TERMS & CONDITIONS OF USE FOR COLLABTICFIXES

Updated: Oct 20, 2023

Warning: Unauthorized reproduction or distribution of this copyrighted work is illegal. In the United States of America, criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.  Additionally, other countries may have other civil and criminal penalties that may apply.

License or Subscription

Subject to these terms and conditions (the “Agreement”), Collabtic, Inc grants you (“Customer,” “You” or “Your”) a non-exclusive, non-transferable, non-assignable, non-sublicensable license or subscription toaccess and use CollabticFixesPlatform and Mobile Apps, including the content in the Platform and mobile apps (together with all content, functionality, and services offered on or through the foregoing, collectively, the/this “Platform”).

Acceptance of Terms of Use

By using this Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you represent and warrant that you are of legal age to form a binding contract with Collabtic and accept and agree to be bound by these Terms in full (the “Eligibility Requirements”). We may revise and update these Terms at any time as we see fit, and all changes are effective immediately when posted and apply to all access to and use of the Platform thereafter. By using this Platform, you understand and agree that you are expected to review such Terms on a regular basis to ensure you understand all terms governing use of this Platform and are aware of any changes, as they are binding on you. You must not use this Platform if you have any objection to any of these Terms or if you otherwise do not meet the Eligibility Requirements in anyway.

Intellectual Property Rights

Collabtic and/or our licensors own and reserve all rights to the intellectual property, features, functionality and material constituting and contained in this Platform. You are granted a limited right, subject to these Terms, to use this Platform for your professional or personal useand not in connection with the business of any other firm, person, organization or any other commercial use. This use does not include use of, and you must not use without our prior written permission, our name, logos, product and service names, trademarks, service marks, trade names and trade dress, copyrighted materials, works of authorship, or any other intellectual property.

Restrictions and Confidentiality

You shall not, directly or indirectly, i) copy, distribute, modify, translate, create derivative works, download, store, or transmit any Platform material in any form of media, you may print or store one copy of a reasonable number of pages of the Platform (ii) sell, sublicense, transfer license and/or otherwise commercialize any portion of the platform, (iii) publicly display, stream, or show any portion of the platform, (iv) use this Platform contrary to the applicable laws and regulations, or in a way that causes, or may cause, harm to the Platform or to others while using the Platform, (v) inline frame or framing the Platform in sections or as a whole, (vi) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform (vii) use the Platform for any purpose other than the purpose specified under this agreement (viii) use the Platform in excess of the limitations of the Subscription Plan purchased by you. You shall have no rights to the Platform other than as specifically granted herein. All rights not specifically and unequivocally granted to you are reserved by us.

Certain areas of this Platform are restricted from access by you, and we may further restrict, suspend or terminate access by you to any areas of this Platform, at any time, in our sole and absolute discretion. To sign up and access the Platform, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. Any user ID and password you may have for this Platform are confidential and you must maintain confidentiality of such information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You agree that any materials available on or through the Platform only to registered users (whether or not through the purchase thereof) constitute our confidential information.

No Warranties

YOUR USE OF THIS PLATFORM AND THE INFORMATION CONTAINED ON THIS PLATFORM IS AT YOUR OWN RISK. THIS PLATFORM IS PROVIDED “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS,” AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, OF ANY KIND RELATED TO THIS PLATFORM OR THE INFORMATION CONTAINED ON THIS PLATFORM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM OR THE INFORMATION CONTAINED ON OR AVAILABLE THROUGH THIS PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR THE INFORMATION CONTAINED ON OR AVAILABLE THROUGH THIS PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE DO NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING UPTIME OR AVAILABILITY OF THE PLATFORM OR THE INFORMATION CONTAINED ON THE PLATFORM. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Additionally, nothing contained on this Platform shall be construed as providing consult or advice to you.

Information about you and your visits to the Platform

We process information about you in accordance with our Privacy Policy.

