The following "Terms of Service" governs your use of the software and services provided by CredeeApp (and its subsidiaries) ("CredeeApp"). This is a legal agreement between you and CredeeApp and incorporates the Privacy Policy at https://credeeapp.ca/privacy-policy. By registering your use of the Service (as defined below), you are accepting to be bound to the terms of this Terms of Service.
CredeeApp is a trade name of Credee Corporation, a company registered extraprovincially in British Columbia, Canada (Registration No. A0138540), originally incorporated in Delaware, USA.
1. Definitions
(a) "Administrator" shall mean a Subscriber (as defined in Section 1(i)) with authority to designate additional Authorized Users and/or Administrators, and commit the Subscriber to additional services from CredeeApp.
(b) "Agreement" shall mean this entire Terms of Service and incorporates by reference the Privacy Policy located at https://credeeapp.ca/privacy-policy.
(c) "Authorized User" shall mean an individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.
(d) "Confidential Information" shall mean the Content (as defined in Section 1(e)) and any information, technical data, or know-how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party's research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personal information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine-readable form or through access to either party's premises.
(e) "Content" shall mean any information you upload or post to the Service and any information provided by you to CredeeApp in connection with the Service, including, without limitation, information about your Authorized Users or Registered Clients, as defined in Section 1(g).
(f) "Primary Subscriber" shall mean the Subscriber who initiated the Services offered by CredeeApp and is assumed by CredeeApp to have the sole authority to administer the subscription.
(g) "Registered Client" means an individual who has been invited to use the client-facing features of the Service in a limited capacity as a client of an Authorized User.
(h) "Service" shall mean any software or services provided by CredeeApp.
(i) "Subscriber" shall refer to the person or legal entity that purchases, registers for, or otherwise subscribes to the Services and is identified in the applicable order form, account registration, or subscription record.
(j) "Security Emergency" shall mean a violation by Subscriber of this Agreement that (a) could disrupt (i) CredeeApp's provision of the Service; (ii) the business of other subscribers to the Service; or (iii) the network or servers used to provide the Service; or (b) provides unauthorized third party access to the Service.
(k) "Personal Information" means information about an identifiable individual as defined under applicable privacy laws.
2. Limited License & Use of the Service
2.1 Subscriber is granted a non-exclusive, non-transferable, limited license to access and use the Service.
2.2 CredeeApp does not review or pre-screen the Content and CredeeApp claims no intellectual property rights with respect to the Content.
2.3 Authorized Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet ("CSS") or any visual design elements without the express written permission from CredeeApp.
2.4 Authorized Users agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, CredeeApp, or any other software or service provided by CredeeApp.
2.5 Authorized Users agree that they will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of the terms of this Agreement.
2.6 Authorized Users agree that they will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email "Spam", short message service "SMS" messages, viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature.
2.7 Except for the non-exclusive license granted pursuant to this Agreement, Subscriber acknowledges and agrees that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with CredeeApp.
2.8 Authorized Users who configure the Service to share or make available certain Content to the public, are deemed to acknowledge and agree that everyone will have access to the Content ("Public Content"). It is the responsibility of the Authorized User to determine if the Service being shared is appropriate for each Registered User. CredeeApp reserves the right, at any time, in its sole discretion, to take any action deemed necessary with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content.
2.9 CredeeApp reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice. Continued use of the Service following any modification constitutes Subscriber's acceptance of the modification.
2.10 CredeeApp reserves the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method deemed appropriate by CredeeApp. Further, CredeeApp shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to the Subscriber, but reserves the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, CredeeApp will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.
2.11 CredeeApp stores all Content on redundant storage servers. The Subscriber may also elect to replicate all Content associated with the subscription on its own storage device.
2.12 Subscriber grants to CredeeApp a non-exclusive, royalty-free right during Subscriber's use of the Service, to use the Confidential Information for the sole purpose of performing CredeeApp' obligations under the Agreement in accordance with the terms of the Agreement. Such rights shall include permission for CredeeApp to generate and publish aggregate, anonymized reports on system usage and Content trends and type, provided they do not conflict with Section 4.1.
