Terms of Service

Last updated November 1st, 2024

Table of Contents

  1. Our Services
  2. Intellectual Property Rights
  3. User Representations
  4. User Registration
  5. Purchases and Payment
  6. Cancellation
  7. Prohibited Activities
  8. User Generated Contributions
  9. Contribution Licence
  10. Third-Party Websites and Content
  11. Services Management
  12. Privacy Policy
  13. Term and Termination
  14. Modifications and Interruptions
  15. Governing Law
  16. Dispute Resolution
  17. Corrections
  18. Disclaimer
  19. Limitations of Liability
  20. Indemnification
  21. User Data
  22. Electronic Communications, Transactions, and Signatures
  23. California Users and Residents
  24. Miscellaneous
  25. Contact Us

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA). If your interactions are subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the GLBA.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws and treaties around the world.

The Content and Marks are provided "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

  • Access the Services; and
  • Download or print a copy of any portion of the Content to which you have properly gained access.

Solely for your personal, non-commercial use or internal business purpose.

Your Submissions

By sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for your Submissions and agree to reimburse us for any losses we may suffer due to your breach of this section.

3. User Representations

By using the Services, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update it as necessary.
  3. You have the legal capacity and agree to comply with these Legal Terms.
  4. You are not a minor in the jurisdiction in which you reside.
  5. You will not access the Services through automated or non-human means.
  6. You will not use the Services for any illegal or unauthorized purpose.
  7. Your use of the Services will not violate any applicable law or regulation.

If you provide any untrue or incomplete information, we have the right to suspend or terminate your account.

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove or change a username you select if we determine it is inappropriate.

5. Purchases and Payment

We accept the following forms of payment:

  • Visa
  • Mastercard
  • American Express
  • Apple Pay
  • Google Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. Sales tax will be added as required. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect and authorize us to charge your chosen payment provider for any such amounts upon placing your order.

We reserve the right to refuse any order placed through the Services.

6. Cancellation

You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our Services, please email us at info@textlayer.ai.

7. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make them available. The Services may not be used in connection with any commercial endeavors except those endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data to create a collection without our permission.
  • Trick or mislead us and other users.
  • Circumvent or interfere with security-related features.
  • Disparage, tarnish, or harm us and/or the Services.
  • Use information obtained from the Services to harass or harm another person.
  • Make improper use of our support services.
  • Use the Services inconsistently with any laws.
  • Engage in unauthorized framing or linking.
  • Upload viruses or other harmful material.
  • Engage in automated use of the system.
  • Delete copyright or proprietary rights notices.
  • Impersonate another user or person.
  • Upload or transmit spyware or passive collection mechanisms.
  • Interfere with or disrupt the Services.
  • Harass or threaten our employees or agents.
  • Attempt to bypass measures designed to prevent or restrict access.
  • Copy or adapt the Services' software.
  • Decipher or reverse engineer any software comprising the Services.
  • Use unauthorized scripts or software.
  • Use a buying agent to make purchases.
  • Make unauthorized use of the Services.
  • Use the Services to compete with us.
  • Sell or transfer your profile.

8. User Generated Contributions

The Services do not offer users the ability to submit or post content.

9. Contribution Licence

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

10. Third-Party Websites and Content

The Services may contain links to other websites ("Third-Party Websites") and content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Content are not monitored by us, and we are not responsible for them.

Inclusion of any Third-Party Websites or Content does not imply approval or endorsement by us. You access Third-Party Websites at your own risk. We are not responsible for any purchases made through Third-Party Websites.

11. Services Management

We reserve the right to:

  1. Monitor the Services for violations of these Legal Terms.
  2. Take legal action against anyone violating the law or these Legal Terms.
  3. Refuse or restrict access to any of your Contributions.
  4. Remove or disable files and content that are excessive in size.
  5. Manage the Services to protect our rights and property.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: http://www.textlayer.ai/privacy. By using the Services, you agree to be bound by our Privacy Policy.

The Services are hosted in Canada and United States. If you access the Services from other regions, you consent to have your data transferred to and processed in Canada and United States.

13. Term and Termination

These Legal Terms remain in effect while you use the Services. We reserve the right to deny access to the Services to anyone for any reason. We may terminate your use or delete your account at any time without warning.

If we terminate your account, you are prohibited from registering a new account under any name. We reserve the right to take appropriate legal action.

14. Modifications and Interruptions

We reserve the right to change or remove contents of the Services at any time without notice. We are not liable for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience interruptions, and we reserve the right to modify the Services without notice.

15. Governing Law

These Legal Terms are governed by the laws of Canada. TextLayer and you consent to the exclusive jurisdiction of the courts of Canada to resolve any disputes.

16. Dispute Resolution

Informal Negotiations

To expedite resolution and control costs, you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

Any dispute arising out of these Legal Terms shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber. The number of arbitrators shall be one (1). The seat of arbitration shall be Ottawa, Canada. The proceedings shall be in English.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. No arbitration shall be joined with any other proceeding.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions:

  • Any Disputes seeking to enforce or protect intellectual property rights.
  • Any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use.
  • Any claim for injunctive relief.

17. Corrections

There may be information on the Services that contains typographical errors or inaccuracies. We reserve the right to correct any errors and update the information on the Services at any time without notice.

18. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

19. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT OR DATA.

OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

20. Indemnification

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand due to or arising out of:

  1. Use of the Services.
  2. Breach of these Legal Terms.
  3. Violation of the rights of a third party.
  4. Any harmful act toward any other user of the Services.

21. User Data

We will maintain certain data that you transmit to the Services for managing performance, as well as data relating to your use of the Services. You are solely responsible for all data you transmit. We are not liable for any loss or corruption of such data.

22. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES AND RECORDS AND WAIVE ANY RIGHTS OR REQUIREMENTS FOR ORIGINAL SIGNATURES.

23. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

  • Address: 1625 North Market Blvd., Suite N 112, Sacramento, California 95834
  • Telephone: (800) 952-5210 or (916) 445-1254

24. Miscellaneous

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not operate as a waiver of such right or provision.

We may assign our rights and obligations to others at any time. We are not responsible for any loss caused by events beyond our control.

If any provision of these Legal Terms is unlawful or unenforceable, that provision is deemed severable and does not affect the validity of remaining provisions.

25. Contact Us

To resolve a complaint regarding the Services or to receive further information, please contact us at:

TextLayer
192 Bronson Ave
Ottawa, Ontario K1R OE7
Canada

Email: info@textlayer.ai