Terms of Service

As of November 1st, 2017.

The following terms and conditions (“Terms”) govern all use of the imsmart.tech website and all content, services, and products available at or through the website (our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, ImSmart Privacy Policy) and procedures that may be published from time to time by ImSmart (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades. Your agreement is with imsmart.tech and any subsidiary or principal (“ImSmart” or “we”). If any new subsidiary is created or there is a change of ownership, it will be reflected in these Terms. Users (or Developers, collectively “You” or “Users”) have access to enter Javascript code (“Code”) in modules, connectors or triggers. Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by ImSmart, acceptance is expressly limited to these Terms.
  1. General Terms.
  2. Responsibility of Users.
  3. ImSmart has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, ImSmart does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may have content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ImSmart disclaims any responsibility for any harm resulting from the use by users of our Services, or from any downloading by those users of content there posted.
  4. Responsibility of Developers.
  5. If you develop modules or connectors, post material to imsmart.tech, post links on imsmart.tech, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using imsmart.tech, you represent and warrant that your Content and conduct do not violate these Terms. If you delete Content, ImSmart will use reasonable efforts to remove it from imsmart.tech, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, ImSmart has the right (though not the obligation) to, in ImSmart’s sole discretion, (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in ImSmart’s reasonable opinion, violates any ImSmart policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of imsmart.tech to any individual or entity for any reason. ImSmart will have no obligation to provide a refund of any amounts previously paid. When developing an ImSmart connector you may request or require access to other users’ data. You agree to make necessary efforts to protect your connectors’ users’ data and not use this data in a way that goes beyond the intent of ImSmart Services (like, but not limited to, spamming, phishing, etc.).
  6. Code Licensing
  7. By submitting Content or Code to ImSmart, you agree to the following terms:
    1. Grant of Copyright License. Subject to the terms and conditions of this Agreement, each User hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Code of, publicly display, publicly perform, sublicense, and distribute the Code and such Derivative Code in Source or Object form.
    2. Grant of Patent License. Subject to the terms and conditions of this License, each User hereby grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Code, where such license applies only to those patent claims licensable by such User that are necessarily infringed by their contribution(s) alone or by combination of their contribution(s) with the Code to which such contribution(s) was submitted. If you institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Code or a contribution incorporated within the Code constitutes direct or contributory patent infringement, then any patent licenses granted to you under this License for that Code shall terminate as of the date such litigation is filed.
    3. Unless you explicitly state otherwise, any Code intentionally submitted for inclusion in ImSmart by you shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with ImSmart or other Users regarding such Code.
    4. You may reproduce and distribute copies of the Code or Derivative Code thereof in any medium, with or without modifications, and in Source or Object form, provided that you meet the following conditions:
      1. You must give any other recipients of the Code or Derivative Code a copy of this License; and
      2. You must cause any modified files to carry prominent notices stating that You changed the files; and
      3. You must retain, in the Source form of any Derivative Code that you distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Code, excluding those notices that do not pertain to any part of the Derivative Code; and
      4. If the Code includes a "NOTICE" (in text file or any other form) as part of its distribution, then any Derivative Code that you distribute must include a readable copy of the attribution notices contained within such NOTICE, excluding those notices that do not pertain to any part of the Derivative Code, in at least one of the following places: within a NOTICE text distributed as part of the Derivative Code; within the Source form or documentation, if provided along with the Derivative Code; or, within a display generated by the Derivative Code, if and wherever such third-party notices normally appear. The contents of the NOTICE are for informational purposes only and do not modify the License. You may add your own attribution notices within Derivative Code that you distribute, alongside or as an addendum to the NOTICE text from the Code, provided that such additional attribution notices cannot be construed as modifying the License.
    5. You may add your own copyright statement to your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of your modifications, or for any such Derivative Code as a whole, provided your use, reproduction, and distribution of the Code otherwise complies with the conditions stated in this License.
  8. Content Posted on Other Websites.
  9. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which imsmart.tech links, and that link to imsmart.tech. ImSmart does not have any control over those non-imsmart.tech websites, and is not responsible for their contents or their use. By linking to a non-imsmart.tech website, ImSmart does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ImSmart disclaims any responsibility for any harm resulting from your use of non-imsmart.tech websites and webpages.
  10. Third Party Services.
  11. You may enable services, products, software (like ImSmart modules or connectors), or external services developed by a third party or yourself (“Third Party Services”) with your account. If you use any Third Party Services, you understand that: In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
  12. Copyright Infringement and DMCA Policy.
  13. As ImSmart asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by imsmart.tech violates your copyright, you are encouraged to notify ImSmart. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. ImSmart will terminate a user’s access to and use of the website if, under appropriate circumstances, the user is determined to be a repeat infringer of the copyrights or other intellectual property rights of ImSmart or others. In the case of such termination, ImSmart will have no obligation to provide a refund of any amounts previously paid to ImSmart.
  14. Intellectual Property.
  15. This Agreement does not transfer from ImSmart to you any ImSmart or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with ImSmart. ImSmart, imsmart.tech, the imsmart.tech logo, and all other trademarks, service marks, graphics and logos used in connection with imsmart.tech or our Services, are trademarks or registered trademarks of ImSmart or ImSmart’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any ImSmart or third-party trademarks.
  16. Changes.
  17. We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
  18. Termination.
  19. ImSmart may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply close your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  20. Disclaimer of Warranties.
  21. Our Services are provided “as is.” ImSmart and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ImSmart nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through our Services at your own discretion and risk.
  22. Jurisdiction and Applicable Law.
  23. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the province of Québec, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the province and federal courts located in Montréal, Québec, Canada.
  24. Limitation of Liability.
  25. In no event will ImSmart, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ImSmart under this Agreement during the twelve (12) month period prior to the cause of action. ImSmart shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  26. General Representation and Warranty.
  27. You represent and warrant that (i) your use of our Services will be in strict accordance with the ImSmart Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Canada, the United States (where our servers are currently located) or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
  28. Canadian Economic Sanctions.
  29. You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable Canadian Sanctions. Such use is prohibited, and ImSmart reserve the right to terminate accounts or access of those in the event of a breach of this condition.
  30. Indemnification.
  31. You agree to indemnify and hold harmless ImSmart, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
  32. Translation.
  33. These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
  34. Miscellaneous.
  35. This Agreement constitutes the entire agreement between ImSmart and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ImSmart, or by the posting by ImSmart of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ImSmart may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.