Last revised: September 29, 2022.
The website operated at https://www.azingo.com, azingo.io and such other locations as made available from time to time (collectively, the “Website”) and the Azingo mobile application (the “App”) are operated by Azingo Inc. and its corporate affiliates (collectively, “Azingo”, the “Company”, “us”, “we” or “our”).
The services (the “Services”) offered by Azingo under these terms of service (these “Terms of Service”) include various products and services to help you sell services to buyers (the “End Users”). Any new features or tools which are added to the current Services shall also be subject to these Terms of Service. You can review the current version of these Terms of Service at any time at https://www.azingo.com/terms. Azingo reserves the right to amend these Terms of Service at any time without notice by posting amendments to https://www.azingo.com/terms. Such amendments are effective as of the date of posting. You are advised to check these Terms of Service from time to time for any amendments that may impact you and if you do not accept such amendments, you must cease using the Website, the App and the Services.
These Terms of Service set forth the general terms and conditions of your use of the Website, the App and our Services and are in addition to (not in lieu of) any other terms and conditions available on the Website and the App, which together constitute the entire Agreement (the “Agreement”) between us and you. Without limiting the generality of the foregoing, the following additional terms and conditions are incorporated by reference herein:
● the Azingo Privacy Policy located at https://www.azingo.com/privacy-policy
BY USING THE WEBSITE THE APP OR THE SERVICES OR BY CLICKING TO ACCEPT THESE TERMS OF SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND AND TO COMPLY WITH THE TERMS AND CONDITIONS SET OUT OR INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE WEBSITE, THE APP OR THE SERVICES.
1. Account Terms
1. To use the Services, you must register for an Azingo account (an “Account”). You agree to provide us with accurate, complete and up-to-date information for your Accounts. Azingo may reject your application for an Account, or cancel an existing Account, for any or no reason, at any time, in our sole discretion.
2. You must be at least 18 years old to create an Account or the age of majority in the jurisdiction in which you reside. By registering for an Account, you signify that you are at least 18 years old or the age of majority in the jurisdiction in which you reside.
3. You are responsible for selecting a strong password and keeping it secure. You are responsible for any password misuse or any unauthorized access to your Account. Azingo will not be liable for any loss or damage from your failure to maintain the security of your Account or password.
4. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). Make sure you are allowed to use it.
5. You are responsible for the creation and operation of your Azingo service offering to End Users, including the creation and operation of any website or mobile application using the Services (your “Azingo Offering”). You understand that when you sell services to End Users, you contract directly with End Users and that you are responsible for the delivery of such services to End Users and any other obligations to End Users under such contracts. We will not be a party to any agreements or contracts between you and End Users.
6. You are responsible to ensure that your Azingo Offering complies with laws of each jurisdiction applicable to it.
2. Prohibited Activities and Azingo Acceptable Use Policy
1. You agree not to:
(a) modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on the Website or the App;
(b) remove any copyright or other proprietary notations from any materials and software on the Website or the App;
(c) transfer the materials to another person or “mirror” the materials on any other server;
(d) knowingly or negligently use the Website or the App or any of its associated Services in a way that abuses or disrupts our networks or any other service Azingo provides;
(e) use the Website or the App or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
(f) use the Website or the App or its associated Services in violation of any applicable laws or regulations;
(g) use the Website or the App in conjunction with sending unauthorized advertising or spam;
(h) harvest, collect, process or gather user data without the user’s consent; or
(i) use the Website or the App or its associated Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
2. You agree to use the Website, the App and the Services in accordance with the Azingo Acceptable Use Policy incorporated by reference herein and, without limiting the rights of Azingo as set out herein, acknowledge that a breach or violation of these Terms of Service, including the Azingo Acceptable Use Policy, as determined in the sole discretion of Azingo, may result in an immediate termination of your Account and your access to the Services.
3. Your Materials
1. You retain your intellectual property rights over the Materials you submit to Azingo. We will never claim ownership of your Materials.
2. By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your Azingo Offering; (b) to allow Azingo to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Azingo can, at any time, review and delete all the Materials submitted to its Service, although Azingo is not obligated to do so.
3. You retain ownership over all Materials that you upload to your Azingo Offering; however, you agree to allow others to view Materials that you post publicly to your Azingo Offering. You are responsible for compliance of the Materials with any applicable laws or regulations.
