Terms of Service
ACenterA reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to You. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Website after any such amendments or modifications, You agree to be bound by such amended or modified Terms of Service. For this reason, we encourage You to review the Terms of Service whenever you use the Website. If you do not agree to any change to the T&C, then you must immediately stop using the Site.As a last note, you must understand that ACenterA uses 3rd party data service providers such as AWS, Digitalocean, Microsoft, Google you must read and accept their term of services of any of these 3rd party since behind the hood we may be using some of their service as part of our offering.
1. Eligibility & Acceptance
1.0 BY ACCESSING, BROWSING, SUBSCRIBING, INSTALLING OUR PLUGIN OR USING THIS WEB SITE AND OR OUR CLOUD PORTAL WEBSITE, OR ANY OTHER PRODUCTS FROM ACENTERA, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1.1 The Website is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Website, You represent and warrant that You are 18 years of age or older. If You are not at least 18 years of age, do not use or access the Website. You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify ACenterA of any unauthorized use of your account or any other breach of security. ACenterA will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Use Policy
Lawful use of the Network
2.1 In using ACenterA’s Network (the “Network"), Subscribers must comply with, and refrain from violations of, all applicable provisions of law, including the United States Code, the Code of Federal Regulations, and the New York Revised Statutes, including but not limited to those statutes forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) violations of the CANSPAM Act, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing Network use, including but not limited to: (a) disclosure requirements, including those regarding notification of security breaches, (b) records maintenance for regulated industries, and (c) financial institution safeguards.
Agreed Use of Allotted Network Resources
2.2 Subscribers shall not use any method to circumvent the provisions of the Terms of Service, or to obtain services in excess of those for which they contract with ACenterA Inc. Subscribers shall use only those IP addresses that are assigned to them by ACenterA, and shall not use any IP addresses outside of their assigned range. Subscribers shall not use any mechanism to exceed the amount of Network resources assigned to them, or to conceal such activities.
2.3 Subscribers may not use the Network to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks, (g) flood or mail bombs, (h) logic bombs, or (f) other actions which ACenterA reserves the sole right to determine to be malicious in intent. Email Violations
2.4 In addition to being forbidden from performing any acts made illegal by the CAN-SPAM Act, Subscribers may not send bulk email utilizing their Network resources unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the CAN-SPAM Act. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with ACenterA or other Subscribers, being placed on the Spamhaus.org blacklist. ACenterA reserves the sole and absolute right to determine whether an email violation has occurred. Restrictions
2.5 You agree that you will NOT use ACenterA's services to violate any applicable state and federal law and regulation, including, but not limited to, any copyright, trademark, patent, anti-piracy, or other intellectual property law or regulation, or encourage or enable others to violate any such law or regulation. You also agree that you will not transmit, distribute, post, store, link, or otherwise traffic in information, software, or materials that is offensive, abusive, inappropriate, malicious, or detrimental, including, but not limited to, those that ACenterA shall determine in its sole and absolute discretion, are obscene, fraudulent, or discriminatory. ACenterA may permit adult websites that abide by state and federal law and regulation.
2.6 Subscribers are restricted from registering multiple accounts with the same billing details without first notifying ACenterA of that intent. Otherwise, ACenterA shall have the right to automatically flag such accounts as fraudulent or abusive, and ACenterA may, without notification to the Subscriber of such account, suspend the service of such account or any other account used by such Subscriber. The use of referral codes by multiple accounts having the same billing profile is not allowed. ACenterA also reserves the right to terminate a Subscriber's account if they are targeted by malicious activity from other parties.
Invasion of Privacy, Defamation, or Harassment
2.7 Subscribers may not use Network resources in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory statements, or to harass or embarrass, which shall be determined in ACenterA’s sole and absolute discretion. Violation of Copyright, Trademark, Patent or Trade Secret
2.8 Subscribers may not use Network resources in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Network to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) (as required under 17 U.S.C. §512) will apply to issues presented by allegations of copyright violations by third parties. ACenterA will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of ACenterA is violating its intellectual property rights, it should notify us by email at firstname.lastname@example.org.
A notification should include the IP address where the violation is believed to have occurred in addition to any other requirements of the relevant law. If You believe any content on the Website infringes Your copyright, You should immediately send a notice of any such potential infringement to ACenterA. Your notice must meet the requirements of the DMCA by providing the following information:
1. An identification of the copyrighted work claimed to have been infringed;
2. An identification of the material that you claim is infringing so that we may locate it on the site;
3. Your address, telephone number and email address;
4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and
6. Your signature.
The notice should be E-Mailed to: email@example.com and simultaneously mailed to:
285 Lalemant, Longueuil
Quebec, CA, J4G1V2
Upon receipt of notice as described above, ACenterA shall take whatever action, in its sole discretion, it deems appropriate.