2.13 CredeeApp uses one code-base for all jurisdictions. Subscriber is required, using settings available within the Service, to configure the Service for its own jurisdiction and to verify that the settings meet the Subscriber's requirements. CredeeApp will highlight known features that may require Subscriber review.
2.14 Credee Corporation provides software tools only. Any payment-related functionality available through the Service is facilitated by third-party payment providers, and Credee Corporation does not independently process or hold customer funds.
2.15 Credee Corporation provides a software platform that enables businesses to manage customer accounts, subscriptions, and billing workflows. Credee Corporation does not provide financial services, act as a financial intermediary, or offer regulated financial products or services.
3. Access to the Service
3.1 Subscriber is only permitted to access and use the Service if he/she is an Authorized User or a Registered Client. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service.
3.2 Each Authorized User will be provided with a unique identifier to access and use the Service ("Username"). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.
3.3 The initial Administrator shall be the Primary Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators. Each subscription may designate multiple Authorized Users as Administrators. Any Administrator shall be deemed to have the authority to manage the subscription and any Authorized Users. The Administrator will deactivate an active Username if the Administrator wishes to terminate access to the Service for any Authorized User.
3.4 Administrators are responsible for all use of the Service by Authorized Users on the list of active Authorized Users associated with their subscription to the Service.
3.5 As between CredeeApp and the Subscriber, any Content uploaded or posted to the Service remains the property of the Subscriber. Upon Cancellation or Termination of Service as discussed in Section 9 below, CredeeApp shall only be responsible for the return of Content directly to the Administrator or a designated Authorized User in the event that the Administrator is unable to be reached.
3.6 All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
3.7 Authorized Users are permitted to access and use the Service using an Application Program Interface ("API") subject to the following conditions:
(a) any use of the Service using an API, including use of an API through a third-party product that accesses and uses the Service, is governed by these Terms of Service;
(b) CredeeApp 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 CredeeApp has been advised of the possibility of such damages), resulting from any use of an API or third-party products that access and use the Service via an API;
(c) Excessive use of the Service using an API may result in temporary or permanent suspension of access to the Service via an API. CredeeApp, in its sole discretion, will determine excessive use of the Service via an API, and will make a reasonable attempt to warn the Authorized User prior to suspension; and
(d) CredeeApp reserves the right at any time to modify or discontinue, temporarily or permanently, access and use of the Service via an API, with or without notice.
4. Confidentiality
4.1 Each party agrees to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement.
4.2 Credee Corporation and any third-party vendors or hosting providers engaged in the provision of the Service shall treat all Content as confidential and shall not access, use, or disclose such Content except:
(a) as necessary to provide and maintain the Service;
(b) in accordance with this Agreement and applicable law; or
(c) as otherwise authorized by the Subscriber in writing.
5. Security and Access
5.1 CredeeApp is responsible for providing a secure method of authentication and accessing its Service. CredeeApp will provide mechanisms that:
(a) allow for user password management
(b) transmit passwords in a secure format
(c) protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.
5.2 Subscriber will be responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.
5.3 Subscriber will implement policies and procedures to prevent unauthorized use of usernames and passwords, and will promptly notify CredeeApp upon suspicion that a username and password has been lost, stolen, compromised, or misused.
5.4 At all times, CredeeApp, and any third party vendors and hosting partners it utilizes to provide the Service, will:
(a) use information security best practices for transmitting and storing your Content, adhering to industry standards;
(b) employ information security best practices with respect to network security techniques, including, but not limited to, firewalls, intrusion detection, and authentication protocols, vulnerability and patch management;
(c) ensure its host facilities maintain industry standards for security and privacy; and
(d) within thirty (30) days of a request by Subscriber, provide Subscriber with a (SOC2 or SOC3) audit report or industry standard successor report or a comparable description of its security measures in respect of the data center facilities used to host the Service and the Content. In order to obtain such a report, Subscriber must enter into an agreement with the third party provider of the report.