By using the Platform, you warrant that you have read, understood, and understand our privacy notice and you warrant that all data provided by you is accurate. We believe our use of customer information satisfies the requirements of the General Data Protection Regulation (GDPR) and other pertinent data protection regulations, as a company with a legitimate interest in marketing. You understand that your use of the Platform will result in our collection of data and information you generate, that we may use such data and information in an aggregated and anonymized way pursuant to our policies and in compliance with applicable law, and that such aggregated and anonymized data and information does not constitute Your Content. For more information on how we use, collect, process, and retain your personal data, please visit our Privacy Policy.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform, and to proactively take actions, including without limitation, disclosing the identity or other information of anyone posting any materials on or through the Platform, to the extent that we believe that any activities being undertaken on our Platform or by any users of our Platform do or could potentially harm us, our customers, any other users of our Platform, or any third parties. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Viruses, Hacking and Other Offences

You must not misuse the Platform by knowingly introducing or injecting viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack. TO THE FULLEST EXTENT PROVIDED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY A 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 PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY PLATFORM LINKED TO THE PLATFORM.

Links from the website

Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only, and if you decide to access any such sites or resources, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Limitation of Liability

IN NO EVENT SHALL WE, NOR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU FOR ANYTHING ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS PLATFORM, WHETHER SUCH LIABILITY IS UNDER CONTRACT, TORT OR OTHERWISE, AND WE, INCLUDING OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, OR SPECIAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS PLATFORM WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE (INCLUDING THE ENTRY INTO, PERFORMANCE, OR BREACH OF THIS AGREEMENT), REGARDLESS OF WHETHER SUCH LOSS OR DAMAGE WAS FORESEEABLE OR THE PARTY AGAINST WHOM SUCH LIABILITY IS CLAIMED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

Dispute resolution and binding arbitration

All disputes, claims, controversies and matters arising out of or relating to or in connection with these Terms or the breach, termination, enforcement, interpretation or validity hereof, or to the use of this Platform shall be exclusively settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”) applying the laws of the state of Michigan without giving effect to any choice of conflict of law provision or rule, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Rochester Hills, Michigan, USA before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATION AS THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.  All arbitrations shall be conducted and resolved on an individual basis and not on a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party. The arbitration proceeding (including all documentary and other evidence produced or considered in connection therewith), the hearing and the outcome thereof shall be maintained as Confidential Information, except as necessary to prepare for or conduct such proceeding, to the extent independently within the public domain, or as otherwise required by applicable law.

The following claims are not subject to mandatory arbitration and may be brought in court in accordance with the GOVERNING LAW & JURISDICTION provisions above: (i) any disputes seeking to enforce or protect, or concerning the validity of, intellectual property rights; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

You have the right to opt-out and not be bound by these arbitration and waiver of class action provisions by sending written notice of your decision to opt-out tosupport@collabtic.comwithin thirty (30) days of your initial purchase of the CollabtcFixes subscription.

 If any provision of the foregoing arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

Indemnification

You agree to indemnify and defend Collabtic Inc. and hold Collabtic Inc. harmless from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms, your use of the Platform, any information you obtain from the Platform.

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, and such provisions shall be deleted without affecting the remaining provisions herein.

Assignment

We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms, together with any legal notices or disclaimers contained on the Platform, constitute the entire agreement between us and you in relation to your use of the Platform, and supersede all prior agreements and understandings with respect to the same.

Termination

The subscription shall automatically terminate upon any material breach of the terms of this Agreement (or any other agreement between You and Collabtic) by You. Material breaches shall include, but not be limited to, the breach of any of the terms and conditions set forth herein or Your failure to pay any invoice from Collabtic by its due date. If Collabtic becomes unable or unwilling to provide access to the Platform, or any portion thereof, Collabtic may terminate the Subscription by providing thirty (30) days’ advance written notice to You.

Governing Law & Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of the state of Michigan, USA and you submit to the non-exclusive jurisdiction of the state and federal courts located in Oakland County, Michigan for the resolution of any disputes relating to your use of this Platform.  Additional provisions regarding dispute resolution may be set forth in the terms and conditions listed on our Platform and shall apply with respect to contracts for the supply of goods or services formed through the Platform or as a result of visits made by you.

Contact Us

If you have any questions or concerns, please contact us at support@collabtic.com. You can also write to us at: Collabtic Inc, #319, 145 S. Livernois Rd., Rochester Hills, MI 48307, US.