2.9 The foregoing enumeration of violations is not meant to be exclusive, and ACenterA provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Network, Subscribers, and third parties from acts that would be inimical to the purposes of ACenterA’s Acceptable Use Policy, as set forth herein. Acts of Sub-Users
2.10 Subscribers are responsible for the acts of others utilizing their Network access, and will be held responsible for violations of this Acceptable Use Policy by their sub-users or persons who gain access to the Network using the Subscriber's access codes. Any activity that a Subscriber is prohibited from performing by this Acceptable Use Policy is equally prohibited to anyone using the Network-access of the Subscriber. Accordingly, Subscribers agree to take the following actions outlined in 2.12, 2.13 and 2.14 below to control the activities of those who connect to the Network by any means. Access Code Protection
2.11 Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information. Notification Regarding the Acceptable Use Policy
2.12 Subscribers shall notify all persons who receive Network-access of the provisions of this Acceptable Use Policy, and shall inform them that the terms of the Acceptable Use Policy are binding upon them. Remedial Action
2.13 Subscribers shall notify ACenterA if and when they learn of any security breaches regarding the Network, and shall aid in any investigation or legal action that is taken by authorities and/or ACenterA to cure the security breach. Remedies for Violations
2.14 ACenterA may take any appropriate actions immediately and without notice to remedy violations of this Acceptable Use Policy or any violations of law. Service Suspension or Termination
2.15 ACenterA shall have the right to suspend or terminate any Subscriber’s account without refund, and without notice to such Subscriber, in the event that such Subscriber violates any provisions of ACenterA’s Acceptable Use Policy as long as ACenterA deems it appropriate in its sole and absolute discretion. ACenterA may provide prior notice of the intent to suspend or terminate service if such notice will not, in ACenterA's discretion, run counter to the intents and purposes of ACenterA’s Acceptable Use Policy. Misuse of System Resources
2.16 ACenterA reserves the right to terminate services in the event Subscribers misuse system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
2.17 ACenterA cannot be taken responsible in the event of a malfunction that could lead to over provision resources on the cloud api provider that you have added in the portal, or jira plugin. We have taken many precaution to ensure this would never happen, but software failure is inevitable. You should ensure to have proper limits configured if available or to implement proper monitoring to limit any extra unwanted cloud costs. In the event that the software is looping and over provisioning, you agree that you will first disable any API Key at your cloud provider. This ensure that you have 100% controls to stop the cloud costs increase. Afterwards, you would notify us of the issue at firstname.lastname@example.org and we will guide you to fixing the problem and potentially release a future bug fix.
3. Master Service Agreement
Billing and Term
3.1 The term of this Agreement shall be monthly, to commence on the date that the Subscriber signs up electronically for ACenterA’s service by creating an account with an email address. All invoices are denominated, and Subscriber must pay, in U.S. Dollars. Subscribers are typically billed monthly on or about the 1st day of each month, with payment due no later than ten (10) days past the invoice date. On rare occasions, a Subscriber may be billed an amount up to the Subscriber's current balance in an effort to verify the authenticity of the Subscriber's account information. This process ensures that Subscribers without a payment history are not subjected to additional scrutiny. Subscribers are entirely responsible for the payment of all taxes. For specific pricing policies, please refer to the appropriate product page.