5.5 CredeeApp shall report to Subscriber, with all relevant details (except those which could prejudice the security of data uploaded by other customers), any event that CredeeApp reasonably believes represents unauthorized access to, disclosure of, use of, or damage to Content (a "Security Breach"). CredeeApp shall make such report within 72 hours after learning of the Security Breach.
5.6 In the event of a Security Breach, CredeeApp shall
(a) cooperate with Subscriber to identify the cause of the breach and to identify any affected Content;
(b) assist and cooperate with Subscriber in investigating and preventing the recurrence of the Security Breach;
(c) assist and cooperate with Subscriber in any litigation or investigation against third parties that Subscriber undertake to protect the security and integrity of Content; and
(d) use commercially reasonable endeavours to mitigate any harmful effect of the Security Breach.
6. Legal Compliance and Data Protection
6.1 CredeeApp maintains that its primary duty is to protect the Content to the extent permitted by applicable law. CredeeApp reserves the right to provide Confidential Information to third parties as required or permitted by law (including in response to a subpoena, court order, or other legal process), and to cooperate with law enforcement or regulatory authorities in the investigation of any criminal, civil, or administrative matter.
If CredeeApp is required by law to disclose Confidential Information that is otherwise restricted under this Agreement, CredeeApp will, to the extent permitted by law, provide Subscriber with prompt written notice prior to such disclosure so that Subscriber may seek a protective order or other appropriate remedy. CredeeApp will disclose only that portion of Confidential Information that it is legally required to disclose.
6.2 Privacy and Data Protection Compliance
Each party will comply with all applicable privacy and data protection laws in connection with its performance under this Agreement, including the Personal Information Protection and Electronic Documents Act (Canada) ("PIPEDA") and, where applicable, substantially similar provincial privacy legislation, including the private-sector privacy laws of British Columbia, Alberta, and Québec.
6.3 Collection and Use of Personal Information
CredeeApp will collect, use, disclose, retain, and otherwise process Personal Information solely for the purpose of providing and improving the Services and in accordance with this Agreement and its Privacy Policy.
6.4 Cross-Border Data Transfers
Subscriber acknowledges and agrees that, in connection with providing the Services, CredeeApp and its service providers may process or store Personal Information in jurisdictions outside of Canada, including the United States, where privacy laws may differ from those in Canada. Data may be stored or processed on servers located in the United States. By using the Service, Subscriber expressly consents to such transfer in accordance with applicable Canadian privacy law, including PIPEDA. CredeeApp will implement contractual and other reasonable safeguards to ensure that Personal Information receives appropriate protection.
6.5 Safeguards and Security Incident Notification
Each party will implement reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of the Personal Information in its custody or control.
In the event of a confirmed breach of security safeguards involving Personal Information processed by CredeeApp on behalf of Subscriber, CredeeApp will notify Subscriber without unreasonable delay after determining that such breach has occurred and will provide reasonable information and cooperation to enable Subscriber to comply with applicable law.
7. Managed Backup and Archiving
7.1 CredeeApp's managed backup services must be designed to facilitate restoration of Content to the server or device from which the Content originated in the event the primary data is lost or corrupted. CredeeApp shall ensure recovery of lost or corrupted Content at no cost to you. Following any cancellation or termination of Service for any reason, Subscriber shall have ninety days to retrieve any and all Content.
8. Payment, Refunds, and Subscription Changes
8.1 Subscribers with paid subscriptions will provide CredeeApp with a valid payment method for payment of applicable subscription fees. All fees are stated in Canadian dollars unless otherwise specified and are exclusive of applicable taxes.
Subscriber is responsible for all applicable federal, provincial, territorial, or local taxes, including goods and services tax (GST), harmonized sales tax (HST), provincial sales tax (PST), and Québec sales tax (QST), based on the Subscriber's location, excluding taxes based on CredeeApp's net income.
