The Shinydocs service (collectively the “Service(s)”) consists of application software and other products and services made available by Shinydocs Corporation under the brand Shinydocs.

Your use of the Services are subject to your agreement with these Terms of Service (the “Terms of Service”). You agree to abide by these Terms of Service. The Terms of Service is a contract between you and Shinydocs Corporation, incorporated under the laws of the Province of Ontario, Canada and headquartered in Waterloo, Ontario, Canada. Shinydocs Corporation may be referred to as “we” or “us” in these Terms of Service.

These Terms of Service include provisions terms and conditions, and any other terms or conditions presented to you by Shinydocs Corporation in connection with the Service. Use of the Service indicates you confirm your acceptance of the Terms of Service and you agree to be bound by this contract. If you do not agree with these Terms of Service, you do not have the right to access or use the Service.

You acknowledge, agree with, and accept all provisions in this Terms of Service without limitation.  You acknowledge, agree with, and accept your profile information, contacts, and content will be used in accordance with these Terms of Service. These Terms of Service will change from time-to-time and will require you to decide if you will accept and agree with changes prior to continued use of the Service.

We will attempt to notify you via e-mail when the Terms of Service have changed. Changes to the Terms of Service will apply immediately, and your continued use of the Service indicates you acknowledge, agree with, and accept the new Terms of Service.

Your Profile

To use the Service you are required to provide a valid e-mail address that is unique to you individually. You must also provide a password that you agree to keep secret from all other parties. We will not be liable for any incident or loss relating to your failure to secure your profile information with a strong password.

You must immediately report any unauthorized use of your profile information or the Service to Shinydocs Corporation Customer Service.

Accessing the service

You must supply and pay for your own equipment such as computers and mobile devices, internet access, and any other clients or materials required for accessing the Service.

Shinydocs Corporation cannot guarantee the availability of Internet connectivity or related telecommunication and hosting services and will not be liable or responsible when you cannot connect to the Service.

License grant

Once you accept the Terms of Service and make applicable payments for use of the Service, Shinydocs Corporation grants you a limited, non-exclusive, non-assignable license to use the Service subject to these Terms of Service, unless you are restricted from using the Service under applicable laws. The license is revoked once you close your profile or if we close your profile in accordance with these terms. You do not obtain any other right or interest in Shinydocs Corporation, the Shinydocs or Shinydrive brand, or the Service.

You agree to grant Shinydocs Corporation a limited license to make your data accessible to you and those individuals who are collaborating with you using the Service. You grant Shinydocs Corporation the license to maintain, store, reproduce, back-up, process, make renditions, modify, display, and distribute your data specifically for the purpose of operating and improving the Service. Shinydocs Corporation understands and agrees that we do not gather any additional right, interest, or title to your data from you.

Your Data

You agree Shinydocs Corporation has the right to not accept some, all, or any data from you at our sole discretion.

You agree that the rights and licenses assigned to Shinydocs Corporation by you are royalty free, worldwide, and irrevocable for so long as your data is stored with us. You agree the rights and licenses may extend to third parties which supply services to Shinydocs Corporation. You understand and agree Shinydocs Corporation may need to disclose your data to comply with its legal obligations.

You represent you have the right to upload and reproduce your data under laws that apply to you. You agree that your data is not offensive, vulgar, or abusive. You agree that you are not infringing on any third party’s rights by uploading or reproducing your data using the Service.

Shinydocs Corporation reserves the right to remove any of your data it deems unacceptable. Content may be removed for many reasons including, but not limited to the following: (i) the content is deemed to infringe on third party copyright; (ii) the content is unlawful or contains material that is deemed unsuitable; (iii) the content is malformed, or contains unacceptable technology such as phishing, spyware, viruses, worms, or other malware; (iv) the content is misidentified or intended to be misleading to a person or computer system.

Shinydocs Corporation may modify your data to ensure it conforms to the technical requirements of the Service.

You agree that if you choose to use any third party service or application that works with the Service you agree that all licenses granted to Shinydocs Corporation by you apply even if the data was delivered to the Service by the third party.

Shinydocs Corporation will not look at your data under normal operations of the Service. In the rare circumstance where your data may be causing a disruption to the Service, or to ensure your data does not violate these Terms of Service, or to comply with applicable laws, we may be required to review the structure and content of your data.

You acknowledge other users of the service may see your data and have the ability to reproduce it under normal operation of the Service.  Shinydocs collaborations are intended to be private to the specific invited members of the collaboration, however, any collaborator may invite any other collaborator to a collaboration at any time. Once a collaborator has joined the collaboration they technically have the ability to access and reproduce the content you added to that specific collaboration.

Your conduct

You are responsible for all your conduct and data as you use the Service.

Our rights

Shinydocs Corporation owns all legal right, interest, and title to the Service without limitation, including all software related to the Service wherever it may be located.

You agree that Shinydocs Corporation owns all intellectual property rights, trademarks, trade, secrets, patents, and patent rights related to the Service. You agree not to modify, create derivative works of, decompile, or otherwise attempt to extract machine or source code from any software or content related to the Service.