Acceptable Payment Methods
3.2 ACenterA accepts major credit cards, debit cards, and Paypal payments. Subscribers who choose to pay with Paypal will be strictly limited to a single ACenterA account per Paypal account. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment may be arranged by contacting ACenterA at email@example.com. Arrearages
3.3 Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, ACenterA may suspend service to such account and bring legal action to collect the full amount due, including any attorneys’ fees and costs. Suspension for Nonpayment
3.4 If a Subscriber is past due on their balance, ACenterA may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Servers will be temporarily powered off during the suspension period. ACenterA reserves the right to delete the Subscriber's suspended machines and all of its data / backups after the final termination notice. Subscriber Duties
3.6 PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS ACENTERA’S LIABILITY TO YOU. THIS PROVISION SHALL ONLY APPLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS. ACENTERA DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING HARDWARE, SOFTWARE, OR SERVICES, NOR THE STATEMENT OR CONDUCT OF ANY AGENT OF ACENTERA, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER. SUBSCRIBER ACKNOWLEDGES THAT HE OR SHE HAS RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST ACENTERA ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SOFTWARE, OR ANY CONDUCT OF ACENTERA’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. ACENTERA SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO A SUBSCRIBER OR ANY THIRD PARTY IN ANY AMOUNT, OR FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPUTATIONAL HARM OR THE LOSS OF USE OF ANY DATA OR INFORMATION, EVEN IF ACENTERA HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NO DISCLOSURE BY ACENTERA’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, SHALL BE MADE A CAUSE OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ACENTERA’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE, EXCEED THE AMOUNT OF ONE (1) MONTH OF SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ACENTERA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, ACENTERA’S SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE WEBSITE. Confidentiality
3.7 Subscriber shall keep confidential any Confidential Information to which it is given access, and shall cooperate with ACenterA's efforts to maintain the confidentiality thereof. Subscriber shall not publish to third parties or distribute information or documentation that ACenterA provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
3.8 Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its virtual server (the “Data”). Even with respect to Data as to which Subscriber contracts for backup services provided by ACenterA, ACenterA shall have no responsibility to preserve Data, the service is provided “AS IS”, without warranties of any kind. ACenterA shall have no liability for any Data that may be lost, or unrecoverable, by reason of Subscriber’s failure to backup its Data.
3.9 Subscriber shall comply with all applicable export and import control laws and regulations in its use of ACenterA’s services, and, in particular, Subscriber shall not utilize ACenterA’s services to export or re-export Data or software without all required United States and foreign government licenses. Subscriber assumes full legal responsibility for any access and use of ACenterA’s services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license. Should such a license be required, it shall be Subscriber's responsibility to obtain the same, at Subscriber’s sole cost and expense, and in the event of any breach of this duty resulting in legal claims against ACenterA, Subscriber shall defend, indemnify and hold ACenterA harmless from all claims and damages arising therefrom.
3.10 Subscriber shall defend, indemnify and hold harmless ACenterA, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and its officers, directors, employees, agents and representatives from any and all claims or causes of action, demands and damages (actual or consequential) of every kind and nature, known and unknown, including attorneys’ fees arising out of or in connection with Subscriber’s access to and use of ACenterA’s services, any breach of Subscriber’s representations and warranties set forth herein in the Terms of Service, or Subscriber’s violation of any law or rights of a third party.
3.11 ACenterA reserves the right, in its sole discretion, to immediately limit or terminate Your access to or use of ACenterA’s services and its Website at any time without prior notice. In the event ACenterA terminates Subscriber’s access to ACenterA’s services or Website as a result of a Subscriber's breach of any of the terms contained herein, any amounts owed to ACenterA before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as ACenterA’s costs for collection (including attorneys’ fees) of any such charges or other liabilities, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If ACenterA determines, in ACenterA’s sole and absolute discretion, that Subscriber's failure to abide by these Terms of Service may give rise to unlawful consequences or cause any risk of damage to ACenterA, other Subscribers, or third parties, ACenterA may terminate this Agreement on less than thirty (30) days notice. Termination of Your access or use will not waive or affect any other right or relief to which ACenterA may be entitled, at law or in equity. ACenterA reserves all rights not expressly granted in these Terms of Service.
3.12 ACenterA shall have the right to suspend or terminate any services provided to You immediately upon receipt of any lawfully issued notice from a court having jurisdiction over ACenterA, alleging the use of the services to accomplish violations of law, pending the resolution of the relevant court proceeding. When subjected to lawful process requiring disclosure, ACenterA may disclose the Subscriber's identity and contact information, and ACenterA shall not be liable for damages or results thereof, and Subscriber agrees not to bring any action or claim against ACenterA for such disclosure.
3.13 All terms of this Agreement, which by their nature are intended to survive termination of this Agreement, shall so survive.
3.14 Neither You nor ACenterA shall be liable for nonperformance of the terms herein to the extent that either You or ACenterA are prevented from performing as a result of any act or event which occurs and is beyond Your or ACenterA’s reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy effects of such force majeure.