CredeeApp will disclose applicable recurring subscription fees and any mandatory non-government charges prior to the completion of the purchase or subscription process. Government-imposed taxes may be added where applicable.
Invoices will include applicable subscription fees and required taxes. In the event of changes to applicable tax rates, CredeeApp may apply the updated rates as required by law.
In addition to subscription fees, Subscriber may incur charges related to its use of third-party services, such as internet access, data transmission, or telecommunications services, which are the sole responsibility of the Subscriber.
8.2 Subscribers with monthly paying subscriptions will be charged upon the expiration of any applicable free trial period. Subscriptions cancelled prior to the expiration of any trial period, will not be charged. Monthly Subscribers will thereafter be charged in advance each 30 days. Annual Subscribers will thereafter be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable, including payments made by Annual Subscribers, setup fees, and other professional services charges.
Subscribers who purchased setup or professional services, like tailored live training, customized forms and documents, or migration services, must initiate those services within sixty (60) days (Service Window) following their purchase. Absent a separate invoice, the date of purchase for setup or professional services will be deemed to be the initial date of entry of a valid credit card for payment as required in §9.1. Failure of the Subscriber to initiate purchased setup or professional services within Service Window will result in those services no longer being available and no refund will be issued.
8.3 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a Subscriber. Notwithstanding the foregoing, statutory refund rights available to consumers under applicable Canadian provincial law, including any cooling-off period rights described in Section 9.5, are not limited or affected by this clause.
8.4 There are no charges for cancelling a subscription and paying subscriptions cancelled prior to the end of their current billing cycle will not be charged again in the following cycle.
8.5 The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades, and including the addition or removal of discounts included for the purchase of suite services. Adding Authorized User subscriptions or subscription upgrades will trigger prorated charges in the current billing cycle. Subscriber authorizes CredeeApp to apply updated charge amounts. Subscription changes, including downgrades, may result in loss of access to Content, features, or an increase or reduction in the amount of available capacity for Content provided by the Service.
8.6 All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the Administrator, or in the form of an announcement on the Service.
8.7 Subscriber is responsible for paying all taxes associated with the subscription to the Service. If CredeeApp has the legal obligation to pay or collect taxes for which Subscriber is responsible under this section, the appropriate amount shall be charged to and paid by Subscriber, unless Subscriber provides CredeeApp with a valid tax exemption certificate authorized by the appropriate taxing authority.
8.8 Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If the Subscriber is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, CredeeApp receives an amount equal to the sum it would have received had no such deduction or withholding been made.
9. Cancellation and Termination
9.1 Administrators are solely responsible for canceling subscriptions. An Administrator may cancel their subscription at any time by accessing the Service. For security reasons, cancellations shall only be performed by an Administrator using the account cancellation URL within the Service. The Administrator may be directed, within the Service, to call support to complete the cancellation. Cancellations shall not be accepted by any other means.
9.2 CredeeApp in its sole discretion has the right to suspend or discontinue providing the Service to any Subscriber without notice for actions that are
(a) in material violation of this Agreement and
(b) create a Security Emergency.
9.3 If
(i) Authorized Users use the Service to materially violate this Agreement in a way that does not create a Security Emergency;
(ii) CredeeApp provides Subscriber with commercially reasonable notice of this violation;
(iii) CredeeApp uses commercially reasonable efforts to discuss and resolve the violation with Subscriber; and
(iv) despite the foregoing, the violation is not resolved to CredeeApp's reasonable satisfaction within thirty (30) days of such notice, then CredeeApp reserves the right to suspend access to the Service.
9.4 As required by Section 8 above ("Managed Backup and Archiving"), upon cancellation or termination of a subscription, Content is made available to the Administrator or a designated Authorized User. Following a period of no less than ninety (90) days from the cancellation or termination of a subscription, all Content associated with such subscription will be irrevocably deleted from the Service. All Escrowed Data, if any, will continue to remain available for a period of six months upon cancellation or termination of a subscription in accordance with the terms of the Escrow Agreement.
