SHIPPING AND PACKAGE MANAGEMENT APP TERMS AND CONDITIONS
This offering comprises commercial software products and services and related materials of [Intelbyte Corp.] (“[Intelbyte Corp.] Programs”). [Intelbyte Corp.] Programs are separately licensed under the [Intelbyte Corp.] Software License Agreement available in the Dynamics of the [Intelbyte Corp.] Programs.
Please read these terms and conditions (“Terms”) carefully before using the Shipment And Package Management Solution (The App) available on the Microsoft Appsource (“Appsource”). By accessing or using the app, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the app.
License and Usage
1.1 Grant of License: Upon payment of the specified fee, Intelbyte Corp.( app developer) grants you a limited, non-exclusive, non-transferable license to use the app for personal or business purposes, in accordance with these Terms.
1.2 Restrictions: You may not copy, modify, distribute, sell, lease, or sublicense the app to any third party. Reverse engineering, decompiling, or disassembling the app is strictly prohibited.
Payment and Refunds
2.1 Payment: You agree to pay the specified fee for the app as indicated on AppSource. Payment shall be made through the authorized payment methods provided by AppSource.
2.2 Refunds: AppSource’s refund policy governs any refunds or reimbursement for the app. Please refer to AppSource’s terms and conditions for further details.
3.1 Ownership: The app and all intellectual property rights associated with it are owned by the app developer or its licensors. You acknowledge and agree that all rights, title, and interest in the app, including any improvements or modifications, shall remain with the app developer.
3.2 Trademarks: Any trademarks, service marks, or logos used in the app are the property of the app developer or their respective owners. You are not granted any right or license to use any trademarks without prior written consent.
4.2 User Data: You acknowledge and agree that the app developer may collect, process, and store user data as necessary for the proper functioning of the app. The app developer will handle user data in accordance with applicable privacy laws and regulations.
Support and Maintenance
5.1 Support: The app developer will provide reasonable support services for the app during the term of your license. Support may be limited to specific terms and conditions, which will be communicated separately.
5.2 Updates and Maintenance: The app developer may release updates, enhancements, or bug fixes for the app. It is your responsibility to keep the app updated to the latest version provided by the app developer.
Disclaimer of Warranty
6.1 No Warranty: The app is provided on an “as is” and “as available” basis without any warranty or guarantee of any kind, whether expressed or implied. The app developer disclaims all warranties, including but not limited to, fitness for a particular purpose and non-infringement.
Limitation of Liability
7.1 Limitation of Liability: In no event shall the app developer be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of the app or these Terms, even if advised of the possibility of such damages.
Governing Law and Dispute Resolution
8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of laws principles.
8.2 Dispute Resolution:
8.2.1 Negotiation: In the event of any dispute, the parties agree to first attempt to resolve the matter through good faith negotiations.
8.2.2 Mediation: If the parties are unable to resolve the dispute through negotiation, they agree to participate in mediation in accordance with the rules of a mutually agreed-upon mediation service in Alberta.
8.2.3 Arbitration: If mediation is unsuccessful or not feasible, any unresolved dispute arising out of or relating to these Terms shall be finally resolved by binding arbitration in accordance with the Arbitration Act (Alberta) and the rules of a recognized arbitration service in Alberta. The arbitration shall be conducted in the English language in the city of Calgary, Alberta, and the decision rendered by the arbitrator shall be binding on both parties.
8.2.4 Injunctive Relief: Notwithstanding the above, either party may seek interim or injunctive relief from a court of competent jurisdiction in Alberta to protect its rights or prevent irreparable harm.
8.2.5 Class Action Waiver: Any arbitration or legal action must be conducted on an individual basis, and not as a class or representative action. The parties expressly waive any right to bring or participate in any class or representative action.
By using the app, you agree to submit to the exclusive jurisdiction of the courts in the Province of Alberta, Canada, for any legal action or proceedings arising out of or relating to these Terms.