Terms of use 🧘

Last updated: January 28th, 2019

Welcome to Bliinx!

These terms of use (the "Terms") constitute a contract between you ("you" or "your") and Bliinx Inc. ("Bliinx" or "us", "us" or "our"), establishing the terms and conditions under which you are authorized to access and use the service and the functionalities (the "Service") available on the online contact management service, the website and the associated applications ("Applications") provided by Bliinx (collectively, the "Bliinx Platform").

Your use of the Bliinx platform is also subject to our Privacy and Personal Information Protection policy available on our website at http://www.bliinx.com/privacy-policy and updated from time to time ("Privacy Policy").

The Bliinx platform brings together your professional contacts from various third-party platforms ("Third-party platforms") to help you manage your professional relationships effectively. You acknowledge that you are subscribing to our Service as a member of a team ("Team"). Before clicking on the "I accept" button or accessing the Bliinx Platform, Websites, Applications or using the Service, read these Conditions carefully. By clicking on the "I accept" button or by accessing the Bliinx Platform, the Website or the Applications or by using the Service, you agree to be bound by these Conditions and to comply with them. If you do not accept all of these conditions, do not click on "I accept" and you will not be authorized to access and/or use the Service.

1. REGISTRATION

The functionality of the Service is only accessible to users who have created an account on the Bliinx Platform. In return for your use of the Service, you agree to: (a) provide accurate, current and complete information about yourself, as indicated in a Service registration form (the "Registration Data"); (b) maintain the security of your password and username; (c) maintain and promptly update the Registration Data and any other information you provide to us to keep it accurate, current and complete; and (d) be fully responsible for any use of your account and any action taken from it. Since you are registered to use our Service as a member of a Team, some of your information will be automatically shared with other members of that Team, as described in our Privacy Policy.

2. RESTRICTED LICENSE

2.1. Bliinx hereby grants you a non-exclusive, non-transferable and restricted right to access the Bliinx Platform and to use the Service in accordance with these Conditions and the instructions and directives published on the Bliinx Platform. Bliinx reserves the right to modify the functionality of the Bliinx Platform. You may not access or use the Service for the purpose of substantially reproducing Bliinx products or services, including the development or creation of a similar contact platform. If Bliinx believes, in its sole discretion, that you have contravened or attempted to contravene these Terms, your right to use and access the Service may be temporarily suspended or permanently terminated, with or without notice.

2.2. Bliinx reserves the right to investigate possible breaches of these Conditions, to deny users access to the Service and to submit cases to the police for a full investigation. We may disclose certain information to third parties, in accordance with our privacy policy, located at http://www.bliinx.com/privacy-policy.

2.3. You agree that in the event that Bliinx determines or reasonably suspects that you are reselling information, programs, applications or data relating to the Service, or that you violate any provision of these Terms, Bliinx may take immediate action, including termination of your right to access and use the Bliinx Platform. Bliinx reserves the right to use the means it deems appropriate to monitor your compliance with these Conditions. Bliinx reserves the right to exercise all legal means it deems necessary to prevent unauthorized access or use of the Service.

3. YOUR CONTENT

3.1. You must choose to provide us with information, or allow us to access information, in order to use certain features of the Service, automatically create and update your Bliinx account, such as email, notes, files, reminders, calendar, phone, email, contacts, social media and other content (collectively, "your content"). You are the owner of your content and can request the deletion of your content at any time, unless you have shared your content with other people and they have not deleted it, or they have not been copied or stored by other users while you are posting it to others through the Service, as described in our Privacy Policy. In order to allow us to host your information on the Service and to provide you with the benefits associated with the use of the Service, you grant us and our service providers a non-exclusive, worldwide, transferable right to copy, modify and use your content for the purpose of providing the Service to you, subject to the provisions of our Privacy Policy. Bliinx needs this permission in order to create and update your Bliinx account, host your content and provide the Service to you. You represent and warrant that you have permission to provide us with your content and to allow us to use and disclose your content within the parameters described in these Terms or our Privacy Policy.

3.2. It is your responsibility, not Bliinx, to maintain a separate copy of all of your content. Bliinx cannot be held responsible for the loss or corruption of your content, nor for the backup or restoration of all or part of your content.

3.3. It is important to note that it is your responsibility to comply with applicable laws regarding the collection and processing of personal information, including the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada, the Protection of Personal Information in the private sector (Quebec) and other applicable laws and regulations (the Privacy Law). As such, Bliinx can assist you by deploying functionalities making it possible to request and document the consent of individuals to the collection and processing of their personal information or to quarantine information about which consent would not have been obtained but The ultimate responsibility for compliance with Privacy Laws rests with you and your team leaders. Besides, Bliinx always listens to your Suggestions in order to allow us to improve the Bliinx Platform in this matter.

3.4. Bliinx may monitor your use of the Service and the Bliinx Platform and maintain anonymous and aggregated data related to your use of the Service, in particular for the purpose of producing statistics on the use and performance of the Bliinx Platform and the Service. You agree that Biinx may make this data and information accessible to the public and use it to the extent and in the manner required by applicable law or regulation and/or for the purposes of data collection, analysis, improvement services and marketing provided that this data and information does not identify you, as well as any other person or company.

