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Hextom Inc. PRIVACY POLICY STATEMENT
Protecting your privacy is important to us. We hope the following statement will help you
understand how Hextom Inc. collects, uses and safeguards the personal information you
provide to us.
Information we collect: data retrieved from Shopify API calls. It varies from app to app
based on the function and nature of the app. It may include store information, product
information, customer information and order information
We use this information: to facilitate the functionality of our apps; to help you manage
product data; to help track the performance of our apps; to enable us to contact you and
provide technical support; to administer your account;
to send you confirmations and email notices of any proposed changes to our policies; to
inform you about service updates and changes, new services and related information; and to
perform research aimed at improving or broadening our range of services.
Identifiable data, which could be
used to disclose who you are or who your customers are, is never shared with any third
party, except as required by a competent legal authority. We don't use cookies to collect
information from visitors of your website. The information we collect from you is processed
and stored on dedicated,
secure servers, contracted by us from our service providers. These servers are located in
Canada and the United States. Your information is initially collected by us and transmitted,
over the internet, to those servers. There is no absolute security in transmission over the
internet or electronic data storage. We use generally accepted industry standards and
reasonable processes to ensure your data is secure and in accordance with our Privacy
Policy as outlined here. However, we do not and cannot guarantee security of information
collected electronically or transmitted. As a result, you are submitting information to us
at your own risk.
Contacting us: We hope you won't hesitate to ask questions, or make comments or requests
about our Privacy Policy, our End User License Agreement, or our services. Please contact
us by email at: help@hextom.com
By using Hextom apps, I acknowledge that: I have read, and I understand, the Hextom Privacy
Policy, as well as the Hextom End User License Agreement, and I agree that use of the Hextom
Application is subject to the terms of this Privacy Policy and the End User License
Agreement.
Hextom Inc. END USER LICENSE AGREEMENT
This end user license agreement (Agreement), together with the Hextom Privacy Policy
Statement, is a legal agreement between you and Hextom Inc. (the Developer) stating the
terms and conditions (Terms of Service) that govern your use of the Hextom Application on
your browser. Please read this agreement and the Privacy Policy Statement carefully. By
downloading, installing and/or using the Application, you are indicating that you agree to
be bound by and comply with the terms and conditions set forth in this agreement. If you do
not agree to these terms and conditions, do not purchase, download, install and/or use the
Application.
This Application is available only to individuals aged 13 years or older. If you are 13 or
older but under the age of 18, you should review these terms and conditions with your parent
or guardian to make sure that you and your parent or guardian understand these terms and
conditions. You affirm that you are over the age of 13, and acknowledge that the Application
is not available for children under 13 without the formally documented consent of their
parent(s). If you are under 13 years of age, then you may not use the Application without
your parents' consent.
Developer may enable access to content, information and services (including external
and/or online) through the Application (collectively and individually, the Services), and
as a condition of your use of the Services, you agree to be bound by and comply with
Developer's Terms of Service and Privacy Policy as communicated by Developer at such time,
each of which shall become incorporated herein by reference. You agree that the Privacy
Policy and Terms of Service may be updated from time to time, without prior notice, and any
such changes shall be effective as soon as posted. If applicable, you should also refer back
to the Terms of Service and Privacy Policy on a regular basis so that you remain aware of
the most current terms and conditions that apply to you.
1. LICENSE GRANT. Subject to the terms and conditions of this Agreement, Developer hereby
grants to you a limited, non-transferable, non-sublicensable, non-assignable and revocable
license (License) to install and use the Application solely for your own personal use on a
smartphone that you own or control. To avoid any doubt: the Application is licensed, not
sold, to you by Developer pursuant to and subject to the terms and conditions of this
Agreement and any other applicable terms and conditions promulgated by any third party.
Developer reserves all rights not expressly granted to you herein. You acknowledge and agree
that this Agreement is between you and Developer.
2. TERM. This License is effective until terminated. You may terminate this License at any
time by deleting or otherwise destroying the software together with all copies in any form.
This License will also terminate automatically, without notice to you, if you fail to comply
with any term or condition of this License. You agree that Developer also may, at its sole
discretion, temporarily or permanently terminate the License with prior notice to you and/or
terminate the services without prior notice to you. Upon termination, for any reason, you
agree to delete and/or destroy the software together with all copies in any form. Provisions
which, by their nature, should remain in effect beyond termination of this License Agreement
shall survive.