Choice of Law, Venue, Consent to Email Service and Waiver of Hague Convention Service Formalities
3.15 Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of Quebec, without regard to principles of conflict of laws. Subscriber consents to the jurisdiction of Quebec. Subscriber consents to service of process via email at the email address(es) provided when by Subscriber, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
Integration, Waiver, Severability and Miscellaneous Provisions
3.16 This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to ACenterA's services.. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically. Dispute Resolution
3.17 Mindful of the high cost of litigation, each of You and ACenterA agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to: (i) the Website; (ii) this Agreement; (iii) any service provided by ACenterA; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between You and ACenterA ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) if to ACenterA Inc. at: 285 Lalemant, Longueuil, Quebec, Canada, J4G 1V2 or (2) if to You at: your last-used billing address or the billing and/or shipping address in your online profile. Each of You and ACenterA agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any Arbitration or filing any claim against the other party. Mandatory Arbitration Agreement and Class Action Waiver
3.18 Each of You and ACenterA agree that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of this Agreement or the alleged breach of this Agreement, shall, upon timely written request of either party, be submitted to binding arbitration. The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based only on written submissions. The arbitration shall be conducted in the city in which the Subscriber is billed. The arbitration shall proceed in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA") in effect at the time the claim or dispute arose. The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service who is selected pursuant to the applicable rules of the AAA. The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either of You or ACenterA may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. ACenterA will pay the fee for the arbitrator and your filing fee, to the extent that it is more than a court filing fee. ACenterA agrees that it will not seek reimbursement of its fees and expenses if the arbitrator rules in its favor. You and ACenterA waive any right to a trial by jury, so that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Furthermore, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
3.19 Disclaimer. USER HEREBY EXPRESSLY AGREES AND ACKNOWLEDGES THAT THE SERVICES, PLUGINS (INCLUDING ANY MODIFICATIONS OR IMPROVEMENTS THERETO) MAY CONTAIN BUGS, ERRORS OR DEFECTS. ACCORDINGLY, ACENTERA IS PROVIDING THE SERVICES TO USER “AS IS”. ACENTERA AND ITS SUPPLIERS/LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, IN RESPECT OF THE SERVICES, INCLUDING WITHOUT LIMITATION, STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 3.20 Limitation of Liability. IN NO EVENT WILL ACENTERA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER, INCLUDING ANY INDIRECT, INCIDENTAL, ORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF RELATING TO THIS AGREEMENT OR CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE SERVICES, EVEN IF ACENTERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY. IN ANY EVENT, ACENTERA AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND LICENSORS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, IF ANY. USER EXPRESSLY AGREES THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET OUT IN THIS SECTION 8 ARE FAIR AND REASONABLE IN THE COMMERCIAL CIRCUMSTANCES OF THIS AGREEMENT AND THAT ACENTERA WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE INCLUSION OF SUCH LIMITATIONS AND EXCLUSIONS.
Personal Data Collected
4.1 ACenterA collects and stores personal information including the full name, company name, billing address, email address, IP address, landing page, referring URL for all Subscribers upon registration and use of our service. Additionally, ACenterA stores cookies for visitors to the Website in order to identify them for relevant advertising through third party websites, also known as retargeting. ACenterA also gathers anonymous usage information from our visitors via cookies for usage with Google Analytics. If you have any questions regarding the data that is collected and or stored please contact ACenterA via email at firstname.lastname@example.org or via mail to our address listed below. Security of Personal Data
4.2 ACenterA is committed to protecting the security of Subscriber's collected Personal Data. To do so we employ a variety of industry-standard security technologies and measures to help protect your data from unauthorized access, use, or disclosure which include but are not limited to encrypting any transmission of said information using secure socket layer (SSL), passing of credit card information directly to our Payment Card Industry Data Security Standard (PCI) compliant Merchant Processor, encryption of any collected credit card information, encryption of passwords and other authentication mechanisms such as Application Programming Interface (API) keys, and restricting access to encrypted information to support personnel at ACenterA. ACenterA requires but does not limit that Subscribers enter in a password to access their account information and request that Subscribers use a password composed of different characters and of a large length to strengthen security and that they do not disclose this information to others via electronic formats or otherwise. Please note that ACenterA cannot fully eliminate security risks associated with the collection of said data and that mistakes and security breaches may occur, Contact ACenterA if you have any questions regarding the security of the Website, application, or otherwise. Third Party Disclosure of Personal Data
4.3 ACenterA does not disclose any Personal Data to any third party companies for purposes of partnerships or advertising.
4.4 ACenterA may disclose Personal Data to comply with relevant laws and legal governing bodies of any country in which we do business, or where a Subscriber may reside in order to remain compliant with United States and International Laws, whereby mandated by state and or federal agencies for the purposes of criminal investigations or by court order.
