With each visit to the Site you signify your agreement to these terms for TupleDev website, TupleDev Services, and related material. TupleDev Material is defined as any intellectual property that includes documents, web pages, software, products, web links, email, information, or any other materials provided by or previously provided by TupleDev or the Site, including any portion thereof. If you do not agree to be bound by these Terms, you are not granted authority to use or access the Site or any TupleDev Material.
Use of TupleDev Material and Services
You agree not to use any TupleDev Material and TupleDev Services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms.
Information Accuracy
We do our best to provide useful information on our website and mobile application. However, we cannot guarantee that the information you have access to is complete, accurate, up-to-date or otherwise reliable for any particular purpose. We monitor our website and mobile application. In case of problems with its content, we may intervene to correct the problem, but we do not guarantee that we will.
Information and Service Availability
Information may be removed and our services may become unavailable at any time, we do not guarantee that information on our website or mobile application or that our online services will always remain available. You may possibly experience occasional interruptions or delays.
Programs
TupleDev retains the right to make changes to its Affiliate Program or other programs as it sees fit without any notice.
Restrictions
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, lend, licence, give away, look at the software source code, modify the software source code, post to an Internet web site, or use in an automated system any TupleDev Material nor will you utilize TupleDev Material in any way for the creation of an automated system or website, nor will you allow or assist a third party to do so.
You agree to only use TupleDev Material and the Site as a customer.
Licences granted are subject to these Terms, and are non-exclusive, non-transferable, and revocable. The rights granted under these Terms are granted to you only.
If you are an organization, a purchase allows one individual within your organization to exercise the rights granted by these Terms. If multiple individuals within your organization require access, there must be a purchase for each individual. The appointed individual may not be changed.
TupleDev retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or TupleDev Material or TupleDev Services at its discretion.
Intellectual Property
All copyright, trade marks (including its distinguishing guise and/or trade dress), and
other intellectual
property rights (registered and unregistered) of TupleDev Material belong to
TupleDev. TupleDev reserves all of its rights in the TupleDev Material.
Nothing in the Terms grants
you a right or licence to use any intellectual property rights owned or controlled by
TupleDev or any other
third party except as expressly provided in these Terms.
In addition, TupleDev Material, contains information and intellectual property that
is selected and
organized by TupleDev and represents significant work made by TupleDev.
Nothing in the Terms should be
construed as granting any licence or right to use any TupleDev Material or
intellectual property displayed
or used in any TupleDev Material except as expressly provided in the Terms.
You agree to the following:
- TupleDev Material is the property of TupleDev;
- you will not use the TupleDev Material for any purpose other than is expressly permitted in these Terms;
- you will not distribute in any medium any TupleDev Material without TupleDev prior written authorization or as expressly provided these Terms.
- any distribution or past distribution of any TupleDev Material that violates these Terms is subject to liquidated damages in an amount equal to that which would be payable by a copyright infringer for knowingly copying a work, and based on each page of any website which uses TupleDev Material being a separate work under the Copyright Act and each access of a page of a website by a customer being a separate publication of a work.
- TupleDev shall have the right to represent its suppliers in any dispute.
Limited Warrenties
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, TupleDev Material and TupleDev Services are provided "as is" without any kind of warranty.
You accept full responsibility for determining whether TupleDev Material and TupleDev Services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
TupleDev does not authenticate user's signatures or identities. TupleDev electronic signature functionality does not track IP addresses, include digital certificates, use a certification authority nor any other third party verification. You accept full responsibility for determining whether an electronic signature is suitable for any particular purpose.
Except as expressly provided in these Terms or where prohibited by law, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of TupleDev Material and TupleDev Services, or for inaccessibility of TupleDev Material and TupleDev Services whether from errors or omissions in the content of TupleDev Material and TupleDev Services or any other linked sites or for any other reason. Use of TupleDev Material and TupleDev Services is at your own risk.
TupleDev does not represent or warrant that TupleDev Material, the Site or any linked sites are free of any harmful materials.
Maximum Liability
Except as expressly provided in these Terms or where prohibited by law, the maximum liability of TupleDev is the amount paid to TupleDev by the customer; however, where TupleDev has provided a service, the maximum liability of TupleDev for any TupleDev Services is the portion of the amount paid to TupleDev by the customer specifically for the TupleDev Services as calculated by TupleDev.
Exclusion of Our Liability
We will not compensate you or any other person for any damages, claims, costs or losses arising out of our online services. It does not matter whether the damages are a direct consequence of your use of our website/mobile application or not. We will not compensate you for any damage that is indirect, consequential, special, aggravated, punitive, moral or exemplary, in whole or in part. You cannot ask us our affiliaties, agents, employees, directors and officers to compensate you. We are not liable for any use of information on our website or mobile application. We are not liable if content becomes unavailable. We are not liable for linking to external content. We are not liable for any damages arising out of your downloading or installing software we link to. We are not liable if confidential information you send us is intercepted, lost or disclosed. We are not liable for interruptions and delays.
Client Privacy
You consent to TupleDev using your personal information according to its Privacy Policy that can be found at Privacy Policy.
Indemnification
Except where prohibited by law, you agree to indemnify and hold TupleDev, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or TupleDev Material or TupleDev Services.
Governing Law
Except where prohibited by law, the Terms are governed by the laws of the Province of Toronto, Canada. Except where prohibited by law, you irrevocably attorn to the exclusive jurisdiction of the courts of Toronto Ontario, Canada.
Binding Arbitration
Subject to exceptions specified herein, if you and TupleDev are unable to resolve any dispute by informal negotiations, then any resolution of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, TupleDev will have 90 days to choose and appoint an independent and impartial arbitrator. The arbitration will be held in the City of Toronto, Canada.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
Exceptions to the use of binding arbitration are as follows: TupleDev may bring forth a lawsuit, without using binding arbitration, should the lawsuit involve intellectual property infringement or injunctive relief. Also, either party may use small claims court.
Modification of the Terms
Except that you must be informed in a reasonable manner regarding any pricing increase, TupleDev may, in its sole discretion, change these Terms at any time. Other terms and conditions are only valid when signed in writing by an authorized TupleDev officer.
Waivers
No failure or delay, on the part of TupleDev, in exercising any right or power under these Terms will operate as a waiver of such right or power.
These Terms were last modified in Feb 2023.