• Previously Iciniti
  • Phone: 1-866-424-6484
  • Email: sales@conligo.ca

TERMS OF SERVICE FOR CONLIGO™ SOFTWARE

Thank you for selecting the Services offered by Iciniti Corp™ and/or its subsidiaries and affiliates and doing business as (DBS) (referred to as “Conligo”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Conligo™. By accepting electronically (for example, by logging into any Conligo™ application(s) and services) installing, accessing, or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

You are entering into this agreement on behalf of a company or other legal entity, and you represent that you have the authority to bind such entity to this agreement.

1. AGREEMENT

This Agreement describes the terms governing your use of Conligo™ applications and services as presented on this website, including content, updates, and new releases, (collectively, the “Services”). It includes by reference:

  • Conligo™ applications and services Privacy Policy provided to you in the Services available on the website or provided to you otherwise.
  • Additional Terms and Services, which may include those from third parties.
  • Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES

2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Conligo™. Conligo™ reserves all other rights in the Services. 

2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation, or this Agreement. You agree you will not:

  • Provide access to or give any part of the Services to any third party.
  • Reproduce, modify, copy, deconstruct, sell, trade, or resell the Services.
  • Make the Services available on any file-sharing or application hosting service.
3. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless Conligo™ notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

  1. Payments will be billed to you in US or CDN dollars, and your account will be debited when you subscribe and provide your payment information.
  2. You must pay with one of the following:
    1. A Visa or Mastercard credit card; or by another payment option Conligo™ provides to you in writing.
  3. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
  4. Conligo™ will automatically renew your monthly or annual Services at the current rates unless the Services are canceled or terminated under this Agreement.
  5. These services will automatically be renewed at the current pricing rates. Conligo, however, reserves the right to amend your fee structure and rates at any time with thirty (30) days’ written notice.
  6. Payment fees are as follows.
    • Payment for the package selected.
    • Additional Quotes that are created over and above the amount specified in the package.
4. REFUND & CANCELLATION POLICY

A 30-day notice must be given to cancel a subscription if the Subscriber is paying monthly.

If the Subscriber is paying on an annual basis no refunds are permitted. Conligo™ charges and collects in advance for the use of the Conligo™ application(s) and service(s). 

Conligo™ will automatically renew and bill Subscribers on the Subscribers’ established payment terms.

If you believe that the billing or invoice is incorrect, you must contact us within 60 days of the billing period start date to be eligible to receive an adjustment or credit.

Your account is considered delinquent (in arrears) if full payment is not received by the next billing period start date.

If your account is delinquent for at least two months, we may deactivate your account.

Deactivated accounts are not deleted – they are placed in storage and can be restored.

We will notify you by email or phone if we decide to deactivate your account.

You and Conligo™ may terminate these Terms and your use of the Conligo™ application(s) and services with a 30-day notice.

If you terminate your use of the Conligo™ application(s) and services you must pay the fees applicable for the balance of the then-current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination).

5. APPLICATION ACCESS

Conligo™ hereby permits you to use the Applications and Services as outlined in these Terms of Service, provided that:

  1. Your use of the Applications and Services as permitted is solely for your use in connection with your Conligo™ account.
  2. You will not use the Applications and Services in any way that is unlawful, misleading, malicious, or discriminatory.
  3. You will not do anything that could disable, overburden, or impair the proper working of the Applications and Services (such as a denial-of-service attack).
  4. You will otherwise comply with the terms and conditions of these Terms of Service.

 

Conligo™ Account Requirements

  • To us any Conligo™ application(s) and/or service(s),
    • You will have to create an account.
    • Conligo Accounts are only available to users aged 18 and older.
    • By registering with Conligo, you represent that you can form a binding contract and are not a person barred by any laws from using the Application.
    • You are not allowed to use another user’s Conligo Account.
    • When creating your Conligo Account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. If Conligo suspects that your registration violates these Terms of Service, your Conligo account may be subject to suspension or termination.
    • You are solely responsible for the activity that occurs on and in your Conligo Account, and you must keep your password secure. You may change your password at any time by updating your account settings. In addition, you agree to immediately notify Conligo of any unauthorized use of your password or any other breach of security. Conligo cannot and will not be liable for any loss or damage arising from your failure to secure your Conligo Account.
6. CONLIGO™ SERVICES

Conligo™ applications and services are Business-to-Business and Business-to-Consumer management services that allow you to manage sales, orders, invoices, and payments as part of subscriptions associated with your Conligo™ Account. 