9.5 Consumer Cancellation Rights (Canada)
Residents of certain Canadian provinces may have a statutory right to cancel this Agreement within a specific "cooling-off period" (typically 7 to 10 days) after receiving a copy of the Agreement, if the Agreement does not contain required information or if services are not provided as described.
How to Cancel: To exercise your right to cancel, you must notify CredeeApp via email at support@credeeapp.ca or through your account dashboard. Upon valid cancellation within the statutory period, CredeeApp will process a refund of any pre-paid fees within 15 days, subject to deductions for services already consumed where permitted by provincial law.
9.6 Quebec Residents — For residents of Québec, to the extent that any provision of this Agreement conflicts with the Consumer Protection Act (Québec) or any other applicable Québec consumer protection legislation, the applicable provisions of that legislation will prevail to the extent of the conflict.
10. Limitation of Liability
10.1 To the maximum extent permitted by applicable law, and except for liability arising from a party's fraud, gross negligence, wilful misconduct, breach of confidentiality obligations, infringement indemnity obligations, privacy or data protection obligations, or Subscriber's payment obligations, each party's aggregate liability arising out of or relating to this Agreement will not exceed the total fees paid or payable by Subscriber to Credee under this Agreement in the twelve (12) months preceding the event giving rise to the claim.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, or anticipated savings, even if advised of the possibility of such damages.
10.2 Subscriber agrees that the liability of CredeeApp arising out of any claim in any way connected with the Service will not exceed the total amount you have paid for the Service pursuant to the Agreement within the twelve (12) month period before the date the claim arose.
10.3 Subscriber will solely be responsible for any damage and/or loss of Content contained in Subscriber's technology which occurs as a result of Subscriber's electronic equipment and/or Subscriber's computer system.
11. Disclaimer of Warranties
11.1 CredeeApp hereby disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third-party rights with respect to any services provided by CredeeApp. Nothing in this Section 11.1 will modify CredeeApp's obligation to indemnify the subscriber as required by Section 12.2(a) of this Agreement ("Indemnification").
11.2 CredeeApp makes no warranty that its services when provided to Subscriber in digital or electronic format will be compatible with Subscriber computer and/or other equipment, or that these Services will be secure or error-free. Nor does CredeeApp make any warranty as to any results that may be obtained from the use of the Service. Nothing in this Section 11.2 shall modify CredeeApp's obligations under Section 4 above ("Confidentiality") or Section 5 above ("Security and Access") or CredeeApp's obligation to indemnify you as required by Section 12.2(b) of this Agreement ("Indemnification").
11.3 CredeeApp hereby disclaims all warranties of any kind related to Subscriber's hardware or software beyond the warranties provided by the manufacturer of Subscriber's hardware or software.
12. Indemnification
12.1 Subscriber hereby agrees to indemnify and hold harmless CredeeApp from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys' fees, which arise from or relate to the following:
a. Authorized Users' breach of any obligation stated in this Agreement, and
b. Authorized Users' negligent acts or Commissions.
CredeeApp will provide prompt notice to Subscriber of any indemnifiable event or loss. Subscriber will undertake, at Subscriber's own cost, the defense of any claim, suit or proceeding with counsel reasonably acceptable to CredeeApp. CredeeApp reserves the right to participate in the defense of the claim, suit, or proceeding, at CredeeApp' expense, with counsel of CredeeApp's choosing.