4.5 ACenterA for the purposes of billing does disclose personal information such as name, billing address, IP address, and credit card information to third party merchants for processing payments. Publicity
4.6 Subscriber is permitted to state publicly that it is a Subscriber of ACenterA's services. Subscriber agrees that ACenterA may include Subscriber's name and trademarks in a list of ACenterA Subscribers, online or in promotional materials. Subscriber also agrees that ACenterA may verbally reference Subscriber as a Subscriber of the ACenterA products or services that are the subject of this Agreement. Subscriber may opt out of this section 4.6 by E-mailing a request to email@example.com. Access to Personal Data
4.7 ACenterA Subscribers have access to their personal data including full name, company name, email address, and credit card information. Subscribers shall have the ability to delete data related to their full name, company name, and identifiable billing information, which deleted data will no longer be stored in ACenterA’s databases, with the exception of: email address, network logs, cases where fraudulent or otherwise illegal activity has been deemed to have occurred as determined by law enforcement or ACenterA, in which case the information may remain in ACenterA’s database indefinitely in order to help facilitate the prevention of repeated abuse in the future from the offending party.
4.8 To have your email permanently removed please email ACenterA at firstname.lastname@example.org.
4.9 ACenterA does not have access to Subscriber's server data. The backend is locked away from Subscriber's support staff and only engineering staff may gain access to the Subscriber's virtual machines reside. ACenterA does not store either Subscriber's passwords nor private SSH keys nor does ACenterA request Subscriber login information to their servers. ACenterA does not review or audit any Subscriber data. Advertising
4.10 ACenterA partners with third party advertising networks to display advertisements targeted to visitors of the Website. To do so ACenterA stores a cookie for visitors for the purpose of displaying advertising also commonly known as retargeting. The data that is stored and collected is non-identifiable and anonymous.
4.11 ACenterA will send occasional promotional materials through email and Subscribers have the option to opt-out of these emails by either responding directly inside of the email itself or through updating their preferences in ACenterA’s control panel. Opt Out
4.13 ACenterA may disclose appropriate Subscriber information in order to comply with requests by law enforcement or other government agencies when criminal conduct has been alleged. Otherwise ACenterA does not monitor its Subscriber's servers or data and it is their responsibility to remain compliant within the laws of their own territories as well as the territories from which ACenterA operates. Contact
• ACenterA Inc. Attn: Privacy
• 285, Lalemant, Longueuil, Qc
• CA, J4G 1V2
5.1 Accuracy of data — we are unable to ensure continuous availability of data other information displayed by the Service and/or the Website. Due to the nature of operation of our systems and of technical difficulties with the internet, internet software or transmission problems, inaccurate or incomplete data may be presented on the Service and/or the Website. Consequently, we are unable to make any representation as to the accuracy of data and other information displayed in any format by the Service and/or the Website. We attempt to provide accurate information on the Website although we assume no responsibility for the accuracy of any information displayed, which may contain technical or other inaccuracies, omissions or errors. We may change, amend or update data displayed at any time without notice.
5.2 Exploitation of the Service — a user may not exploit any portion of the Service. Such exploitation includes but is not limited to: reverse engineer, decompile or disassemble any of the software used to provide the Service and/or the Website; reproduce, duplicate or copy or exploit any portion of the Service and/or the Website; or disobey any requirements, procedures, policies or regulations of networks connected to the Service and/or the Website; obtain, collect, store or modify the personal information about other user; upload, post email or transmit information or materials, unsolicited or unauthorised marketing or promotional materials; undertake any actions which result in the interruption of the Service to you or any other user.
5.3 Malfunction - In the event of a malfunction of the software ACenterA Inc. cannot be taken responsible. You agree that you would notice ACenterA Inc, via email if you face any issues. ACenterA Inc, will then try to remediate the issue. You agree that you have control on the various Cloud API's that you inject/create into the software. Since you have all the required access to disable them in the event of a failure or unwanted costs generated by the software, you agree that you would use proper tools to monitor your various cloud costs. Once you detect extra costs, you would take proper actions to disable the cloud api's until resolution of the software failure. We ensure that we have taken all steps to prevent this of occuring, but software failure is inevitable.
5.4 Unavailability - In the event of the unavailability of the system ACenterA Inc. cannot be taken responsible. You agree that you have all in your controls in order to resolve the issue. You agree that you will notice ACenterA Inc. support. We ensure that we have taken all steps to prevent this of occuring, but software failure is inevitable.