By using the sommerdigital.ca web site and mobile app platform (“Service”), all services of Sommer Digital Inc. (“[BUSINESS]”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Sommer Digital Inc. reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

Violation of any of the terms below may result in the termination of your Account. While Sommer Digital Inc. prohibits such conduct and Content on the Service, you understand and agree that Sommer Digital Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Sommer Digital Inc. will use commercially reasonable endeavours to arrange for the approval and publication to app stores and hosting of your Apps by the appropriate mobile platform provider; you acknowledge however that Sommer Digital Inc. cannot guarantee acceptance and if the application is denied by the appropriate mobile platform provider, you may cancel the App but without refund for any costs to date related to that App or its creation.

Although support is provided, you acknowledge that fees do not cover significant personal support and that you and not Sommer Digital Incorporated are responsible for day to day management of your mobile app via the mobile app platform. This is supported by the materials and help available online through our helpdesk.

If Sommer Digital Inc. (at its option) agrees to any request by you for particular assistance that requires significant dedicated time from personnel or representatives of Sommer Digital Inc., you will pay (if notified by Sommer Digital Inc.) reasonable related expenses.

Sommer Digital Inc. has no responsibility or liability for goods or services supplied, manufactured or provided by third parties that it may arrange for you. Sommer Digital Inc. is acting only as your agent in making such arrangements or nominating any suppliers.

The third party manufacturers or suppliers of any equipment, supplies, software or services have sole responsibility to you for their products or services and you acknowledge and agree that they are responsible and not Sommer Digital Inc.

Sommer Digital Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Sommer Digital Inc. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Sommer Digital Inc. does not pre-screen Content, but Sommer Digital Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. The look and feel of the Service is copyright 2020 Sommer Digital Inc. or its third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Sommer digital Inc.

Sommer Digital Inc. claims no intellectual property rights over the material you provide for the building and publication of your mobile app. Your profile and materials uploaded remain yours. However, by using the Sommer Digital Inc. application to create your mobile application, you agree to allow others to view and share your Content.

Sommer Digital Inc. does not pre-screen Content, but Sommer Digital Inc. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. The look and feel of the Service is copyright 2020 Sommer Digital Inc. or its third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Sommer Digital Inc.

Sommer Digital Inc. may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Sommer Digital Inc., for your personal and non-commercial use only.

Sommer Digital Inc. does not transfer either the title or the intellectual property rights to the Software, and Sommer Digital Inc. and / or its third party vendors retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

You grant Sommer Digital Inc. a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Sommer Digital Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Sommer Digital Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.

When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).

All Sommer Digital Inc. content included on its site, its Software, and through the Service is the property of Sommer Digital Inc. and / or its third party vendors and is protected by international intellectual property laws. All Sommer Digital Inc. content, Software, code, HTML/CSS, and visual design data is copyright 2020 Sommer Digital Inc. and / or its third party vendors.

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service.

You understand that Sommer Digital Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Sommer Digital Inc. service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Sommer Digital Inc.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any [BUSINESS] customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Sommer Digital Inc. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Sommer Digital Inc. 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 (even if Sommer Digital Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

The failure of Sommer Digital Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sommer Digital Inc. and govern your use of the Service, superseding any prior agreements between you and Sommer Digital Inc. (including, but not limited to, any prior versions of the Terms of Service). In no event shall Somme Digital Inc.’s liability to you exceed the amount actually paid to Sommer Digital Inc. by you during the preceding 3 months.