our Site to:

(i)         transmit any Suggestions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(ii)        transmit any Suggestions that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;

(iii)       transmit any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(iv)       impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;

(v)        transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any Wysdom.AI or third party computer hardware, software, networks, or hardware or telecommunications equipment;

(vi)       interfere or attempt to interfere with or disrupt our Site including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to our Site;

(vii)      direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;

(viii)     violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Site; or

(ix)       modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Site (except as may be expressly permitted in these Terms of Use), including but not limited to any portion of our Site.

 

You will not attempt to gain access to Wysdom.AI’s private system areas or to other areas to which you are not expressly permitted access and you shall not reverse engineer or attempt to reverse engineer any portion of the Site or its software. You agree that if any of your activities are found to disrupt or damage Wysdom.AI’s hardware, software, system or their functions, you will reimburse Wysdom.AI for system administration costs incurred in repairing the affected systems as well as direct and consequential damages incurred by Wysdom.AI arising out of your activities.

 

7. License

You hereby grant us a perpetual, irrevocable, worldwide, transferable right and license to use, disclose, copy, modify, make derivative works from and otherwise commercialize, without any further accounting or payment of monies to you, of all anonymised information and data that may be collected from you in connection with our Site.  For greater clarity, you will always have control over your personal information and we shall only collect, use, store and disclose your personal information in accordance with our Privacy Policy.

 

8. Disclaimer of Warranties/Limitation of Liability

(a)       You understand that we will use commercially reasonable efforts to provide our Site and Content but we cannot and do not guarantee or promise any specific and intended results from the use of our Site and Content. You also understand that any information and Content is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on our Site and Content will be at your own risk and that you must evaluate and bear all risks associated with the use of our Site.

 

(b)       We do not warrant or represent that files or information available for access or downloading from the Internet, hyperlinked sites, our Site or any files and emails from us will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are solely responsible for any damages to your computer systems or loss of data that results from any internet access or our site.

 

(c)        Your use of our Site and Content is at your own risk. Our Site and Content is provided on an “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. We hereby disclaim all representations, warranties, conditions, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights. Wysdom.AI, and its suppliers and partners expressly disclaim all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for our site and content.  We make no representations, warranties or conditions regarding the availability appropriateness, completeness, accuracy, or currency of our Site or Content.  For greater clarity, we do not represent or warrant that: (i) our Site or Content does not and will not infringe, or be subject to any intellectual property claims, or a claim of infringing the trademark or other rights of another party; (ii) our Site or Content will be uninterrupted, functional, secure, reliable, accurate, complete, current, useful, suitable, secure or error-free; (iii) our Site or Content will be suitable, accurate, correct, reliable, complete, timely, error-free or will meet your requirements and expectations in any way; (iv) any defects in our Site or Content will be corrected; and (v) we have verified or endorsed any Content.  Our Site and Content may include technical inaccuracies or typographical errors, and we may make changes or improvements to the site or content at any time.

 

(d)       In no event shall Wysdom.AI, its directors, officers, shareholders, employees, third party providers, agents,  suppliers and partners, be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any Content provided on our site; (ii) your use of or inability to use our Site or Content; (iii) your violations of trademark infringement or other intellectual property rights; or (iv) any other matters relating to our site or content, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages.

 

(e)       You agree that the limitations of liability set forth in this section will survive any termination of this Agreement. In no event shall Wysdom.AI’s or its affiliates’, directors’, officers’, employees’, contractors’, advisors’, agents’, third-party partners’ or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to your use of the site exceed $CAD100.

 

(f)        We disclaim any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law.  Certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.

 

9. Indemnity

You hereby agree to indemnify, defend, and hold harmless Wysdom.AI, its employees, contractors, agents, officers, directors, successors and assigns and its affiliated companies, and their officers, directors, employees, contractors, advisors, agents, third party partners and suppliers ( from and against any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including legal fees, arising out of or related to (a) your use or misuse of our Site or Content;; or (d) any breach or violation by you of these Terms of Use.

 

10. System Security

You are prohibited from using any services or facilities provided in connection with our Site to compromise security or tamper with our system resources and/or accounts.

 

11. General

(a)       Dispute Resolution. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the Site, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitration will be conducted by one arbitrator and the seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be English. The decision of the arbitrator shall be binding upon the parties hereto.  [

 

(b)       Governing Law; Jurisdiction.  These Terms of Use and any action related thereto or related to our Site (including any Content) shall be governed, by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws.  Subject to Section 11(a), you agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of our Site will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts.  Your use of our Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Site in any such circumstances.

 

(c)       Termination.  You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use our Site.  You expressly waive and release Wysdom.AI from any and all claims you may have against Wysdom.AI arising out of or related to any such termination.  If you wish to terminate your account, you may choose to cease use of the Site or to send us notification by email at legal@wysdom.ai. If you are dissatisfied with our Site, including these Terms of Use, your sole remedy is to discontinue using our Site.

 

(d)       Entire Agreement. These Terms of Use and any of our other legal notices, policies and guidelines linked to these Terms of Use constitute the entire agreement between you and Wysdom.AI relating to your use of our Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on our Site.

 

(e)       Severability.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

 

Last Modified
These Terms and Conditions were last modified on November 23, 2018.