12.2 CredeeApp shall defend, indemnify and hold Subscriber harmless against any loss, damage or costs (including reasonable attorneys' fees) in connection with claims, demands, suits, or proceedings ("Claims") made or brought against Subscriber by a third party
a. Alleging that the Service, or use of the Service as contemplated hereunder, infringes a copyright, any patent issued in any applicable jurisdiction, or a trademark of a third party or involves the misappropriation of any trade secret of a third party; provided, however, that Subscriber:
(a) Promptly gives written notice of the Claim to CredeeApp (provided, however, that the failure to so notify shall not relieve CredeeApp of its indemnification obligations unless CredeeApp can show that it was materially prejudiced by such delay and then only to the extent of such prejudice); (b) Gives CredeeApp sole control of the defense and settlement of the Claim (provided that CredeeApp may not settle any Claim unless it unconditionally releases Subscriber of all liability); and (c) Provides to CredeeApp, at CredeeApp's cost, all reasonable assistance. CredeeApp shall not be required to indemnify Subscriber in the event of: (x) modification of the Service by Subscriber in conflict with Subscriber's obligations or as a result of any prohibited activity as set forth herein to the extent that the infringement or misappropriation would not have occurred but for such modification; (y) use of the Service in combination with any other product or service not provided by CredeeApp to the extent that the infringement or misappropriation would not have occurred but for such use; or (z) use of the Service in a manner not otherwise contemplated by this Agreement to the extent that the infringement or misappropriation would not have occurred but for such use; or
b. Arising out of or related to a violation by CredeeApp of its obligations under Section 4 above ("Confidentiality") or Section 5 above ("Security and Access"),
13. CredeeApp Payments
13.1 CredeeApp offers an optional product which allows you to process payments and other payment related services ("CredeeApp Payments"). In addition to Services related to CredeeApp Payments provided by CredeeApp, the payment processing component of CredeeApp Payments is provided by the third party payment processing provider Stripe Payments or its affiliates ("Payment Processor"). This payment processing is a Third Party Service (as defined below) and is subject to the Stripe Connected Account Agreement including agreements and other documents referred to in such agreement (collectively, the "Payment Processing Agreement"), as modified by the Payment Processor in accordance with the Payment Processing Agreement. By enrolling in and continuing to use CredeeApp Payments, Subscriber agrees to be bound by this Section 13 and the applicable terms of the Payment Processing Agreement. By using CredeeApp Payments, Subscribers acknowledge that payment processing services in Canada are provided by Stripe Payments Canada, Ltd. and agree to be bound by the Stripe Connected Account Agreement available at https://stripe.com/legal/connect-account.
13.2 CredeeApp Payments are subject to certain fees and surcharges communicated to Subscriber during the enrollment process. As a condition of CredeeApp enabling CredeeApp Payments, Subscriber agrees to provide CredeeApp with accurate and complete information related to Subscriber's use of CredeeApp Payments and authorizes CredeeApp to share such information and transaction information with the Payment Processor pursuant to our Privacy Policy. Transaction information from Payers will be collected for processing of transactions by the Payment Processor in accordance with the Payment Processor's terms applicable to the payments. To the extent permitted by law, certain service fees may be collected through the payment processor or charged using the Subscriber's designated payment method, subject to applicable agreements. Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the settlement amounts are not sufficient to meet Subscriber's obligations, CredeeApp may charge or debit the bank account or credit card registered in Subscriber's account for any amounts owed (and you agree to execute such additional directions in writing to permit us to do so, if required). In the event a payment chargeback or dispute occurs, Subscriber may be charged a dispute fee per occurrence by CredeeApp. This Section does not permit CredeeApp to debit a Subscriber trust account for any reason. In addition to the amount due, delinquent accounts may be charged fees that are incidental to the collection of delinquent accounts and chargebacks including, but not limited to, collection fees, convenience fees, legal fees and expenses, costs of any arbitration or court proceeding, collection agency fees, any applicable interest and third party charges. Subscriber hereby explicitly agrees that all communication in relation to delinquent accounts will be made by electronic mail or by phone, at addresses and numbers provided to CredeeApp. Such communication may be made by CredeeApp or by anyone on its behalf, including, but not limited to, a third party collection agent. Subscriber will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using CredeeApp Payments. An Administrator may cancel the use of CredeeApp Payments at any time by logging into their account dashboard at https://credeeapp.ca or by contacting support@credeeapp.ca
14. Consent to receive calls and/or SMS
14.1 Subscriber agrees that Credee may send electronic communications relating to the Services, including account notifications, security alerts, billing notices, payment reminders, transactional updates, and other service-related communications.