4. SHARING YOUR CONTENT

The Service provides features that allow you to share your content with others, as described in more detail in the Service documentation, our Privacy Policy, or the Website. You should carefully review our Privacy Policy in all respects, particularly with regard to how your content may be shared with other users and to what extent some of your content will be automatically shared with any Team of which you are a member.

5. USER CONDUCT

You understand that the Service is available for your use in connection with your Team (s). Information and other texts, images, data, links, software or other materials accessible via the Bliinx Platform, whether created by us or by another person for display by means of the Bliinx Platform, may be protected by intellectual property rights belonging to third parties. You agree not to copy, download or share files unless you have the right to do so. You, and not Bliinx, will be fully responsible for what you copy, share, view, download or otherwise use in connection with your use of the Service. You represent, warrant and agree that your content or information that you share through your account or that you otherwise share on or through the Service: (i) will not violate the rights of third parties, including copyrights, trademarks, rights related to privacy and personality as well as any other right; (ii) will not be in breach of a law or used in a manner that allows such a breach; or (iii) will not be defamatory or otherwise unlawful.

In addition, you agree not to use the Service:

  • unlawfully or in any other way which could damage, deactivate, overload or alter the Service;
  • share or make available any content deemed harmful, threatening, illicit, defamatory, offensive, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, or infringing privacy or rights of personality, hateful or racist in nature or otherwise objectionable;
  • to impersonate a person or entity, or to make false statements about yourself, your age or your affiliation with a person or entity;
  • share or make available any advertising, solicitation, promotional material, "spam", "spam", "chain letters", "pyramid schemes" or any other form of unauthorized solicitation;
  • share or make available to the public on the Service any private information of a third party, including addresses, telephone numbers, e-mail addresses, social insurance numbers and credit card numbers if you have not received consent, as mentioned in section 3.2 of this document;
  • share or make available any material containing computer viruses or any other code, file or computer program designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
  • share or make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or otherwise create liability or violate any applicable law;
  • to use or attempt to use the account, service or system of a third party without our authorization, or to create a false identity on the Service;
  • falsify headers or otherwise manipulate identifiers in order to conceal the origin of any information transmitted by you;
  • access, retrieve or index the Service for the purpose of building or filling a searchable database of contact details or commercial information;
  • to record, process or extract information about other users;
  • use a robot, agent, search/retrieval application or any other automated device, process or means to access, retrieve or index the Services or any third-party content; or
  • to reformat, by framing or other, any part of the Service.

6. BLIINX CONTENT RESPONSABILITY

Bliinx has not examined, and cannot examine, all of the material or content displayed on the Bliinx platform or communicated via the Bliinx platform, and cannot, therefore, be held responsible for the content, use or effects. By operating the Bliinx Platform, Bliinx does not declare or imply that it approves the content displayed or that it believes that this content is accurate or useful. The Bliinx Platform may contain content including technical inaccuracies, typographical errors and other errors. The Bliinx Platform may also contain content that has been compiled by users without complying with applicable laws on the protection of personal information and privacy, or that violates the intellectual property rights and other property rights of third parties. Bliinx declines all responsibility for any damage resulting from the use of content disseminated by means of the Bliinx Platform by you, the other members of your Team or any other third party.

7. CONTENT POSTED ON OTHER SOURCES

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which bliinx.com links, or that link to bliinx.com. Bliinx does not have any control over those non-Bliinx websites and web pages and is not responsible for their contents or their use. By linking to a non-Bliinx website or webpage, Bliinx does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Bliinx disclaims any responsibility for any harm resulting from your use of non-Bliinx websites and web pages.

8. INTELLECTUAL PROPERTY

These conditions do not transfer from Bliinx to you the intellectual property of Bliinx or of a third party, and all rights, titles and interests relating to this property will remain (between the parties) the exclusive property of Bliinx. Bliinx, the Bliinx logo and all other trademarks, graphics and logos used in connection with Bliinx Platform are trademarks, registered or unregistered of Bliinx. Other trademarks, graphics and logos used in connection with the Bliinx Platform may be trademarks of third parties. Your use of the Bliinx Platform does not grant you any right or license to reproduce or otherwise use the trademarks of Bliinx or third parties.

9. UNSOLICITED IDEAS AND FEEDBACK

While your comments, ideas and suggestions are welcome, it is important to be aware of the following restrictions. If you send us comments, ideas or suggestions (collectively, "Suggestions"), you agree that: (1) your Suggestions become the property of Bliinx and no compensation or another compensation is due to you in exchange; (2) none of the Suggestions contain confidential third party information; (3) Bliinx may use or redistribute the Suggestions for any purpose and in any way; (4) Bliinx has no obligation to review or use your Suggestions.

10. ADVERTISEMENT

Bliinx reserves the right to display advertisements on Bliinx.com or in the Bliinx Applications after receiving your consent.