4. Azingo shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Azingo Offering to promote the Services.
5. Azingo does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Services, including from your Azingo Offering.
4. Copyright Notices and IP Takedown
1. Azingo supports the protection of intellectual property. We take copyright infringement seriously and respond to all notices of alleged copyright infringement that comply with applicable law. Azingo may disable and remove any content we believe is copyrighted in our sole discretion.
2. If you believe that an Azingo User has infringed on your intellectual property rights, please contact Azingo immediately by emailing info@azingo.com
5. Liability
1. You expressly understand and agree that, to the extent permitted by applicable laws, Azingo shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
2. To the extent permitted by applicable laws, in no event shall Azingo or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Website, the App, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Azingo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis. To the extent permitted by law, Azingo makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
4. Azingo does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
5. The materials appearing on the Website and the App are not comprehensive and are for general information purposes only. Azingo does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on Website, the App, or otherwise relating to such materials or on any resources linked to the Website or the App.
6. Azingo does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
7. Azingo is not responsible for any tax obligation or liabilities related to your use of the Services. We do not provide tax advice, and nothing we communicate should be interpreted as such.
8. Azingo does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
9. Azingo is not responsible for any content you upload. We will not provide any legal advice regarding your content.
6. Third Party Services and Content
1. Azingo may from time to time recommend, provide you with access to, or enable third party software, applications, products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers. The payment processor currently integrated with the Services and available for your use in connection with your Azingo Offering is Stripe Payments Canada, Ltd. (“Stripe”). You can access Stripe’s Canadian services agreement here: https://stripe.com/en-ca/ssa.
2. Any use by you of Third Party Services offered through the Website, the App or the Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, Azingo may receive a revenue share from Third Party Providers that Azingo recommends to you or that you otherwise engage through your use of the Website, the App or the Services.
3. We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Azingo has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on the Website, the App or through the Services, or the integration or enabling of such Third Party Services with the Website, the App or the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Azingo. Azingo does not guarantee the availability of Third Party Services and you acknowledge that Azingo may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Azingo is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Azingo strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs.
4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Azingo is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
5. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Azingo is not obligated to intervene in any dispute arising between you and a Third Party Provider.
6. Under no circumstances shall Azingo be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Azingo has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Azingo partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
8. Azingo has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Azingo of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
7. Cancellation and Right to Terminate
1. You may cancel your Account and your Azingo Offering at any time by contact Azingo Support at info@azingo.com. It is your responsibility to download and save all of your content and client data before cancellation.
2. We reserve the right to modify or terminate the Services for any reason, without notice at any time.
3. Upon termination of the Services by either party for any reason:
(a) Azingo will cease providing you with the Services and you will no longer be able to access your Account;
(b) will not be entitled to any refunds of any fees, pro rata or otherwise;
(c) any outstanding balance owed to Azingo for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
(d) your Azingo Offering website will be taken offline.
4. Azingo provides no refunds.
8. Tax
1. All fees charged by Azingo are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
2. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Azingo’s products and services. To the extent that Azingo charges these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us. Such amounts are in addition to the fees for such products and services and will be billed to your authorized payment method. If you are not charged Taxes by Azingo, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.
3. For the avoidance of doubt, all sums payable by you to Azingo under these Terms of Service shall be paid free and clear of any deductions or withholdings whatsoever. Other than Taxes charged by Azingo to you and remitted to the appropriate tax authorities on your behalf, any deductions or withholdings that are required by law shall be borne by you and paid separately to the relevant taxation authority. Azingo shall be entitled to charge the full amount of fees stipulated under these Terms of Service to your authorized payment method ignoring any such deduction or withholding that may be required.
4. You are responsible for all applicable Taxes that arise from or as a result of any sale from your Azingo Offering.
9. General
1. All the terms and provisions of these Terms of Service shall be binding upon and inure to the benefit of the parties to these Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Azingo shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer these Terms of Service, or any of your rights or obligations hereunder, to any third party without Azingo’s prior written consent, to be given or withheld in Azingo’s sole discretion.
2. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of these Terms of Service, and these Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
3. The failure of Azingo to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
4. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Azingo and govern your use of the Services and your Account, superseding any prior agreements between you and Azingo (including, but not limited to, any prior versions of the Terms of Service).
5. The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws.