3. THIRD PARTY SERVICES AND WEBSITES. As part of your use of the Software, you may be
provided
with the opportunity to access third party services and web sites (collectively and
individually, "services"). Use of the services may require Internet access and that you
accept
additional terms of use. You acknowledge and agree that while Developer and such third
parties may not currently have set a fixed upper limit on the number of transmissions you
may send or receive through the services or the amount of storage space used for the
provision
of the service, such fixed upper limits may be set by Developer and/or such third parties at
any time, at Developer's and/or such third parties' sole discretion.
The Application software may display, include or make available content, data, information,
applications or materials from third parties or provide links to certain third party web
sites
or information. Developer does not make any warranty, endorsement, sponsorship, or
recommendation
of the third-party, the third-party web site, or the information contained therein.
Developer
is not responsible for the availability of any such web site or liable for the content,
accuracy,
completeness, timeliness, validity, copyright compliance, legality, quality or any other
aspect
of such information thereon. You need to make your own decisions regarding your interactions
or communications with any other web site.
4. RESTRICTIONS. This Agreement does not allow you to use the Application on any smartphone
device that you do not own or control, and you may not distribute or make the Application
available over a network where it could be used by multiple devices at the same time. You
may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not
copy,
decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or
create derivative works of the Application, any updates or upgrades, or any part thereof.
Any attempt to do so is a violation of the rights of Developer, its affiliates and
licensors,
as applicable. The terms and conditions of the Agreement shall govern any upgrades or update
provided by Developer that replace and/or supplement the original Application, unless such
upgrade is accompanied by or references a separate license agreement in which case the terms
of that license agreement shall govern.
5. CONSENT TO USE OF DATA. All data and information collected, used and/or disclosed by
Developer
and its affiliates in connection with your use of the Application and the Services, which
shall
include, without limitation, all technical information about your device, system,
Application
software, peripherals and the use thereof, shall be governed by and subject to the terms and
conditions set forth in the Privacy Policy.
6. PROPRIETARY RIGHTS. Developer, its affiliates and/or their respective licensors own all
right, title and interest in and to the Application, including, without limitation, all
intellectual and proprietary rights appurtenant thereto, and, except for the limited license
granted to you herein, nothing in this Agreement shall be construed to restrict, transfer,
convey, encumber, alter, impair or otherwise adversely affect Developer's, its affiliates’
and/or their respective licensors' ownership or proprietary rights therein or any other of
Developer's, its affiliates' and/or their licensors' information, processes, methodologies,
products, goods, services, or materials, tangible or intangible, in any form and in any
medium.
Ownership of the Application software is protected by copyright and international treaties.
Portions of the software are copyrighted works of Hextom Inc. Except as expressly stated
herein,
no other rights are granted to you by implication, estoppel, or otherwise, under any patent,
copyright, trade secret, trademark, or other intellectual property right. You may not copy
the Application software other than as expressly provided in this License. You may not
reverse
engineer, decompile, disassemble or otherwise attempt to derive the source code for the
software,
or use any part of the software for any use other than that for which it was supplied by
Hextom Inc., unless specifically authorized by Hextom Inc. You may not modify, adapt, alter,
translate, or create derivative works from the software.
7. NO WARRANTY. You expressly acknowledge and agree that use of the Application is at your
sole risk and that the entire risk as to satisfactory quality, performance, accuracy and
effort of the Application is with you. To the maximum extent permitted by applicable law,
the Application and any services performed or provided by or in connection with the
Application are provided "as is" and "as available", with all bugs and faults and without
warranty of any kind, and Developer, its affiliates and licensors hereby disclaim all
warranties and conditions with respect to the Application and any services, either express,
implied or statutory, including, without limitation, any implied warranties and/or
conditions
of merchantability, of satisfactory quality, of fitness for a particular purpose, of
accuracy,
of quiet enjoyment, of title, and of non-infringement of third party rights. Neither
Developer,
nor any of its affiliates or licensors warrants that the functions or services contained in,
accessed from, performed by, displayed on, linked to/from, or provided by, the Application
will meet your requirements, or that the operation of the Application or services will be
uninterrupted or error-free, or that defects in the Application or services will be
corrected.
No oral or written information or advice given by Developer, its affiliates or any of their
respective authorized representatives shall create a warranty. Should the Application or
services prove defective, you assume the entire cost of all necessary servicing, repair or
correction. Some jurisdictions do not allow the exclusion of implied warranties or
limitations
on applicable statutory rights of a consumer, so the above exclusion and limitations may
not apply to you.
