Terms of Service
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND INFIBLOCKS TECHNOLOGIES INC and/or Its affiliates (hereinafter “INFIBLOCKS”, “OriginalRights”, We, Us, Our) governing your use of online projects’ records information management application used as a webapp or as a mobile app for handheld devices (“Application”, “OriginalRights”) developed by us. Parts of this Agreement This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.
You must be of legal age to enter into a binding agreement in order to accept the Terms and Conditions. If you do not agree to the General and Specific Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or by clicking on a button indicating your acceptance of the terms or by actually using the Services.
By using this Application you represent and warrant that your use complies with applicable law and regulation in your jurisdiction, including, but not limited to your legal capacity and any other applicable legal requirements in your jurisdiction for using the Application and agreeing to our terms.
We provide an array of services for online CREATION, ALERTS, STORAGE, RETREIVING, SHARING, EVALUATION AND COLLABORATION of your CREATIVE WORKS ("Service" or "Services"). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish, share and receive such content from other users.
We may offer certain Services as paid or free, closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as regular commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially modify and/or discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that we will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
We may modify the General and Specific Terms and Conditions upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days or as possible advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing us a notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be not be entitled to any refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for your corporate internal or external use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information, individually for each person / entity. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all the Services with or without notice to you.
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed an administrator role for your organization for using the services provided by us and you shall be responsible for use, conduct, sharing of your information. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account. You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, iii) inviting internal and external stakeholders to collaborate and iv) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand and agree that we are not responsible for account administration and internal management of the Services for you. You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to hello@infiblocks.com, provided that the process is acceptable to us. In the absence of any specified administrator account recovery process, we may provide control of an administrator account to an individual providing proof satisfactory to us, demonstrating such authorization to act on behalf of the organization. You agree not to hold us liable for the consequences of any action taken by us in good faith in this regard.
Personal information you provide to us through the Service(s) is governed by our Privacy Policy. Your election to use the Services indicates your acceptance of the terms of our Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information that you upload / download / transmit through our services. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email to contact@OriginalRights.com. While we shall attempt to resolve the issue, we are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.
The Service may include certain communications from us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
If we receive a complaint from anyone against you with respect to your activities as part of use of the Services, we will forward the complaint to the primary email address of your user account. You must respond to the complainant directly within 15 days of receiving the complaint forwarded with cc to us in the communication. If you do not respond to the complainant within 15 days from the date of our email to you, we may disclose your name and contact information to the complainant for enabling the complainant to take legal action against you. You understand that your failure to respond to the forwarded complaint within the 15 days’ time limit will be construed as your consent to disclosure of your name and contact information by us to the complainant. However any delay on our part to forward any complaint against you does not prevent the complainant to take legal action against you directly and for you to respond as appropriate.
The Services are available under various subscription plans and are to be paid prior to use. Your subscription is valid only for the Plan and the period associated with the Plan. In case of a renewable plan, Your subscription will NOT be automatically renewed at the end of each subscription period. As an act of goodwill, we shall try to send you a reminder prior to the expiry of your subscription, however you cannot demand this as a service owed to you and you agree that the email sent by us may not reach you because you have since changed your email ID and/or the lack of service by Internet service providers and any other issues. It is your responsibility to remember and retain records of your subscription details and to RENEW your subscription as appropriate to continue using the service. Also, you agree that there may be situations wherein, the fee may be different for certain similar services for different users and none can demand change in their fees already paid citing such instances. From time to time, we may change the price of any Service or charge for use of Services that are currently available. Any increase in charges will not apply until the expiry of your current billing cycle. When account will become inactive, when will it be deleted? In case of failure to maintain sufficient credit balance in your account or non-payment of renewal fee within the stipulated time whether reminded by us or not, your account may become inactive immediately on the last date of your subscribed plan. It may also warrant deletion of all such data / details stored in your account by you/your associates after 15 days of such non-renewal by payment of fees with penalties if any as per our discretion which may vary from case to case. You are responsible for keeping adequate backup of your data and cannot request us to provide your data backups at any point of time. Once an account is deleted for any reason, the data can become irrecoverable. However, please be aware that due to the nature of blockchain technology, any data you previously posted on the blockchain network cannot be deleted.
The data deletion policy may be implemented with respect to any or all of the Services. Each Service will be considered an independent and separate service for the purpose of calculating the period of inactivity. In other words, activity in one of the Services is not sufficient to keep your user account in another Service active.
YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK You acknowledge and agree that: (a) the Application(service) may contain errors, design flaws or other problems, including problems that may adversely impact the operation of your device; (b) the Application and its use may result in unexpected results, loss of data, or other unpredictable damage or loss to you; (c) We are under no obligation to correct any defects or errors; and (d) We have the right to unilaterally abandon development and maintenance of the Application at any time upon 15 days’ notice to paid users and without any obligation or liability to you or any third party. Electronic transmissions cannot be guaranteed to be secure or error-free, as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.It is your responsibility to check all transactions for the presence of viruses. We accept no liability for any damage caused by any virus transmitted by anyone. Restrictions on Use In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Services or otherwise make it available to any third party; (ii) provide any service based on the Services without prior written permission from us; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, our resource; and (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services, including but not limited to, for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity which may expose us or our users to any harm or liability of any type.
We respect your right to ownership of content stored by you using the services. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for our benefits and/or commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account without divulging your project information and as required for the purpose of providing the Services to you. We strongly recommend that all Users of your account retain all your original information/data locally on your electronic devices. You agree that any information/data uploaded by you, specially attachments such as creative works, drawings, documents and other records are only a COPY of the information/data owned by you and the ORIGINAL is always available with you physically or locally on your electronic device and/or backed-up elsewhere under your control. The fact that you uploaded Information/Data to our service does not mean that we have taken responsibility for the safe-keeping of your records.
