TERMS

These Terms of Use are effective as of January 1, 2024.

Welcome to Easywebapp! These Terms of Use (“Terms”) apply to your (“you” or “your”) use of Easywebapp’s mobile app platform (the “Service”). By using the Service, you agree that these terms will become a legally binding agreement between you and the Easywebapp Contracting Entity identified in these Terms (“Easywebapp”).

1. Overview

Easywebapp is a mobile app platform that empowers people to use an Easywebapp (Website and App). When you use the Service, you’ll have access to a website and mobile app provided by Easywebapp. The Service is made available on Easywebapp.ca, Easywebapp mobile apps, Easywebapp desktop applications, and in other forms provided or made available by Easywebapp. Your use of the Service is subject to these Terms. By using the Service you acknowledge and agree to the Easywebapp Privacy Policy.
You may use the Service only if you can form a binding contract with Easywebapp and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.

2. Using the Service

a. Age Requirement. Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).
b. Access to the Service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Easywebapp reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code.
d. Anti-discrimination. Easywebapp does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. We believe in Being a Force for Good in the world and that means we do not tolerate Easywebapp being used in inappropriate ways.
We work hard to make Easywebapp available to everyone, so we can not allow you to bring harm to Easywebapp or the platform.

3. Security and Data Privacy

a. Information Security. Easywebapp implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure. You can learn more about how Easywebapp protects the Service and your information at the Easywebapp Privacy Policy.
b. Data Privacy. Easywebapp Privacy Policy describes how Easywebapp collects, uses, transfers, discloses and stores your personal data.
c. You can use a url provided by Easywebapp to publish your website/app. We want others to know they can operate website/apps on Easywebapp, so we let them know that you operate your website/app on Easywebapp. Since our name will be in the url and on the website, we put a few extra measures in place to make sure websites are appropriate.
d. Purchasing a Domain Name Through Easywebapp. When you purchase, renew or transfer a domain name through Easywebapp, Easywebapp Inc acts as a reseller for domain name registration services through our third-party registrar, GoDaddy Operating Company, LLC. (“GoDaddy”). If you purchase a domain name through Easywebapp, you agree to and are subject to the Godaddy Master Registration Agreement (the “Godaddy Terms”). A breach of the Godaddy Terms is a breach of these Terms.
Your use of our domain services is subject to the policies of Internet Corporation for Assigned Names and Numbers (https://icann.org) (“ICANN”). You agree to comply with ICANN requirements, standards, policies, procedures and practices. Your rights and responsibilities as a domain name registrant under ICANN 2009 Registrar Accreditation Agreement are summarized here. You can learn more about domain name registration in general here.
You agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (i) all information provided to Easywebapp or Godaddy is true, complete and correct and is not misleading in any way and the application is made in good faith; and (ii) you have not previously submitted an application for the domain name and been rejected.
You must provide Easywebapp with such cooperation and support as Easywebapp may reasonably request to provide the Service as it relates to your Easywebapp Site, including by (i) responding promptly to Easywebapp communications; (ii) providing accurate and prompt responses to our requests for any information or documentation reasonably required, including to meet ICANN verification requirements; (iii) agreeing to your information being shared with ICANN and Godaddy; and (iv) obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations in respect of your proposed domain name.
Registration of a domain name does not create a proprietary right and shall not be construed as evidence of ownership. The registration can be subsequently challenged by third parties or canceled if any of the above warranties are found to be untrue, incomplete, incorrect or misleading.
You are responsible for renewing your domain name. Easywebapp will not be liable for a domain name being unavailable or canceled for any reason.
You must not present a misleading endorsement or affiliation with Easywebapp on a Easywebapp Site, including (but not limited to), by attempting to register a domain name or subdomain name that includes the word ‘Easywebapp’ or any other Easywebapp brand or trademark of Easywebapp or its affiliates. Easywebapp may include or require certain terms to be included on a Easywebapp Site at any time for any reason.
You can purchase a domain from us via a third party or bring your own domain name. There are rules that apply to everyones use of domain services and certain responsibilities you have in relation to your domain.
c. Processing Personal Data on Your Easywebapp Site. If you are a Easywebapp user collecting or processing personal data in connection with your Easywebapp, you confirm that you have read, understood and agree to our Data Processing Addendum in full, and that the Data Processing Addendum shall be incorporated into these Terms to the extent Personal Data subject to Applicable Privacy Laws (as defined in the Data Processing Addendum) is processed in your use of the Service on your behalf in connection with your Easywebapp Site. In the event of any conflict between these Terms and the Data Processing Addendum, the Data Processing Addendum shall prevail.

If you are a Easywebapp subscriber we will be your “Data Processor” under laws like the GDPR only where you are using Easywebapp to process personal data of others (such as creating a website that collects personal data).

4. Billing

Easywebapp offers a paid Service. You can learn more about Easywebapp various subscription offerings here. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.
a. Subscriptions and Renewals. If you are subscribing to Easywebapp Business, you can sign up for either a monthly or annual subscription. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.
c. Taxes. Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with Easywebapp, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.
d. Cancellation. You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable. e. Free Trials and Pilots. Easywebapp may offer you a free trial or pilot to allow you to try our Service. Easywebapp reserves the right to set eligibility requirements and the duration for free trials and pilots.
At the end of your free trial, Easywebapp will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Service will cease if you do not enter into a paid subscription prior to the end of the pilot period.
f. Changes to Pricing. Easywebapp reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

5. Easywebapp’s Intellectual Property

Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Easywebapp and its licensors. You assign to Easywebapp any suggestions, ideas, enhancement requests, or other feedback you provide to Easywebapp relating to the Service or Easywebapp products. Easywebapp owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.