8. LIMITATION OF LIABILITY. To the extent not prohibited by law, in no event shall Developer
or its affiliates, suppliers, channel partners and associated service providers be liable
for
any loss or damage of any kind, whether direct, indirect, incidental, special, exemplary or
consequential, including, without limitation, damages for loss of profits, loss of data,
data charges, business interruption or any other commercial damages or losses, arising out
of or related to your use or inability to use the Application, however caused, regardless
of the theory of liability (contract, tort or otherwise) and even if Developer or its
affiliates have been advised of the possibility of such damages. In no event shall
Developer's
liability exceed the price paid for the Application by the user. Developer or its affiliates
shall not be liable should (i) the Application or any Update be removed and/or unavailable
from the App Store or Google Play for any reason, (ii) the Application cease to function as
a result of any modifications or updates to the operating system, changes to the
3rd party API. In any case, the entire liability of the
parties
shall be limited to the amount actually paid by you to download, copy or use the
application.
Some jurisdictions (e.g. countries, states and provinces) do not allow the limitation or
exclusion of liability for incidental or consequential damages, or have legislation that
restricts the limitation or exclusion of liability, so the above limitation may not apply
to you.
9. INDEMNIFICATION. You agree to indemnify, defend, and hold Developer, its affiliates and
their respective successors and assigns, officers, directors, employees, agents, licensors,
representatives, advertisers, service providers, and suppliers harmless against any and all
claims, demands, actions, losses, damages, costs and expenses (including reasonable
attorneys'
fees), arising out of or relating to your (a) breach or violation of this Agreement, (b)
infringement, misappropriation or any violation of the rights of any other party, (c)
violation or non-compliance with any applicable law, rule or regulation, and (d) use,
alteration or export of the Application (or any component thereof) in violation of this
Agreement.
10. INTERNET ACCESS CHARGES. Certain Application functions and Services require data access,
and the provider of data access for your device may charge you data access fees in
connection
with your use of the Application. You are solely responsible for any data access or other
charges you incur.
11. CONTINUED USE OR AVAILABILITY. Developer and its affiliates reserve the right to modify,
update, supplement, limit, discontinue, remove or disable access to the Application and/or
any Services without notice to you, and neither Developer, its affiliates nor any of their
respective licensors shall be liable to you or any third party should it exercise
such rights.
12. UPDATES AND UPGRADES. You are only granted the right to the version of the Application
as provided when purchased and solely incorporating the features and functionality provided
with such version. You are not granted any rights to any updates, upgrades, future versions,
modifications, supplements, and/or additional features and components (including any online
or external functionality or Services) of the Application that may subsequently be made
available by Developer with the Application or for use with the Application (collectively
the Updates). From time to time, Developer may make available Updates to the Application
via software download or other means. Such download may occur automatically without the
need for any act on your part, or it may require you to manually download an update or
upgrade through the same source from which the Application was originally downloaded.
Certain functions of the Application may be modified or discontinued as a result of any
such update or upgrade, or may not be available if you have not downloaded all Updates made
available by Developer or otherwise. Developer may, in its sole and absolute discretion,
provide you free of charge with Updates to the Application but reserves itself the right
to charge additional sums for such Updates, the amount of which shall be determined by
Developer in its sole and absolute discretion. Developer does not warrant, represent nor
undertake to provide Updates and in no event shall Developer incur any liability for a
failure to do so. Developer may, in its sole and absolute discretion, by means of Updates
or otherwise, offer Services as a complement to the Application and reserves to itself the
right to charge additional sums for same, including a monthly or yearly fee or a fee based
on usage.
13. CHANGES TO THE AGREEMENT. Developer may make changes to this Agreement, at any time and
from time to time, by notifying you of the change, including, without limitation, by
including notice on the Services or by other electronic means, and a new copy of this
Agreement shall be made available on the Services. By using the Application and/or any
Services after such changes are made to the Agreement, you signify that you agree to be
bound by and comply with such changes and Developer shall treat your use as acceptance of
the changed provisions.
