1. Binding Terms Upon User
“CB” or “us” or “we” shall mean CrowdBlink Technologies Inc. if the software CrowdBlink Protect (“CB-Protect”) is used in Canada or CrowdBlink Inc. if CB-Protect is used in the United States of America.
“User(s)” shall mean either the enterprise or organization that has entered into a license agreement with us (“Client”), any of the Client’s permitted users who are scanning individuals through CB-Protect such as Client’s agents, employees, staff, personnel, contractors, representatives or any third parties authorized by Client to use CB Protect or any individual who are directly using CB-Protect for a self-assessment upon request from the Client.
3. Use of Product
Registration Information: The User agrees and understands that the User is responsible for maintaining the confidentiality of the User’s password, which, together with the User’s name and e-mail address or other User identifier (“User ID”), allows the User to access CB-Protect. The User ID and password, together with any other contact information the User provides the Company at the time of signing up for CB-Protect comprise the User’s “Registration Information.” The User agrees that all Registration Information provided to the Company will be accurate and up-to-date. The User agrees to keep the User’s password secure. The Company will not be liable if the Company is unable to retrieve or reset a lost password. If the User becomes aware of any unauthorized use of the User’s password or account, the User agrees to notify the Company via e-mail at email@example.com as soon as possible. The Client and/or User may not open an account if the Client and/or User is a competitor of the Company.
Unauthorized Access: The Client and/or User agrees to only access (or try to access) and use CB-Protect through interfaces provided by us. The Client and/or User shall not access (or try to access) and use CB-Protect through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. The Client and/or User agrees not to use or attempt to use another User’s account. The Client and/or User agrees not to impersonate any person or entity, or falsely state or otherwise misrepresent the Client and/or User, the Client and/or User’s personal information, or the Client and/or User’s affiliations with any person or entity.
Technical Requirements: Use of CB-Protect requires internet access through the User’s computer. The User may be required to have the most up-to-date IOS operating system to use CB-Protect, and some features of CB-Protect may not be accessible with such technologies disabled.
User Responsibility for Equipment. The User agrees to be responsible for obtaining and maintaining any software, browsers, hosting services, other equipment and ancillary services needed to connect to, access or otherwise use CB-Protect.
4. Prohibited Uses
The Client and/or Users may use CB-Protect only for lawful purposes, and may not use CB-Protect in any manner that:
(a) breaches any applicable local, national or international law or regulation;
(b) may in any way be considered harassment to another person or entity;
(c) may in any way be unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(d) may in any way damage, disable, overburden, and/or impair CB-Protect server, or any network connected to CB-Protect server, and/or interfere with any other party’s use or enjoyment of CB-Protect;
(e) is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;
(f) harms or attempts to harm minors in any way;
(g) will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Analytics Product customers, employees, members, or officers;
(h) will cause sensitive personal information records of any individual (including, but not limited to, credit card information, personal health records, military information, and passport information) to be attained or used illegally or in an unauthorized manner;
(i) will decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying CB-Protect;
(j) will modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on CB-Protect Content that the User does not own or to which the User has rights, or to create derivative works based on CB-Protect;
(k) will infringe upon the Company’s intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on CB-Protect in any form (including by e-mail or other electronic means), without the Company’s prior written consent;
(l) is for the benefit of or permit a third party, who is not a registered User, to use CB-Protect;
(m) will attempt to gain unauthorized access to, or disrupt the integrity or performance of CB-Protect or the data contained therein;
(n) will use CB-Protect to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment
(o) will the post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information
(p) will disrupt the functioning of CB-Protect, in any manner; and/or
(q) in the event that CB-Protect is being used on a mobile device shall not be used in a way that distracts the User and/or prevents the User from obeying traffic or safety laws,
In addition, Client and/or Users shall not:
a) collect or use of any personal health information from patients of a health establishment for any purposes whatsoever;
and any of the foregoing (“Prohibited Uses”) may, once investigated, result in immediate account termination for a User account and agreement and/or termination of an agreement with the Client who authorized such user to access CB-Protect.
5. No Interference
Crowdblink’s Protect, including algorithms, training materials and software, etc. are essential to Crowdblink’s business. To protect Crowdblink’s continued ownership of Crowdblink Protect, the Client agrees that it will not (each individually, and collectively, an event of “Misuse”):
c) attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Intellitix Analytics Product or any software, documentation or data related to CB-Protect (“Software”);
d) modify, translate, or create derivative works based on CB-Protect or any Software (except to the extent expressly permitted by CB or authorized within CB-Protect);
e) use CB-Protect or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party or permit a third party to use CB-Protect;
f) remove any proprietary notices or labels from CB-Protect or Software.
g) change Crowdblink’s Software;
h) improperly use any Client user accounts, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Client account or the Software, whether such use is with or without Client’s knowledge or consent;
i) permit the use of CB-Protect by any third party without the written approval of Intellitix;
j) failure to cooperate with Crowdblink’s reasonable requests for information and direction;
k) use Crowdblink’s Software without making payment when due.
Pursuant to the amendment restrictions set out in applicable law, CB may add to, discontinue or revise any aspect, mode, design, or service provided under CB-Protect which include but are not limited to the:
(a) scope of the features;
(b) timing of the features;
(c) software/hardware required for access to CB-Protect; and
(d) geographic locations or jurisdictions in which certain features may be available.
(a) the new or amended agreement terms;
(b) how such terms read formerly;
(c) the date of the coming into force of the amendment;
(d) the means in which to respond to the notice of amendment and the effects of not responding;
(e) the option to either terminate the agreement or retain the existing agreement unchanged; and
(f) the language of this provision with reference to the applicable consumer protection legislation rules for amending this License Agreement and making any additional requirements for amendments as prescribed by law (if any).
It is the Client and/or User’s responsibility to send such notices of material changes to all Users associated with the User’s account. CB highly recommends that each Client and/or User read any amendments carefully. Unless explicit consent is required by the law, CB has the right to assume that each Client and/or User accessing CB-Protect through CB-Protect registration has accepted the change to this License Agreement, unless such Client and/or User notify CB to the contrary, no later than fourteen (14) days after the amendment comes into force (or the minimum number of days as required under Applicable Law, whichever is greater), that such Client and/or User desires to cancel the contract or deregister or unsubscribe from access to CB-Protect. Refunds, if any, are pursuant to the provisions set out in the License Agreement.
CB will post the most current terms to the License Agreement conspicuously within CB-Protect and Crowdblink’s website and the Client and/or User’s use of CB-Protect will be subject to the most current terms as posted on CB-Protect at such time. It is the Client and/or User’s responsibility to visit this page to find any updates that may have been made to the License Agreement. Each Client and/or User hereby agrees that CB shall not be liable to such User for any amendments to the License Agreement.
7. Compliance with Laws
User shall be fully and solely responsible for ensuring that its use of CB-Protect is compliant with all applicable laws, including without limitations, fundamental rights, privacy laws and labor standards.
8. Personal information
9. Limitation of Liability, Indemnification and Arbitration
10. Contact us