Shinydocs Corporation maintains the right, at our sole discretion, to modify the Service. We do not warrant our modifications will be deemed as an improvement by you.

You acknowledge and agree that actions taken by Shinydocs Corporation may impair or prevent you from accessing the Service. Shinydocs Corporation has no liability or responsibility for such actions and you understand that these actions may temporarily or permanently restrict your access to some or all of the Service, including, but not limited to deletion of your content.

You agree and accept that Shinydocs Corporation has the right to engage third party services to provide technical or other services.

You agree and accept that Shinydocs Corporation may use third party software as part of the Service and that Shinydocs Corporation disclaims all warranty for the third party software.

You agree and accept that Shinydocs Corporation may require you to upgrade software, devices, or computer systems to continue to use the Service.

Children

Children or minors can only use the Service under the guidance of their legal guardians or authorized school officials. Both the child and the guardian/official must be capable of understanding and agreeing with these Terms of Service. It is your responsibility to ensure you are using the Service in accordance with applicable laws.

Data sovereignty

Shinydocs Corporation may use hosting providers in the United States, Canada, or other places around the world. As such you acknowledge and agree to your data crossing international boundaries through or into other countries, and that data may be subject to laws applicable to those countries.

Termination of profile

You may terminate your use of the Service at any time.

We may terminate your profile where you are in material violation of these Terms of Service. We also may terminate your profile after an extended period of inactivity, non-payment for the Service, termination or modification of the Service, or to resolve security or technical problems.

Feedback, suggestions, feature requests Shinydocs Corporation welcomes your technical or feature requests, modification requests, feedback, or suggestions (“Feedback”). You agree any Feedback become the exclusive property of Shinydocs Corporation without any further obligation to you. You agree any Feedback will not be deemed confidential material. Shinydocs Corporation may incorporate any Feedback into the Service or other products or services without any compensation to you of any kind under any circumstances.

Third party content

You agree Shinydocs Corporation is not responsible for any third party links or content either linking from the Service to another web site, or third party data added to our service. We cannot guarantee the accuracy or authenticity of the third party data and do not warrant it suitable for any purpose.

Indemnity and limitation of liability

In no event shall Shinydocs Corporation be liable to you for lost profits, or special, incidental, or consequential damages (even if Shinydocs Corporation has been advised of the possibility of such damages).

Shinydocs Corporation’s total liability under these Terms of Service for damages, costs and expenses, regardless of cause, shall not exceed the most recent one (1) month of fees paid to Shinydocs Corporation by you under this Agreement.

You shall indemnify Shinydocs Corporation against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit arising out of or in connection with your performance under these Terms. Shinydocs Corporation shall promptly notify you in writing of such claim or suit and you shall have the right to fully control the defence and any settlement of the claim or suit.

Payment and taxes

You agree that your use of the Service is subject to fees. You agree to promptly pay the stated fees for the service. Failure to pay fees will result in termination of your account and Shinydocs Corporation will still be obligated to collect from you any outstanding fees.

Generally, fees as indicated do not include taxes. If Shinydocs Corporation is required to pay any federal, state, provincial, or local sales, use, property or value added taxes based on the services provided under these Terms, the taxes shall be billed to you. You agree to pay any interest or penalties incurred due to late payment or nonpayment of such taxes by you, and understand and agree that Shinydocs Corporation shall not pay any interest or penalties incurred due to late payment or nonpayment of such taxes by you.

No warranty

THE GOODS OR SERVICES FURNISHED UNDER THESE TERMS ARE PROVIDED AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS; INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Attorney fees

If any litigation or arbitration is necessary to enforce these Terms of Service, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses.

Copyright

All Site Content is the exclusive property of Shinydocs Corporation, its content suppliers or other third parties and is protected by Canadian and International copyright laws. Except as is expressly permitted by these Terms of Use, any use of the Site Content, including reproduction (whether by copying, caching, framing or similar means), modification, distribution, transmission, republication, display or performance, or replication, without the prior written permission of Shinydocs Corporation is strictly prohibited. Copyright is asserted and extended to cover all artwork, photography, creative and visual expression of information listed on/in the website and used in the promotion of the business.

Trademarks

SHINYDOCS® and SHINYDRIVE® are registered trademarks in the United States and Europe and owned by Shinydocs Corporation. Shinydocs Corporation also claims trademark rights in Canada. Any unauthorized use is expressly prohibited.

General provisions

Severability: If any part of these Terms of Service are held unenforceable, the rest of the Terms will continue in full force and effect.
Inconsistency: If any part of these Terms of Service are inconsistent with your master services agreement or subscription agreement, your master services agreement or subscription agreement shall prevail. 

Applicable Law and Jurisdiction: These Terms of Service will be governed by the laws of the Province of Ontario, Canada. Any action commenced directly or indirectly relating to these Terms of Service shall be exclusively within the courts of the Province of Ontario.
No partnership: These Terms of Service do not create a partnership relationship. Neither you or Shinydocs Corporation has authority to enter into contracts on the other party’s behalf.
Headings: The headings in these Terms of Service are for convenience and have no contractual effect.