14. GOVERNING LAW AND INTERPRETATION. To the extent not prohibited by law, you agree (a)
that this Agreement and all disputes, claims, actions, suits or other proceedings arising
hereunder shall be governed by, and construed in accordance with, the substantive law of
the province of Ontario, Canada including the laws of Canada applicable therein (b) to
irrevocably submit to the sole and exclusive jurisdiction of the courts of province of
Ontario, situated in the City of Toronto, Ontario and (c) to irrevocably consent to the
exercise of personal jurisdiction by such courts and waive any right to plead, claim or
allege that the City of Toronto, Ontario is an inconvenient forum. No failure or delay by
Developer, its affiliates or licensors to exercise any right or enforce any obligation shall
impair or be construed as a waiver or ongoing waiver of that or any or other right or power.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, the
remaining provisions of this Agreement shall be unimpaired and remain in full force and
effect. You may not assign your rights under this Agreement without Developer's prior
written
permission and any attempt by you to do so shall be void. Any provision of this Agreement
which
by its nature must survive the termination of this Agreement in order to give effect to its
meaning shall survive such termination. This Agreement shall not be governed by the United
Nations Convention on Contracts for the International Sale of Goods, the application of
which
is expressly excluded. Your use of the Application may also be subject to other local,
state,
provincial, national or international laws and use of the Application may be prohibited by
law in some jurisdictions. By using the Application you certify that the laws of the
jurisdiction in which you are using the Application permit the use of it.
15. EXPORT LAW ASSURANCES. You may not use or otherwise export or re-export the Application
software except as authorized by laws of the jurisdiction in which the software was
obtained.
In particular, but without limitation, the software may not be exported or re-exported (a)
into (or to a national or resident of) any embargoed countries, or (b) to anyone on a list
of persons designated by the competent authorities of the jurisdiction in which the software
was obtained as being persons to whom software should not be provided. By using the
Application's software, you represent and warrant that you are not located in, under control
of, or a national or resident of any such country or on any such list.
16. U.S. FEDERAL ACQUISITIONS. This Section 16 applies to all acquisitions of the
Application
software by or for the U.S. federal government, or by any prime contractor or subcontractor
(at any tier) under any contract, grant, cooperative agreement or other activity with the
federal government. The software is a "commercial item" as that term is defined in 48 C.F.R.
2.101 (October, 2004) consisting of "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 227.7202-1, 227.7202-3,
227.7202-4
(October, 2004). If you are in the U.S. Government or any agency or department thereof, the
Software is licensed (a) only as a commercial item and (b) with only those rights as are
granted hereunder. Unpublished-rights are reserved under the copyright laws of the United
States.
17. EUROPEAN COMMUNITY PROVISIONS. If you obtained this Software within a country of the
European Community, nothing in this License shall be construed as restricting any rights
available under the European Community Software Directive (91/250/EEC).
18. USER OUTSIDE CANADA AND THE U.S. If you are using the Software outside the Canada and
the U.S., then the provisions of this Section shall apply: (i) Les parties confirment que
le prèsent Accord et toute la documentation connexe est et sera en langue anglaise.
(translation: "The parties confirm that this Agreement and all related documentation is and
will be in the English language."); (ii) you are responsible for complying with any local
laws in your jurisdiction which might impact your right to import, export or use the
Software,
and you represent that you have complied with any regulations or registration procedures
required by applicable law to make this license enforceable; and (iii) if the laws
applicable
to your use of the Application would prohibit the enforceability of this Agreement, or
impose
any additional burdens on Developer, or confer any rights to you that are materially
different
from the terms and conditions of this Agreement, then you are not authorized to use the
Software and you agree to remove it from your device.
19. "Hextom" is a trademark of Hextom Inc. and is not to be used without proper
acknowledgement. All other trademarks appearing through the use of the services or the
Application or the associated websites are the property of their respective owners.
20. You acknowledge that you have read this Agreement and the Privacy Policy Statement, that
you understand it, that you agree to be bound by its terms, and that the foregoing and the
Privacy Policy Statement are the complete and exclusive statement of the Agreement and the
Privacy Policy, covering everything agreed upon or understood in connection with the subject
matter of this transaction and supersedes all prior or contemporaneous agreements or
understandings, whether oral or written. There are no oral promises, conditions,
representations, understandings, interpretations, or terms of any nature or kind, statutory
or otherwise, as conditions or inducements to enter into this Agreement or in effect between
Developer and you upon which you are relying relating to this Agreement or otherwise. A copy
of this Agreement and the Privacy Policy Statement may be found at the website:
www.Hextom.com.
21. CONTACT INFORMATION. You may contact Developer at:
Hextom Inc.
702-5255 Yonge St.
North York ON, M2N 6P4
help@hextom.com