11. CHANGES

Bliinx reserves the right to modify or replace any part of these Conditions. It is your responsibility to periodically check these Conditions to ensure that they are not changed. The fact of continuing to use the Bliinx Platform or of accessing it after notification of any modification made to these Conditions constitutes acceptance of these modifications. Bliinx will notify each user when these conditions change.

12. PAYMENTS

If you purchase any Services that we offer for a fee, either on a one-time or subscription basis (Premium Services), you agree to Bliinx or its third-party payment processing service provider storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes. You may cancel your Premium Services as provided on the Bliinx Platform from time to time. If you register for our Services as a member of a Team, your subscription may be paid by the organizer of such Team; provided that, if so, then your subscription shall be effective for only the period for which such subscription is paid by such third party.

13. TERMINATION

Bliinx may terminate your access to all or part of the Bliinx Platform as a result of your violation of any of the provisions of these Terms. Since your subscription is paid for by a third-team organizer, your subscription can be terminated by this organizer. All of the provisions of these Terms which, by their nature, should survive termination, will survive termination, including, without limitation, the ownership, rights to the data you share with us. 'other users, warranty disclaimers, indemnities, and limitations of liability.

14. DISCLAIMER OF WARRANTY

14.1. Bliinx, its affiliates, data providers, and third-party service providers (collectively, the "Bliinx Parties") make no warranties, representations, or conditions of any kind, express, legal, or implied: (1) as to '' accuracy, integrity, completeness, quality, legality, usefulness, and security of all information and content, including, but not limited to, the accuracy of contact details and information contained disseminated by other users through the Service, (2) that the functions offered through the Bliinx Platform will not experience any interruption or error; or (3) that all errors or faults will be corrected. The Bliinx Parties also disclaim any warranty, express, legal or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-violation of third-party rights. No information that you obtain from the Bliinx Platform can create a guarantee, representation or condition which is not expressly mentioned in these Conditions.

14.2. The Bliinx Parties also decline any responsibility for any loss or damage arising from your use of the Bliinx Platform and the information and content available via the Bliinx Platform. Your use of the Bliinx Platform is at your discretion and at your own risk, and you will be solely responsible for any loss or damage resulting therefrom.

14.3. The Bliinx Parties also decline any responsibility for any loss or damage arising from your communications or your exchanges with other users of the Bliinx Platform. You acknowledge that Bliinx has no direct control over these users or the content they share through the Bliinx Platform. Your communications or exchanges with these users are only between you and them.

14.4. Bliinx has no obligation to verify the identity of people who register to use the Bliinx Platform, or to monitor the use of the Bliinx Platform by other users; Bliinx, therefore, declines all responsibility in the event of identity theft or any other improper use of your identity or information to which you authorize a third party to access.

14.5. The Bliinx Platform may contain hyperlinks to third party sites (the "Third Party Sites"), and Bliinx assumes no responsibility and has no control over the information and/or content available on the Third-Party Sites. The Bliinx Parties also decline any responsibility related to your use of Third-Party Sites.

15. LIMITATION OF LIABILITY

15.1. To the fullest extent permitted by law, in no event shall Bliinx Parties be liable to you for (a) indirect, special, punitive, or exemplary damages, (b) loss of profits, (c) interruption business, (d) damage to reputation, or (e) loss of information or data, whether Bliinx has been aware of the possibility of such damage or not.

15.2. The maximum liability of the Bliinx Parties towards you for any damage arising from contractual or extra-contractual liability will at all times be limited to a sum of $ 100.

16. GENERAL REPRESENTATION

You represent and warrant that (i) your use of the Bliinx Platform will be strictly in accordance with the Privacy Policy, these Terms and all applicable laws and regulations, including laws regarding the protection of personal information and privacy and (ii) your use of the Bliinx Platform will not have the effect of infringing the intellectual property rights of any third party.

17. INDEMNIFICATION

You agree to indemnify and hold harmless Bliinx, its subcontractors and licensors, as well as their respective directors, officers, and employees, with respect to any claim or expense, including reasonable professional fees arising out of your use of the Bliinx Platform, including, without limitation, any breach of these Terms.

18. MISCELLANEOUS

These Conditions constitute the entire agreement between Bliinx and you regarding the subject matter hereof. These Conditions are governed by and interpreted in accordance with the laws of the Province of Quebec, without regard to the provisions relating to conflicts of laws. All claims, legal proceedings or disputes arising from these Conditions or from the Service will be brought only before the courts located in the Province of Quebec. If a provision of these Conditions is found to be illegal, void or unenforceable, this provision will be considered severable and will not affect the validity and enforceability of the other provisions. A waiver by one of the parties to one or other of the terms of these Conditions or to any breach of either of them does not constitute a waiver of this provision or any subsequent breach of it. Neither these Conditions nor the rights granted herein are transferable by You without the prior written consent of Bliinx, which may be granted or refused at the sole discretion of Bliinx. Bliinx may assign or subcontract its rights and obligations under these Conditions without restriction. These Conditions will be binding and apply to the parties, their respective successors and assigns.

19. CONTACT

If You have any questions about these Terms, please contact us at legal@bliinx.com.

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