End User License Agreement
Last updated: October 2021
We know that it might be tempting to skip this End User License Agreement, but it is important to have a mutual understanding of what we expect from each other.
This End User License Agreement (“Contract”) constitutes a legally binding agreement between you, whether personally or on behalf of a company, organization, or other entity (“you”) and IDmelon Technologies Inc. (“company”, “we”, “us”, or “our”) with the office at #401 68 Water Street, Vancouver, BC, Canada V6B 1A4. You agree that by activating, creating an admin panel, accessing, or using our services, you have read, understood, and agreed to enter into a legally binding contract (“Contract” or “User Agreement”) with IDmelon (even if you are using our Services on behalf of an entity). Otherwise, you can terminate this contract or user agreement at any time you wish by deleting/uninstalling your app and no longer accessing or using our Services.
The Service provided by IDmelon is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Note: In this End User License Agreement, if we refer to “user(s),” we are referring to any individual who is invited to a panel by an admin on behalf of a company, organization, or other entity (“you”).
IDmelon Services are provided by, and you’re contracting with:
IDmelon Technologies Inc.
#401 68 Water Street
Canada V6B 1A4
You are entering into this Contract with IDmelon (also referred to as “we”, “us”, and “our”).
This contract applies to your access to and use of the IDmelon website, IDmelon-branded apps as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto, and other services that state that they are offered under this Contract (“Services”).
We reserve the right, in our sole discretion, to make changes or modifications to this End User License Agreement from time to time. We will alert you about any changes by updating the “Last updated” date of this End User License Agreement, and you waive any right to receive specific notice of each such change. Please, ensure that you check the applicable Terms every time you use our Services so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised End User License Agreement by your continued use of the Service after the date such revised End User License Agreement is posted.
Plus, the software may periodically check for updates, and download and install them for you. You may obtain updates only from IDmelon or authorized sources. IDmelon may need to update your system to provide you with updates. You agree to receive these automatic updates without any additional notice. Updates may not include or support all existing software features, services, or peripheral devices.
Intellectual Property Rights
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the trademarks, service marks, and logos contained therein (collectively, the “Content”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content is provided for your information and personal use only. No part of the Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Installation and Use Rights
You or your users may install and use any number of copies of the IDmelon application on your mobile devices that support Android 8.0 or above, or iOS 11 or above. IDmelon grants you non-exclusive licenses to use the application.
The Service is intended for users who are at least 13 years old. If you/users are under the age required, you/they must have your/their parent or legal guardian’s permission to use it. Please, ask your/their parent or legal guardian to read these Terms with you/them. If you/they are a parent or legal guardian, and you/they allow your/their child to use the services, then these terms apply to you/them and you/they are responsible for your/their child’s use of the services.
The age requirement says 13 years old. However, if law requires that you/they must be older in order for IDmelon to lawfully provide the Services to you/them without parental consent, then the Minimum Age is such older age.
We offer a one-month free trial to new admins who just create a panel. You will not be charged until upgraded to a paid version at the end of the free trial.
The application is licensed, not sold. IDmelon reserves all other rights. You will not (and have no right to):
- work around any technical limitations in the application and system that only allow you to use it in certain ways;
- reverse engineer, decompile or disassemble the application;
- remove, minimize, block, or modify any notices of IDmelon or its suppliers in the software; or
- use the application in any way that is against the law or to create or propagate malware.
You may be required to purchase or pay a fee to access some of our services. If you buy any of our paid Services, you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services.
WARRANTIES AND DISCLAIMER OF ADDITIONAL WARRANTIES
- If you enrolled in one of the editions of Services requiring purchase, IDmelon represents and warrants that it will not knowingly include any computer code or other computer instructions, devices, or techniques, including without limitation those known as viruses, disabling devices, trojans, or time bombs, that intentionally disrupt, disable, harm, infect, defraud, damage, or otherwise impede in any manner, the operation of a network, computer program or computer system or any component thereof, including its security or user data. If, at any time, IDmelon fails to comply with the warranty in this section (1), you may promptly notify IDmelon in writing of any such noncompliance. IDmelon will, within thirty (30) days of receipt of such written notification, either correct the noncompliance or provide you with a plan for correcting the noncompliance. If the noncompliance is not corrected or if a reasonably acceptable correction plan is not established during such period, you may terminate this Agreement and receive a refund of any pre-paid but unearned subscription fees, prorated on a monthly basis, as its sole and exclusive remedy for such noncompliance. This provision does not apply to users’ use of free Services.
- If you have purchased hardware as part of the Services, IDmelon warrants to you only that hardware will be free of hidden defects in material and workmanship at the time of sale and for a period of one year thereafter. This warranty is limited to replacement of defective hardware. This Hardware warranty is your exclusive remedy for defective hardware. This provision does not apply to users who use only free Services.
EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION (1) and (2), THE SERVICES AND IDMELON CONFIDENTIAL INFORMATION AND ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES OF ANY KIND. IDMELON HEREBY DISCLAIMS FOR ITSELF AND ITS SUPPLIERS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
- NOTHING IN THIS AGREEMENT (OR ANY ORDER FORM) SHALL LIMIT OR EXCLUDE EITHER PARTY’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) ITS INDEMNIFICATION OBLIGATIONS; (IV) BREACH OF SECTION “PAYMENT,” OR SECTION “INTELLECTUAL PROPERTY RIGHTS; OR (V) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
- SUBJECT TO SECTION (A), IN NO EVENT WILL EITHER PARTY OR THEIR SUPPLIERS BE LIABLE TO THE OTHER PARTY (OR ANY PERSON CLAIMING THROUGH SUCH PARTY) FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT, THE DELAY OR INABILITY TO USE THE SERVICES OR ANYTHING PROVIDED IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE ARISING FROM THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, (I) LOSS OF REVENUE OR ANTICIPATED PROFITS (WHETHER DIRECT OR INDIRECT) OR (II) LOST BUSINESS OR (III) LOST SALES, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) BREACH OF STATUTORY DUTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- SUBJECT TO SECTION (A), THE MAXIMUM LIABILITY OF EITHER PARTY OR THEIR SUPPLIERS FOR ANY AND ALL CLAIMS UNDER AN APPLICABLE ORDER FORM, WHETHER BASED IN CONTRACT, TORT (INCLUDING ACTIVE AND PASSIVE NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, WILL NOT EXCEED, IN THE AGGREGATE, THE FEES PAID OR TO BE PAID TO IDMELON UNDER SUCH ORDER FORM DURING THE TWELVE-MONTH PERIOD ENDING ON THE DATE THAT SUCH CLAIM IS FIRST ASSERTED. THE FOREGOING LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
How to Contact Us
For general inquiries, you may contact us at [email protected]. For legal notices or service of process, you may write us at this address: IDmelon Technologies Inc., #401 68 Water Street, Vancouver, BC, Canada V6B 1A4.