This agreement (this "Agreement") is between Polyhedron Technologies Ltd. ("Fast Time", "us", "we" and "our") and any customer and/or other user (the "Customer", "you" and "your") of Fast Times time scheduling services (the "Services") and content or other products made available by the website "myfasttime.com", any subdomain and any platform (including any mobile applications) in relation thereof (the "Website").
1. Acceptance of this Agreement.
- By accessing and/or using the Website or the Services you acknowledge having read the present Agreement and expressly agree to be bound by its terms. If you do not agree to all of the terms of this Agreement you are not authorized to access or use the Services and you must cease use of the Services and Website immediately.
- You will not use the Services or Website for any unlawful or purpose prohibited by this Agreement.
- Nothing in this clause shall limit or exclude any liability for fraud.
- You affirm that you are lawfully able to enter into contracts in both Canada and the jurisdiction in which you presently reside.
- You affrim that you are authorized to enter into this Agreement on your behalf or on behalf of the person or entity you represent.
2. Use of Services and Software.
As used herein, "Software" refers to any software incorporated into or used by the Services. Without limiting Fast Time's right or remedies, you will not:
(i) reproduce, modify, distribute, or sub-license the Software;
(ii) reverse engineer, decompile, disassemble, re-engineer, or otherwise discover, recreate, or attempt to discover or recreate the Software or its source code;
(iii) use the Software or Services in any other way that allows third parties to use or access the Software or the Services;
(iv) attempt to circumvent any part of the user interface provided by the Services for any reason;
(v) remove or alter any logo, trade mark, trade name, copyright or other proprietary notification or marking affixed to or embedded in any Content or anywhere in or on the Services; and
(vi) use the Software or the Services in any way not expressly authorized by this Agreement.
- You agree not to misuse the Services, for example by interfering with them or accessing them using a method other than the interface and instructions that we provide. You shall not allow or set up any accounts for non-humans including bots, programs, or scripts to operate the Services.
You may not do any of the following while accessing the Services:
(i) access, tamper with, or use non-public areas of the Services;
(ii) scan, probe or test for vulnerability of any system or network or breach or circumvent any authentication or security measures;
(iii) access or search or attempt to access or search the Services by any means automated or otherwise, other than those currently available and published by Fast Time;
(iv) interfere with or circumvent and feature of the Services, including any access control mechanism;
(v) interfere with, or disrupt (or attempt to do so), the access of any user, network or host including without limitation using the Services features in a manner to interfere with, overload or create undue burden on the Services; or
(vi) forge any TCP/IP packet header or any part of the header information in any electronic communication or in anyway use the Services the send deceptive or false source identifying information.
- Fast Time will provide the Services according to its current standard policies and procedures. Fast Time may change Services features and functionality from time to time and will post notice of any such change on the Website.
- You acknowledge that the Services is not intended for permanent storage and agrees not to use the Services of back-up or archival purposes.
- You will not store mission critical data on the Services.
- You may not circumvent or attempt to circumvent any limitations that Fast Time imposes on your account.
- The Services must not be used by you to generate any form of spam or unsolicited contact.
- We may interrupt the Services at any time to perform maintenance or to address and/or mitigate the effects of security breaches and other Services faults without liability to the Customer.
- Any breach of Section 2 entitles Fast Time to suspend access to the Services temporarily or permanently, or terminate this Agreement without prejudice to any other rights or remedies against you.
3. Beta Software.
Fast Time may add new features to the Services that are described and/or labelled as 'beta' or 'alpha' and henceforth shall be known as 'beta'. In addition to the Disclaimers of Liability in Section 7 below and elsewhere in this agreement:
(i) You acknowledge that beta features may be untested, non-function and/or partially functional;
(ii) Your use of any beta features is at your own risk; and
(iii) You will backup all data you added to the beta features and will not rely on the beta features for any purpose whatsoever; and
(iv) Except as specifically provided in this section, the beta features will be considered part of the Services and all provision of this Agreement relating to the Services.
4. Security, Access and Acceptable Use.
- Access to the Services provided by Fast Time are on the basis of the limited and terminable licence and are not being sold to you. No ownership, resale, reproduction or distribution rights in respect of the Services are granted through such a licence.
- The use and payment for the Services does not grant you ownership of any intellectual property rights (including for the avoidance of doubt, trade marks, patent, copyright, design rights, or any other rights whether registered or unregistered of a similar nature anywhere in the world) of the Services, Website, or content provided within.
- No guarantee or warranty is made that the Services will work identically on all browsers and all devices. It is exclusively your responsibility to check whether the Services and/or Website will work on your intended browsers or devices (HTML5 is required, and IE11 and older knowingly not supported).
- Fast Time has not obligation to monitor the Services or Website. Fast Time however has the right to monitor the Services and Website, and may disclose any information arising out of such monitoring, including without limitation Customer Data, as needed to satisfy any law, law enforcement agency, government agency or auditors, or to protect us and our other customers.
- No guarantee or warranty is made to the delivery of messages originating from the Services, including but not limited to emails, SMS (text) messages and push notifications.
