See below for a complete --yet simple-- version which which outlines our agreement together.
We also include a version of the below in each of our tools, which you agree to prior to use.
1. License Grant: You're allowed to use the digital products only for personal, non-commercial use. The license(s) granted to you will be outlined prior to purchase.
2. Restrictions: You can't share, modify, or copy our digital products (unless where explicitly noted), either wholly or in part. You also can't use our products in ways that can hurt our company, other users, or anyone else, and any access (if applicable) can be revoked if misuse is noted.
3. Payment Terms & Refunds: Your payment(s) are processed by a third-party and is managed/governed by that agreement. For our digital products, all sales are final unless in exceptional scenarios determined solely by TRIANGL.
4. Disclaimer of Warranties & Compatibility: We sell our digital products as they are, without any promises about how they'll work for you at any point in time. We can also change or stop offering our products at any time. It's your responsibility to make sure your systems work with our products.
5. Data & Privacy: We care deeply of your privacy, so we only collect the bare minimum amount of your personal information that we need to make our products work properly and to potentially fix any problems that may arise for our users. This is stored in secure, cloud-based servers. We do not sell or share any of your personal information to any third-party.
6. Intellectual Property Rights: We own all the rights to our digital products. This includes things like copyrights, trademarks, and patents, and proprietary code (which must not be accessed and/or downloaded by you).
7. Indemnification: If you misuse our products and we get into legal trouble because of it, you have to cover our legal costs and any damages we may have to pay.
8. Limitation of Liability: We can't be held responsible if you lose money or data, or if you experience any other kind of harm, because you used our products.
9. Termination: We can stop your access to our products at any time without any sort of compensation, especially if we think you're using them in harmful or inappropriate ways. If this happens, you have to stop using our products and delete any copies you have.
10. Governing Law: Any legal issues related to this agreement will be handled according to Canadian law, or international law if applicable.
11. Miscellaneous: This agreement is the full agreement between you and us and may be updated on occasion. If any part of it isn't valid, the rest still stands. Changes to this agreement must be in writing. You can't transfer this agreement to anyone else without our permission.
LAST UPDATED: July 1, 2023
1. License Grant
Subject to your compliance with the terms and conditions of this Agreement, the Company grants the sole Purchaser a limited, non-exclusive, non-transferable (unless per policy), non-sublicensable, revocable license to access and use the Products for your personal, non-commercial purposes.
You agree not to:
a. Share, reproduce, copy, distribute, or transmit the Products, in whole or in part (unless explicitly noted), without the prior written consent of the Company;
b. Modify, alter, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Products, or any part thereof (unless explicitly noted) without the prior written consent of the Company;
c. Capture, remove, obscure, or alter any copyright, trademark, or other proprietary rights notices contained in or on the Products, inclusive of video and/or photo of the Products; and
d. Use the Products in any manner that violates any applicable law, regulation, or third-party rights, or that is otherwise harmful, fraudulent, deceptive, or malicious.
3. Payment Terms & Refunds
Due to the digital nature of the Products, all sales are deemed to be final and non-refundable, except in exceptional circumstances as determined in the Company's sole discretion. Any request for a refund must be made in writing to the Company, detailing the reason for the request and providing any supporting documentation as may be required by the Company.
4. Disclaimer of Warranties & Compatibility
To the maximum extent permitted by applicable law, the Products are provided "as is" and "as available," without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, non-infringement, or that the Products will meet your requirements, function without interruption or error, or be compatible with any particular software, hardware, or other systems. The Company is not responsible for any compatibility issues or loss of functionality arising from updates, changes, or modifications to any third-party software or hardware that may affect the performance or use of the Products. It is your responsibility to ensure that your software, hardware, and other systems are compatible with the Products and to promptly update, upgrade, or replace them as necessary to maintain compatibility and functionality.
5. Data & Privacy
The Company respects your privacy and is committed to protecting your personal data. The Company only collects the minimal amount of personal information necessary for the proper operation of the Products and for troubleshooting potential issues. Sufficient digital and physical controls are used to ensure your personal information is protected. The Company will never access your personal information without a valid reason, nor will it sell nor share your information to any third parties.
6. Intellectual Property Rights
The Products and all related intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents, are the exclusive property of the Company and its licensors. All rights not expressly granted herein are reserved.
You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Products, your breach of this Agreement, or your violation of any third-party rights.
8. Limitation of Liability
In no event shall the Company be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with the use, inability to use, or performance of the Products, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if the Company has been advised of the possibility of such damages.
The Company may terminate this Agreement and your license to use the Products at any time, with or without cause, upon written notice to you and without compensation to you. Upon termination, you must immediately cease using the Products and delete all copies in your possession or control.
10. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Canada, or internationally, without regard to its conflict of laws principles.
This Agreement constitutes the entire understanding and agreement between the Purchaser and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Any waiver of any provision of this Agreement will be effective only if in writing and signed by the party against whom enforcement of the waiver is sought. No failure or delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The Company has the right to update this Agreement from time-to-time, without any notification to the Purchaser. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of the Company. The Company may assign or transfer this Agreement at its discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.