Terms and conditions of use

Acceptance of terms of use

Welcome to the Sercom.io website, an app by Abex Technologies inc. (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the job scheduler software, available through our sercom website. io and possibly mobile applications, any associated content, including receiving educational materials and communications to manage your subscription, features and services (the “Application”), whether you are a guest or a registered user (“User ").

Please read the Terms of Use carefully before you start using the Application. By using the Application or by clicking to accept the Terms of Service if this option is made available to you, you agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you should not access or use the Application.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately upon posting and apply to all access and Users of the Application thereafter. However, any changes to the dispute resolution provisions set forth in applicable law and jurisdiction will not apply to disputes for which the parties have been notified prior to the date the change is posted on the Application.

Your continued use of the Application following the posting of revised terms of use means that you accept the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Access the app and account security

We reserve the right to withdraw or modify the Application, and any services or materials we provide on the Application, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all information you provide on the Application is correct, current and complete. You agree that all information you provide to register with this Application or otherwise, including but not limited to through the use of any interactive features of the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or other information as part of our security procedures, you must treat such information as confidential and will disclose such confidential information solely at your own risk. discretion. If you choose, at your discretion, to share your user name, password or other security information with any other person or entity in order to share access, we will not be liable for anything that such person or entity could do to compromise the security of your account.

You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any of the provisions hereof. Terms of use.

The Company may not be able to predict or anticipate technical or other difficulties that may result in the inability to obtain data, personalization settings, or other service interruptions. The Company assumes no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store user data, loss of user data, communications or personalization settings.

Prohibited uses

You may only use the Application for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

In any manner that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries) . For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. in these Terms of Use. To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation. To engage in any other conduct that restricts or inhibits the use or enjoyment of the Application by any person, or which, in our determination, may harm the Company or users of the Application or expose them to liability.

In addition, you agree not to:

Engage in behavior that exposes your personal information to unnecessary risks, such as leaving, transmitting or publishing your username or passwords; Use the App in any manner that could disable, overburden, damage, or impair the Site or interfere with people's use of the App, including their ability to engage in real-time activities through the App. Use any robot, “Spider” robot or other automatic device, process or means to access the Application for any purpose, including monitoring or copying any material on the Application. Use any manual process to monitor or copy any material on the Application or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Application. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application. 'Application. Otherwise, attempt to interfere with the proper functioning of the Application.

Monitoring and enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any reason in our sole discretion. The Service, including the Content Standards, infringes any intellectual property or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application. Terminate or suspend your access to all or part of the Application for any reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting documents on or via the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY / ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND ANY ACTIONS TAKEN AS A CONSEQUENCE INVESTIGATIONS BY COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Application, and we cannot guarantee prompt removal of objectionable material after it is posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability to anyone for performance or non-performance of the activities described in this section.

Content standards

These content standards apply to all user contributions and use of interactive services. User Contributions must fully comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. Promote sexually explicit or pornographic material, violence or discrimination based on race, gender, religion, nationality, disability, orientation or age. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or which otherwise may be in conflict with these Terms of use and our Privacy Policy. Be likely to deceive any person. Promote any illegal activity or advocate, promote or assist any illegal act. , inconvenience or unnecessary anxiety or be likely to disturb, embarrass, alarm or annoy any other person. y or affiliation with a person or organization. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Reliance on published information

The information presented on or through the Application is made available for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Application, or by anyone who may be informed of any of its contents.

This Application may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, as well as all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing these documents. These materials do not necessarily reflect the views of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by third parties.

Information about you and your visits to the application

All information we collect on this Application is subject to our Privacy Policy. By using the Application, you consent to all actions we take with respect to your information in accordance with the Privacy Policy.

Online purchases and other terms and conditions

All purchases through our Application or other transactions for the sale of services or information formed through the Application or as a result of visits made by you are governed by our Terms of Sale, which are incorporated into these Terms of Sale. usage (See policies below).

Application links

If the Application contains links to other sites and resources provided by third parties, these links are provided solely for your convenience. If you decide to access any of the third party websites linked to this Application, you do so entirely at your own risk and subject to the terms of use for such Applications.

Exclusion of guarantees

You understand that we cannot and do not guarantee that files available for downloading from the Internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR YOUR DOWNLOAD OF ANY MATERIAL POSTED THEREIN OR ON ANY APPLICATION LINKED THEREON.

YOUR USE OF THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, WITHOUT DEFECTS WILL BE CORRECTED, WHETHER OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND SUITABILITY FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of liability

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR YOUR INABILITY TO USE, THE APPLICATION, ANY APPLICATION LINKED TO IT, ANY CONTENT OF THE APPLICATION OR SUCH OTHER APPLICATIONS OR ANY SERVICE OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN FORESEEABLE.

IN NO EVENT SHALL THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, BE COLLECTIVELY LIABLE TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE DURING THE PAST TWELVE MONTHS FROM WHICH LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Compensation

You agree to defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns. respective parties from any claim, liability, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising from or relating to your violation of these Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the content, services and products of the Application other than as expressly authorized in these Terms of Use or your use of any information obtained from the Application.

Waiver and severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to do so asserting any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found to be invalid, illegal or unenforceable by a court or other tribunal of competent jurisdiction for any reason, such provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms of Use The service will continue in full effect.

Price policy

The Company reserves the right to modify its pricing policy at any time. It undertakes to notify the designated user(s) of the Application by email within a reasonable period of time as prescribed by law, i.e. at least 30 days before the change.

In the absence of any manifestation on your part within 30 days following the notice of change, it will be considered that you accept the modifications announced in the conditions of your contract

Subscription policy

By subscribing to the Application and providing payment information via the "Stripe" platform, you agree to accept the general payment conditions. By default, customer subscriptions renew automatically by credit card. Subscription fees for the Application are deducted monthly or annually depending on the package chosen by the customer. The Company automatically charges the customer on the scheduled renewal date unless the customer has previously canceled their subscription.

You will be billed for the corresponding plan based on the plan chosen, depending on the frequency, plan and number of users. You will pay all applicable Fees when due and you authorize Company to charge such Fees using your selected credit card.

The Company may suspend or terminate your use of the Application for failure to pay fees. You are responsible for paying all taxes and the Company will charge a tax where required to do so by law.

In the event that an automatic renewal is charged despite the user's request to unsubscribe, the Company undertakes to fully reimburse the amount overpaid within the time limits authorized by law, and to the extent that no prior dispute is not noted with the User of the Application.

Termination policy

If you decide to unsubscribe from the Application, you may do so by contacting us at support@sercom.io 5 business days prior to the renewal date to avoid billing of fees for the following period. If you choose to cancel the Application subscription, you can still use the Service until the end of the current period.

Our team will respond to you within 48 hours working days to validate and confirm your request by email or telephone. To this end, it is the customer's responsibility that their contact information is up to date in their administrator account.

Upon termination, (i) the rights granted to Customer under this Subscription Agreement (except as expressly provided in this Section) will terminate immediately; and (ii) the customer will lose the benefit of all the functionalities provided to it.

At the time of unsubscription, and in accordance with the law governing the Protection of personal data in the private sector (RSQ, c P-39.1), the general data protection regulation (GDPR) promulgated by the European Union and other laws in force, all of your personal data will be destroyed; commercial data will be kept for a maximum of 3 months (90 days).

Complete agreement

The Terms of Use and our Privacy Policy and Terms of Sale constitute the sole and entire agreement between you and Sercomen with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, written and oral, regarding the Application.