- Fast Time may remove or refuse to post any material that it finds, at its sole discretion, to be offensive, undesirable, illegal or in violation of this Agreement. However, Fast Time has no obligation to remove such material.
- Content submitted or uploaded to the Services is not actively monitored and may contain objectionable content. Contact the customer support if you find any such content.
- Customer content is exclusively the responsibility of the Customer. Fast Time is in no way responsible for the uploading or submission of Customer content.
- When using the Services, you must not store, access, distribute or transmit any material or content that we deem to be unlawful, harmful, fraudulent, confidential, explicit, hateful, obscene, sextually explicit, defamatory, libellous, discriminating, infringing, or any Viruses.
- You hereby warrant and represent that you have obtained and continue to hold at all relevant times, all licences, permissions and consents required in order for you to upload, submit or send any and all Customer Data and Customer content to Fast Time and to the Services.
You grant Fast Time permission to transmit, store, replicate and distribute the uploaded Customer Data and Customer content. You agree to indemnify Fast Time for any break of this clause.
- You are responsible for safeguarding your account and maintaining the confidentiality of your username and password (use a strong password and unique password). Fast Time shall not be liable for any indirect or consequential loss, or damage whatsoever resulting from the intentional or unintentional disclosure of your username and/or password. You agree to reimburse Fast Time for any unauthorized or illegal use resulting from such access.
- As used henceforth "Subscription" refers to the fees payable by you in order to access the Services.
- All payments and Subscription fees are payable within 15 days of invoice. We may invoice you in paper or electronic form, including posting electronic invoices through the Services.
- As used henceforth "Tenant" refers to an area of the Services supporting a single Customer and it's End-Users. Each Tenant has it's own Subscription.
- Use of the Services is subject to continuous payment of the Subscription by the Customer.
- You are responsible for ensuring the accuracy of your contact and billing addresses, as indicated in your account, at all times.
- Fees may still be incurreded on suspended, disabled, or limited access (due to an unpaid Subscription) Tenants.
- Payment obligations are non-cancelable and fees paid (including pre-paid fees) are non-refunable for any reason, unless required by law. Any credits and/or fees associated with a Tenant will be lost if the Tenant is deleted.
- Fast Time reserves the right to change the fee structure at any point without notice and will take effect when purchasing new Tokens or at renewal.
- The additional Fee Terms are to be read along with this Agreement.
- If you have any billing, Subscription or fee questions please contact firstname.lastname@example.org
6. Late Payments.
- Keep a credit and/or balance in your account for the upcoming month to avoid the Subscription becoming overdue and enforcement actions being taken. We generally charge for your actual usage instead of charging you in advance.
- Payments are applied to the newest invoice first.
- If payment has not been received by the payment due date, then without prejudice, we may limit access to all or part of the Services and display a payment overdue notifications to all users of the Tenant, while the concerned invoice(s) remain unpaid. You agree that we can limit or suspend access to your Data and Customer Data on Subscriptions that are overdue and that Customer Data may be altered to enact these limitations.
- If the Subscription still has an unpaid balance 30 days after the first missed payment due date, we may terminate this Agreement without further notice, and/or reduce your Subscription level, and/or disable your Tenant/Subscription resulting in possible loss and/or deletetion of your Data and Customer Data. You may have the option at our sole discretion of reactivating a disabled account by paying a then standard re-activation fee and all other outstanding fees.
7. Limited Warranty; Limitation of Liability.
(A) THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". FAST TIME MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO COMMUNICATION BETWEEN YOU AND FAST TIME, WRITTEN OR ORAL, WILL CREATE A WARRANTY OR IN ANY WAY ALTER OR RESTRICT ANY DISCLAIMER OF WARRANTY OR LIMITATION OF LIABILITY SET FORTH IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT.
UNDER NO CIRCUMSTANCES WILL FAST TIME BE LIABLE FOR LOST PROFITS OR OTHER INDIRECT, INCIDENTAL, SPECIAL, COVER, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE USE OR INABILITY TO USE THE SERVICES OR WEBSITE.
FAST TIME WILL HAVE NO LIABILITY FOR ANY CLAIMS OR LOSSES RESULTING FROM SECURITY BREACHES, EXPOSURE OF SENSITIVE OR PRIVATE DATA (EXCEPT TO THE EXTENT THAT APPLICABLE LAW FORBIDS LIMITATION OF SUCH LIABILITY), LOSS OF DATA OR ACCESS TO DATA (INCLUDING BY SUSPENSIONS, TERMINATIONS OR CHANGES OF THIS AGREEMENT), OR MISAPPROPRIATION OF DATA.
IN NO EVENT WILL FAST TIME'S LIABILITY FOR DAMAGES, LOSSES, OR CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY THE CUSTOMER TO FAST TIME DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT FAST TIME HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(B) If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines, or practices of operating our Services, unless expressly set out in this Agreement your sole and exclusive remedy is to discontinue using the Services and the Website.
(C) Fast Time is not liable for the accuracy, truthfulness, or validity of any data entered by the Customer or provided through the Services.
(D) Fast Time provides no guarantee or warranty that the Services will be uninterrupted, reliable, timely, secure, accurate, error free, or that defects will be corrected.