We get great ideas about how to improve Easywebapp from our users. If you share feedback or ideas with us, you are letting us use that information to improve Easywebapp, and we own any of those improvements we make.

6. Warranty Disclaimer.

The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Easywebapp, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Easywebapp does not warrant that your use of the Service will be uninterrupted or error-free. Easywebapp does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Easywebapp does not own, operate, or control, and that Easywebapp is not responsible for any of your data lost, altered, intercepted or stored across such networks. Easywebapp will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Easywebapp reasonable control.

We offer the Service as-is and can not be responsible for things outside of our control.

7. Third Party Services.

You may elect to use the Service in conjunction with third-party websites, platforms or apps (including, but not limited to, those available at Easywebapp.com/apps) (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. Easywebapp makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.

Within Easywebapp, you can use apps created by third parties. Those apps might have their own set of terms that apply to you and because the apps were created by third parties, we can not be responsible for them.

8. Your Indemnity Obligations

You agree, to the extent permitted by law, to defend, indemnify and hold harmless Easywebapp and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.

If Easywebapp suffers harm due to your content or your violation of these Terms, or if someone tries to hold Easywebapp responsible for your content or your violations, you will be responsible for any costs incurred by Easywebapp and defending Easywebapp.

9. Limitation of Liability

In no event shall either party aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) $100 USD or (ii) the subscription fees paid by you to Easywebapp during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled "restrictions on use of the service.
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled "restrictions on use of the service.
Easywebapp is not responsible for, and assumes no liability for, the contents of User Content. These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party gross negligence, fraud or willful misconduct.

10. Term and Termination

a. Term. These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Easywebapp free offering, when your account is deleted or terminated.
b. Violations. If Easywebapp, in its reasonable discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to, Easywebapp Acceptable Use Policy, the Section entitled "Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) Easywebapp may take one or more of the following actions: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.

If you break the rules, we have the right to remove you and everything in your account from the Service.
c. Effect of Termination. In the event of termination of your subscription for cause due to default by Easywebapp, Easywebapp shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.
Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Designs, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. User Content included in any shared Design will continue to available within that Design even after the expiration of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Designs using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any Easywebapp Service unless you receive Easywebapp written permission.
d. Survival of Terms. Sections titled “Term and Termination,” “Billing,” “Easywebapp Intellectual Property,” “Limitation of Liability,” “Indemnification,”and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.

11. Miscellaneous

a. Compliance with Applicable Law. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. Easywebapp agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.
b. Governing Law. These Terms will be governed by and construed in accordance with the laws of the province of Ontario, without regard to its conflict of laws provisions.
c. Export Restrictions. The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit Easywebapp from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
d. Dispute Resolution.If you have a dispute arising out of these Terms, contact us here and we will attempt to work with you to resolve the dispute. If we are unable to resolve a dispute, you and Easywebapp each agree to resolve any claim, dispute, or controversy (excluding any Easywebapp claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, “Claims”), by binding arbitration by the International Centre for Dispute Resolution Canada (“ICDR”) under the Consumer Arbitration Rules then in effect for the ICDR, except as provided herein. The arbitration will be conducted through videoconferencing or at an agreed location reasonably convenient to both parties. Each party will be responsible for paying any ICDR filing, administrative and arbitrator fees in accordance with ICDR rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party data security, Intellectual Property Rights, or other proprietary rights. All Claims must be brought in the parties individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator or a court may not consolidate more than one person claims. You agree that, by entering into this agreement, you and Easywebapp are each waiving the right to a trial by jury or to participate in a class action. You and Easywebapp each agree that any Claim filed with a court in Canada for any reason shall be filed in an Canada Ontario Court.
e. Easywebapp Contracting Entity. The Easywebapp entity contracting with you under these Terms and the address to which you should send legal notices depend on where your billing address.

If your billing address is in any country except for Canada: • The Easywebapp entity entering into these Terms is Easywebapp Inc. • Legal notices should be sent to 2100 Livingston Place 222 3rd Ave SW Calgary, AB T2P 0B4, CANADA. Attn: Legal

If your billing address is in the United States: • The Easywebapp entity entering into these Terms is Easywebapp Inc. • Legal notices should be sent to 2100 Livingston Place 222 3rd Ave SW Calgary, AB T2P 0B4, CANADA. Attn: Legal

f. Assignment.You may not assign these Terms or any of your rights under these Terms without Easywebapp consent except to any successor by way of a merger, acquisition, or change of control. Easywebapp may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
g. Headings and Explanations. Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
h. Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
i. Waiver. Easywebapp express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Easywebapp ability to enforce any provision thereafter.
j. Notices. All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
k. DMCA. We respect the intellectual property rights of artists and content owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
l. Changes to these Terms. We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on Easywebapp.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
m. Changes to the Service. Easywebapp may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and Easywebapp discontinues the Service you are using during your subscription, Easywebapp will migrate or make available to you a substantially similar service provided by Easywebapp (if available) and if it is unable to do so, Easywebapp will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.

n. Entire Agreement. These Terms and the terms and policies referenced herein constitute the entire agreement between you and Easywebapp with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and Easywebapp, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.