Updated October 4, 2021
The following describes the Terms that apply to an individual (“Visitor(s),” “You,” and derived adjective “Your”) that uses any and all websites, web applications, SAAS products and any variants (collectively, the "Service(s)“) created, maintained and/or delivered by Rocketfuel Productions Inc., also referred to as TIQ Software, also referred to as Trajectory IQ (collectively "Us," "We," "Our," "TIQ Software," "Trajectory IQ," or the "Company"), along with its parent companies, subsidiaries, divisions, affiliates and partners (collectively "Affiliates").
1. ACCEPTANCE OF TERMS. By accessing and using these Services you agree to be bound by all Terms (the “Terms”) contained and/or referenced herein or any additional Terms set forth within the Services and all such terms shall be deemed accepted by you. If you do NOT agree to all the Terms, you should NOT use any of our Services. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular activities completed through these Services, then you should NOT use the part of the Services which contains such Content or through which such activities may be completed and you should not use such Content or complete such activities.
The Terms may be amended by TIQ Software at any time. Such amended Terms shall be effective upon posting here and described by the date above. Please check the Terms published here regularly to ensure that you are aware of all terms governing your use of our Services. Other TIQ Software products may have their own terms or privacy statement, which also apply to those products. Also, specific Terms may apply to specific content, products, materials, services, discussion forums, or information contained on or available through this Service or transactions concluded through it. Such specific terms may supplement the Terms or, where inconsistent with the Terms, such specific terms will supersede the Terms only to the extent that the content or intent of such specific terms is inconsistent with the Terms.
TIQ Software reserves the right to make changes or updates to any of the Services covered by the Terms at any time without notice. TIQ Software also reserves the right to change the content of the actual Terms at any time without notice. TIQ Software reserves the right to terminate or restrict access to any Service for any reason whatsoever at its sole discretion.
3. REPRESENTATIONS AND WARRANTIES. You represent and warrant that
- are at least sixteen (16) and possess the legal authority, right and freedom to enter into the Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Terms;
- your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address provided;
- you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by the Service for you, to your user project(s) (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a project, subdomain, text, literary works and any other materials (“Content”), or otherwise have full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
- the User Content is non-infringing upon any third-party rights, and not unlawful for you to upload, import, copy, possess, display or otherwise use, in the country in which you or your visitors and users (“End Users”) reside, or for The Company and/or your End Users to access, import, copy, upload, use or possess in connection with the Services;
- you have all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
- you understand that The Company does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
4. LAWS AND REGULATIONS. Your access to and use of TIQ Software Services is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Services in any way that violates such laws or regulations.
5. COPYRIGHT NOTICE. Copyright and all other proprietary rights in Service content (including but not limited to software, audio, video, text and photographs) rest with TIQ Software or its Affiliates. All rights in such content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of TIQ Software or the copyright owner. All copyright and other proprietary notices shall be retained on all permitted reproductions. You also may not, without TIQ Software permission, "mirror" any material contained within these Services on any other system. This permission terminates automatically if you breach any of the Terms or conditions. Upon termination, you must immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained within our Services may violate copyright laws, trademark laws, the laws of privacy, communications, regulations and statutes.
Our Services may contain references to specific TIQ Software products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.
Subject to your full compliance with the Terms and timely payment of all applicable fees, The Company hereby grants you, upon creating your user account for the Service and for as long as The Company wishes to provide you with the Service, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services for the purpose of generating and displaying your project to End Users, solely as expressly permitted under the Terms, and solely within the Service.
The Terms do not convey any right or interest in or to the Company’s intellectual property except only for the limited license expressly granted above. Nothing in the Terms constitutes an assignment or waiver of the Company’s intellectual property rights under any law.
6. YOUR INTELLECTUAL PROPERTY. Between The Company and yourself, you shall own all intellectual property pertaining to your User Content and to all materials created by you, including any designs, animations, videos, audio, fonts, logos, illustrations, and text. The Company does not claim ownership rights on your content. For the purpose of granting you the Service, you acknowledge and agree that we will need to access, upload and/or copy your User Content to our Service, to make adjustments, backup data, and perform technical actions and/or uses required to deliver the Services, as we deem fit.
7. TRADEMARKS. Unless otherwise indicated, all trademarks, service marks and logos displayed by our Services are registered and unregistered trademarks of TIQ Software (or its Affiliates). These include each of TTIQ Software's primary product brands and service offerings and its corporate logos and emblems.
8. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained within TIQ Software Services. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in any Service.
9. INDEMNITY. You agree to defend, indemnify, and hold harmless TIQ Software, its Affiliates, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Services or your breach of the terms of the Terms. TIQ Software shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
10. LINKS TO THIRD PARTY SITES AND SERVICES. Any of our Services may contain links that will let you access other services (including websites) that are not under the control of TIQ Software. The links are only provided as a convenience and TIQ Software does not endorse any of these services. TIQ Software assumes no responsibility or liability for any material that may accessed on other services reached through our Services, nor does TIQ Software make any representation regarding the quality of any product or service contained at any such service.
11. LINKS FROM THIRD PARTY SITES AND SERVICES. TIQ Software prohibits unauthorized links to any of our Services and the framing of any information contained on a Service or any portion of the Service. TIQ Software reserves the right to disable any unauthorized links or frames. TIQ Software has no responsibility or liability for any material on other website and services that may contain links to any of our Services.