(E) You acknowledge and agrees that Fast Time has set its prices and entered into this Agreement in reliance upon the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
Without limitation to any other rights Fast Time may have, you will indemnify and hold harmless Fast Time and its affiliates, employees, officers, directors, agents, licensors, successors, and assigns from and against all claims, liabilities, damages, losses and expenses, including, without limitation reasonable legal and accounting fees, arising out of or in any way connected with your access or use of the Services (and Website), or your violation of any law or the rights of a 3rd party.
Subject to clause 9.B, you will treat the following as strictly confidential:
(i) all information obtained as a result of accessing the Services, the Website, or otherwise from Fast Time;
(ii) any negotiations between you and Fast Time;
(iii) the content and provisions in the Services, the Website and this Agreement.
You may disclose confidential information only in the following situations:
(i) as it is required by law;
(ii) if the information has come to the public domain through no fault of your own;
(iii) Fast Time has given you written approval for the disclosure, provided that in each case any such information will only be disclosed after consultation with Fast Time.
Either party may terminate this agreement at any time and for any reason upon giving 30 days written notice (including electronic communication) to the other party. The following provisions of this Agreement will survive the termination of this Agreement for any reason:
(i) Section 7 (Limited Warranty; Limitation of Liability) above;
(ii) Section 8 (Indemnification) above;
(iii) Section 9 (Confidentiality) above;
(iv) any other essential provision of this Agreement that must survive to fulfill its purpose; and
(v) your payment obligations incurred before termination.
Fast Time may terminate this Agreement with immediate effect in the following cases:
(i) we believe, in our sole discretion, that you or your employees may have violated any of the terms of this Agreement (such as failure to pay fees when due); or
(ii) you use the Services in a way that causes disruption for others using the Services; or
(iii) you use the Services in a way that causes legal liability to Fast Time.
- Fast Time may terminate a demonstration account at any time without notice.
- Fast Time may terminate a free (unpaid) Subscription even if it has an outstanding credit without notice if the user that created the Subscription has not accessed it for 1 year.
- Upon termination of this Agreement or your Subscription you shall cease all use and access of the Services and Website. We have no obligation to retain your Content, Customer Content or Customer Data upon termination of the Services.
Fast Time may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment will
(i) will set out the new section only, or an amended section along with the section as it read formerly;
(ii) will be communicated to you at least 30 days before its coming into force (either by posting a notice to the Website or by email);
(iii) will set out the date that the amendment comes into force; and
(iv) if the amendment entails an increase in your obligations or a reduction in Fast Time’s obligations, you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity no later than 30 days after the amendment comes into force.
You are advised to review this Agreement periodically for any changes. Changes to this Agreement are effective when they are posted on this page.
If you refusing an amendment it will result in the termination of this Agreement and deletion of your account and related Customer Data.
12. Third-party websites.
The Services and Website may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
13. Personal Information.
14. Entire Agreement.
The failure by either party to exercise or enforce any right or provision under this Agreement will not be deemed a waiver of any such remedy or provision.
This Agreement and any policies or operating rules referred to herein, constitutes the entire Agreement and understanding between you and us and govern your use of the Services and Website, superseding and extinguishing any prior arrangements, drafts, understandings, communications, proposals or agreements between the parties, whether oral or written, between you and us (including but not limited to any previous version of this Agreement).
In the event that any provision of this Agreement is found by a court to be unlawful, void, unenforceable or illegal, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
Neither party shall be liable to the other for any failure to perform any obligation under this Agreement other than the payment of the Subscription due to an event which could not have been reasonably foreseen, including but not limited to any act of God, war, terrorism, insurrection,
political insurgence, riot, civil unrest, act of civil or military authority, uprising, flood, earthquake, or any other natural or man-made eventuality/disaster outside of the party’s control. When a party is affected by such an event it shall inform the other party and use all reasonable
endeavours and/or methods to comply with the remaining terms of this Agreement.
- Apart from the licensors and authorized suppliers of Fast Time, a person who is not a party to this Agreement has no right under this Agreement or otherwise to enforce any of the this Agreement's terms.
You are responsible and liable for use of the Services by your employees and other agents and by any third party accessing your account, including without limitation unauthorized third parties and/or agents.
Your rights and obligation in this Agreement are personal and not assignable. We may, however, assign our rights and obligations under this Agreement to third parties.
- Nothing in this Agreement shall constitute a joint venture or partnership between you and Fast Time.
- The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language.
- The laws of the Province of Saskatchewan, excluding its choice of law provisions, will govern this Agreement and any dispute that arises between you and Fast Time. All disputes related to this Agreement will be brought solely in the federal or provincial courts located in Saskatchewan, Canada, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
- Fast Time's remedies provided in this Agreement are cumulative and not exclusive.
- Fast Time uses commercially reasonable measures to ensure that backups of Customer Data are created, encrypted and distributed on a regular basis. These backups may be kept for up to 36 months and in no way constitutes a guarantee or warranty to the availability of Customer Data.
- If you have any questions regarding this Agreement contact email@example.com