14.2 Where required by applicable law, including Canada's Anti-Spam Legislation, Credee will obtain the appropriate consent before sending commercial electronic messages of a promotional or marketing nature. Such messages will identify Credee as the sender and include a functioning unsubscribe mechanism or other legally required withdrawal-of-consent method.
14.3 If Subscriber provides contact information for its personnel, representatives, or end users, Subscriber represents and warrants that it has obtained all necessary rights, notices, and consents required by applicable law for Credee to send communications related to the Services.
14.4 A request to unsubscribe from promotional communications will not prevent Credee from sending non-promotional service or transactional communications where permitted by law.
You may withdraw your consent to receive marketing communications at any time by using the unsubscribe mechanism provided in such communications or by contacting Credee Corporation at support@credeeapp.ca. Withdrawal of consent will not affect the lawfulness of any communications sent prior to such withdrawal.
15. Miscellaneous
15.1 Technical support and training are available to Authorized Users with active subscriptions and are available by telephone, email, or electronic support ticket.
15.2 Subscriber acknowledges and agrees that CredeeApp may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
15.3 The Services may allow you to access or use or integrate with third party providers of products and services ("Third Party Services"). Such Third Party Services are not "Services" under this Agreement and are not subject to any terms related to Services, including related warranties, indemnities, service commitments or other obligations . The availability of any Third Party Services through the Services does not imply CredeeApp's endorsement of or affiliation with the provider. Access to and use of any Third Party Services are subject to the separate terms and conditions required by the providers of the Third Party Services. CredeeApp does not control the Third Party Services and will have no liability to Subscriber in connection with any Third Party Service. CredeeApp has no obligation to monitor or maintain any Third Party Service and may replace, disable or restrict access to any Third Party Service or cancel related integrations at any time, without notice. By using or enabling any third-party service, the subscriber expressly acknowledges that any liability and remedies related to such third-party service are entirely governed by the applicable third-party agreement, and CredeeApp disclaims all liability related to those third-party services.
15.4 Subscriber acknowledges the risk that information and the Content stored and transmitted electronically through the Service may be intercepted by third parties. Subscriber agrees to accept that risk and will not hold CredeeApp liable for any loss, damage, or injury resulting from the interception of information. The Content is stored securely and encrypted. Only CredeeApp, with strict business reasons, may access and transfer the Content and only to provide Subscriber with the Service. CredeeApp will make reasonable efforts to provide notice to Subscriber prior to such access and transfer. CredeeApp' actions will comply with its obligations under Sections 4 and 5 of this Agreement.
15.5 The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
15.6 This Agreement constitutes the entire agreement between Authorized Users and CredeeApp and governs Authorized Users use of the Service, superseding any prior agreements between Authorized Users and CredeeApp (including, but not limited to, any prior versions of this agreement).
15.7 CredeeApp reserves the right to amend this Agreement. In the event of material changes to the Agreement, CredeeApp will notify Subscribers, by email, or by other reasonable means of these changes prior to their enactment. Continued use of the Service by the Subscriber after reasonable notice will be considered acceptance of any new terms.
15.8 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety without consent of the other party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets provided the assignee has agreed to be bound by all of the terms of this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this Section shall be void and of no effect.
15.9 Governing Law and Venue. This Agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Subject to any mandatory rights under applicable law, the parties irrevocably attorn to the exclusive jurisdiction of the courts located in Vancouver, British Columbia for any dispute arising out of or relating to this Agreement.
Company Information:
Credee Corporation is a company registered extraprovincially in British Columbia, Canada (Registration No. A0138540), originally incorporated in Delaware, USA.
Registered office:
777 Hornby Street, Suite 600,
Vancouver, BC, V6Z 1S4, Canada
Email: support@credeeapp.ca
Phone: +1 (604) 998-8808
Website: https://credeeapp.ca