Storage of Your Content using our Application relies on Cloud storage and IPFS/ Blockchain technology, whereby external parties are involved and facilitate digital processing. Your Content is stored in relevant public blockchain databases such as Distributed Ledgers using blockchain technology and anyone with access to your blockchain transaction hash /IPFS Hash (CID/ Pin) may be able to view the detail of your transaction. You acknowledge that when you upload certain content using the Application, this information is stored in part on third-party computers/ servers/ blockchain nodes that are not owned or directly controlled by us. As a result, we do not have the ability to recover your Content in case there are issues beyond our control and force-majeure arise in the storage or transfer of this information from others providing digital storage space/services for the Application. You acknowledge that it is your responsibility to remember/store your password as appropriate. In case you forget your password, you may be able to recover it using your previously used registered email ID. You agree that our service is NOT to be used primarily as a cloud repository service to store documents, photos etc., but as a smart platform as described earlier. Your ability to use any or all of the features offered by our service is largely determined by the type and features of the devices used by you, e.g.. fixed or mobile smart phone / computing/electronic device, the type and size of files and the speed/bandwidth offered by your Internet service provider. ACCORDINGLY, YOU ACCEPT ALL RISKS, INCLUDING IRRETRIEVABLE LOSS OF YOUR CONTENT, RESULTING FROM YOUR USE OF THE APPLICATION.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that we will have the right to block access to or remove such content made available by you if we receive complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by us for this purpose.
We may provide sample files, templates and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data and does not point to any real person/organization/situation. We make no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
We may carry advertisements, (including: references, reviews, comments, blogs, news reports) on our Applications/website. These advertisements will be displayed as decided by us and are provided to enhance the User experience and create easy interaction and ready-information between various Users. However the display of advertisements does NOT imply any endorsement or recommendation by us to use any of these service providers or their services. Each USER must carry-out his own due diligence prior to using the services of any Party and to Interact/share data/ make payments only as appropriate. We will NOT be responsible for any actions done by the USER.
Our relationship with relevant Professionals /service providers or agencies does not create an agency, partnership, joint venture, or any other type of relationship. Any transaction or agreement entered between you and the above-mentioned parties shall not bind us in any manner, and we shall not be required to perform any of the obligations or be bound by the responsibilities provided under such an agreement.
We are not obligated to monitor access or use of the Application, or your Content or to review or edit any of your Content, but we have the right to do so for the purpose of operating the Application, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Application or Your Content at any time and without notice, and at our sole discretion, if we determine that Your Content, or your use of the Application is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the Application, and in response may take any action we may deem appropriate.
INFIBLOCKS, INFIBLOCKS logo, OriginalRights logo are Trade names / Trademarks of INFIBLOCKS TECHNOLOGIES INC or its Owners / Affiliates. You agree not to display or use, in any manner, any of these trade names/ trademarks, without INFIBLOCKS’s prior written permission.
Any or some of the products/ services offered by us may be covered under certain Patent Rights and are protected by Intellectual property Law as implemented internationally. We reserve the right to initiate action against parties involved in the infringement of such patent rights.
You may be asked to provide feedback to us regarding the operation or use of the Application. This may include the filing of online reports, participating in telephone interviews, providing suggestions and ideas, or responding to written surveys that may be provided by us. You acknowledge and agree that we may use, disclose, reproduce, license, distribute and otherwise commercialize such feedbacks. You hereby grant to us an exclusive license on your feedback, and the associated intellectual property rights to allow us to carry out these rights.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURED, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM US, OUR EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT WE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS INCLUDING PERSONAL DAMAGE TO HUMAN BODY, LOSS OF LIVES, LOSS OF LIVELIHOOD ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL OUR ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED UN-USED PART OF THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold us, our officers, directors, employees, consultants, contractors, suppliers, associates and affiliates and the like harmless from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by us.
To the fullest extent permitted by applicable law, you agree that, unless we agree otherwise, all claims, disputes or disagreements (“Disputes”) between you and us relating to the Services, Terms of Service, or any related promotions, advertisements, statements or communications will be settled by confidential, final and binding arbitration by a single arbitrator in the forum and under the rules we mutually agree upon, failing which the Arbitration Act, 1991 (Ontario) will apply.
We would try to address your concerns before engaging in a formal legal dispute. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting us using the contact information provided in the “Contact us” section below. We’ll try to resolve the dispute informally by contacting you through email. If a dispute resolution is not commenced within 30 days after submission, either party may bring a formal proceeding.
You may only resolve Disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under our agreement.
Except as otherwise required by applicable law, in the event that the agreement to arbitrate is found not to apply to you or your claim, you and us agree that any judicial proceeding will be brought in the courts of Toronto, ON, Canada. Both you and us consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial. Limitation on Claims. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Application must be filed within one (1) month after such claim or cause of action arose, or else that claim or cause of action will be barred forever. The value of the Claim cannot exceed the amount paid by you towards subscription or the amount which is prorated in credit to your name based on the usage, period used and the period to complete, whichever is lower. If you had subscribed to Free Subscription Plan or did not pay any fee for the subscription, you will NOT have rights to any Claim whatsoever.
You agree that, to the fullest extent permitted by law, these General and Specific Terms of Service will be governed exclusively by the laws of Ontario, Canada.
We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to hello@OriginalRights.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms and to terminate your access to any Service in case of unexpected technical issues or discontinuation of the Service. You have the right to terminate your user account if we breach our obligations under these Terms and in such event, you will be entitled to prorated refund subject to administrative deductions of any prepaid fees. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address, mobile number and password and deletion of all data in your user account to the extent possible.
If you have any questions or concerns regarding this Terms of Service, please contact us at contact@OriginalRights.com