12. NO WARRANTIES. Although care has been taken to ensure the accuracy of information on our Services, TIQ Software assumes no liability therefore. Information and documents are provided "AS IS" and “AS AVAILABLE”. TIQ Software hereby disclaims any representations and warranties of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, title or as to operation or content. TIQ Software uses reasonable efforts to include accurate and up-to-date information on all Services; it does not, however, make any warranties or representations as to its accuracy or completeness. TIQ Software periodically adds, changes, improves, or updates the information and documents on some Services without notice. TIQ Software assumes no liability or responsibility for any errors or omissions in the content. Your use of our Services is at your own risk.
13. SERVICE PAYMENT. The use of the Service may be subject to payment of fees determined by The Company in its sole discretion (“Fee(s)”). The Company will make public such Fees in effect, and you wish to receive or use the Services, you are required to pay all applicable Fees in advance.
The Company reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, The Company shall have the right to automatically and without notice renew your subscription to the Service(s) at the full applicable Fee.
All Fees are quoted in U.S. Dollars unless specifically stated otherwise and are exclusive of value added tax, sales tax, goods and services taxes, levies or duties imposed by taxing authorities (“Taxes”). You shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments made by you.
As part of using the Services, you also authorize The Company to request and collect the Fees (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries The Company or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
The Company may require you to keep a credit card or other payment method stored with The Company to pay any Fees (“Payment Method”).
14. AUTOMATIC SUBSCRIPTION RENEWALS. The Services include an automatic renewal option by default, by which the Services will automatically renew at the end of the applicable subscription period, for a renewal period equal in time to the original subscription period. Unless otherwise cancelled or notified to you, the renewal will occur at the same price as the original subscription, excluding any discount or promotional offer provided for the original period, subject to applicable Taxes. (“Service Renewal”).
For example, if the original subscription period for the Service is one month, each of the Service Renewals will be for one month. Where applicable, The Company may automatically charge the applicable Fees using the Payment Method, up-to two (2) weeks before a Service Renewal period commences. In the event of failure to collect the Fees owed, we may in our sole discretion re-attempt collection or suspend or cancel your access to the Service, without further notice. If your Service Renewal is subject to a yearly or multiple-year subscription period, The Company will endeavor to provide you a notice prior to the Service Renewal at least thirty (30) days in advance of the renewal date.
By entering into this Agreement, you acknowledge and agree that the Service Renewal shall automatically occur in accordance with the above terms. You may turn-off the auto-renewal option for Service at any time via your user account or by visiting The Company’s support page.
Notwithstanding anything to the contrary in the foregoing, you are solely responsible to verify and ensure the successful renewal of the Services you use, and shall be solely responsible with respect to any discontinuation of any Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any of the Services not being subject to automatic Service Renewal. You acknowledge and agree that you shall not have any claims against The Company in relation to the discontinuation of any Services or affiliated services, for whatever reason.
15. CHARGEBACKS. If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Services may be automatically disabled or terminated, and all access may be blocked without the option to regain access.
Access to the Services will not resume until applicable Fees in are paid in full, including any fees and expenses incurred by The Company and/or any Third Party Services for each Chargeback received (including Fees for Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to The Company, we encourage you to first contact Customer Support before filing a Chargeback or reversal of payment, in order to prevent any Service cancellation or blocking of access, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your liability for its applicable Fees, in addition to re-payment of all Fees applicable to the Services purchased and charged-back by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the user responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
16. CANCELLATION. You may request to cancel your account or any Service at any time, in accordance with the instructions available on the Service. The effective date and time for the cancellation shall be the date and time on which the cancellation process is completed on the Service, and the effective date for cancellation of Fees shall be at the end of the Service subscription period.
For clarity, Fees and Service Renewals for any cancelled subscription shall be discontinued at the expiration of the period for which payment has already made payment.
17. CANCELLATION BY THE COMPANY. Failure to comply with any of the Terms and/or to pay any due Fee shall entitle The Company to suspend or cancel your account and Service, as well as the provision of any related consulting services.
18. LOSS ON CANCELLATION. Any Service cancellation, either your request or at The Company’s discretion, may cause or result in the loss of content, features, or capacity of your account, including any User Content, User Materials, user data or other usage data (“Service Loss”). The Company shall not be liable in any way for such Service Loss, or for saving a backup of your account, User Content, User Materials or data. Additional Fees may apply to reactivation of an account.
19. LIMITATION OF LIABILITY. Under no circumstances shall TIQ Software, along with TIQ Software's officers, agents, and employees, or any of its Affiliates, along with its Affiliates' officers, agents, and employees, be liable for any damages suffered by you, including any incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use a Service or due to any breach of security associated with the transmission of information through the Internet, even if TIQ Software was advised of the possibility of such damages. Any action brought against TIQ Software pertaining to or in connection with our Services must be commenced and notified to TIQ Software in writing within one (1) year after the date the cause for action arose.
20. SECURITY. The security of information transmitted through the Internet can never be guaranteed. TIQ Software does not warrant or make any representations as to the security of its Services. You acknowledge any information sent may be intercepted. TIQ Software does not warrant that the Services or accompanying infrastructure, which make these services available or electronic communications sent by TIQ Software are free from viruses or any other harmful elements. TIQ Software is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of TIQ Software's Services. In order to protect you and your data, TIQ Software may suspend your use of any or all Services, without notice, pending an investigation, if any breach of security is suspected.
22. ACCESS TO PASSWORD PROTECTED/ SECURE AREAS. Access to and use of password protected and/ or secure area of TIQ Software's services is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
23. JURISDICTION/ GOVERNING LAW. The Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada without regard to its principles of conflict of laws. You agree that any disputes in connection with this agreement or its enforcement shall be resolved in a court of competent jurisdiction in the Province of Alberta, Canada. In the event that any provision of the Terms are deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms shall be considered to be modified as closely as possible to the intent of TIQ Software and the remainder of the Terms of Conditions shall remain in full force and effect.