Information in your Conligo Account may come from:

  •  You or your customer that you may permit to provide information to your Conligo Account (but only to the extent that you authorize they may do so).
  • Any accounts you may have that are maintained online by third-party organizations if you direct Conligo to retrieve information from those acknowledged accounts. You understand that the information in your Conligo Account is only as accurate and up-to-date as the sources that provide the information.
7. INFORMATION FROM THIRD-PARTY SITES

If you direct Conligo to retrieve your financial and customer information from certain third-party sites or applications, you explicitly authorize Conligo to function as your agent to receive that information on your behalf.

When you enter your login and password (or other access credentials) to any third-party site, you explicitly represent and warrant that you have all necessary rights to authorize your Conligo Account to access the information on that site on your behalf.

You also authorize Conligo to use third-party services to access your information from third-party sites, by their terms of service. You understand and acknowledge that Conligo has no control over the accuracy of the information provided by third-party financial institutions.

8. YOUR ACCOUNT

Your Conligo Account may enable you to transmit content you select to the Application for hosting, display, and distribution via your Conligo Account (collectively “Your Content”). For more information on how Your Content and personal information is stored, shared, and distributed in your Conligo Account, see the Conligo™ application(s) and services Privacy Policy posted on our website (www.conligo.ca). If you have questions not addressed by the Conligo Privacy Policy, please email us at info@conligo.ca. Conligo reserves the right to reject, remove, or modify Your Content at its sole and absolute discretion at any time. You represent and warrant:

  1. you own all rights in Your Content or, alternatively, you have acquired all necessary rights in Your Content to enable you to grant to Conligo the rights in Your Content described herein;
  2. you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use of Your Content in
  3. you are the individual named in Your Content, or, alternatively, if you are an advisor who has been provided access to an individual’s account, you have obtained all necessary permissions and authorizations from the person named in Your Content to enable your use of the Application in accordance with these Terms of Service;
  4. access by the Application of Your Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party.
  5. You agree to keep all records necessary to establish and maintain Your Content so that it does not violate any of the foregoing representations and warranties and to make such records available to Conligo upon Conligo’s request.
9. TERMINATION

If you violate any of these Terms of Service, your permission to use the Applications and Services and your Conligo Account may be terminated.

10. MODIFICATIONS TO ANY CONLIGO™ APPLICATION(S) AND SERVICE(S)

Conligo reserves the right to modify or discontinue the Application(s) and Service(s) at any time with or without notice to you. Conligo shall not be liable to you, or any third party should Conligo exercise its right to modify or discontinue the Application(s) and Service(s).

11. DISPUTE RESOLUTION

These Terms of Service and any action related thereto will be governed by the laws of the Province of Ontario. Any disputes under these Terms of Service (except injunctive matters) shall initially be resolved by Conligo’s preference. If arbitration is required this shall be done before an arbitrator located in London, Ontario, Canada. The prevailing party to any arbitration filed hereunder shall recover its reasonable attorneys’ fees and costs incurred in such action from the non-prevailing party.

12. Entire Agreement

These Terms of Service, together with the Conligo™ application(s) and service(s) Privacy Policy, which is hereby incorporated by reference and any other rules or guidelines posted in connection with the Application, are the entire and exclusive agreement between Conligo and you regarding the Application(s) and Service(s) and your Conligo Account. These Terms of Service supersede and replace any prior agreements between Conligo and you regarding the Application(s) and Service(s).

14. Terms of Service Changes

Conligo may, in its sole and absolute discretion, change these Terms of Service from time to time. Conligo will post a copy of the Terms of Service as changed on the Application(s) and Service(s). Your continued use of the Application(s) and Service(s) after the changed terms are posted on our website constitutes your agreement to abide by the Terms of Service as changed. If you object to any such changes, your sole recourse shall be to cease using the Application(s) and Service(s). If you have any questions about these Terms of Service, please contact us at info@conligo.ca.

15. WARRANTY

Updates to Iciniti eCommSuite software will be covered under the Annual Software Maintenance Agreement.

LIMITED WARRANTY: Any work completed by Conligo will be covered for ninety (90) days from the day the work is deployed on your (the Client) servers.

Last Revised: January 1, 2024