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Terms of Service

These terms of service (the “Terms”) govern End User (“you”, “your”, “user”) access to and use of activatesoftware.com (the “Website”, “Services”, “the Service”). Activate Software LLC (“we”, “us”, “our”, or “Activate”) and its affiliates and subsidiaries reserve the right to review and revise these Terms of Service from time to time without notice and, by using this site subsequent to any revision of its Terms, you agree to be bound by such changes.

We therefore kindly ask you to carefully read these Terms when visiting the Website and before you use Activate services. These Terms should be read together with our Privacy Policy and Cookie Policy.

These Terms constitute a binding legal agreement between you and Activate. By visiting the website, registering for, installing and/or using Activate services on any platform or device you agree to be bound by these Terms. It is only under these Terms that Activate allows visitors/users (the “users”) to use the Services. If you do not agree to these Terms or any provisions hereof, please do not use any of our products or services. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.

No Representations or Warranties

Reasonable efforts are taken to improve the accuracy and integrity of the Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Services, or any functionality comprising a part of the Services at any time without notice. In no event will we be liable for making these changes.

As a user, you may be provided with limited service by Us. We do not warrant, and will not have any liability or responsibility for your use of the Services or other products or Services we provide. We may also impose limits on the use of or access to the Services, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, OTHER SERVICES AND WEBSITES) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

Our products and/or services are not fault-tolerant and are not designed or intended for high-risk activities requiring fail-safe performance. You expressly agree and acknowledge that you will not use any of the Services in a way requiring continuous, error-free or failsafe operation (including, without limitation, in applications involving nuclear power plants, military applications, aircraft navigational and communications systems, or in medical or other applications essential to maintaining human lives).

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, failures of your telecommunication or internet service providers, force majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

Users of the Services should not rely upon opinions expressed at this Website when making business, financial, personal or other decisions. Furthermore, we do not endorse the opinions of third parties expressed on this Website or on linked Websites.

Specification Warranty

The Services provided under these “Terms” shall perform in accordance with the specifications provided by Us. You acknowledge and agree that certain features may occasionally be added or removed in accordance with operating systems’ changes, requirements, and limitations, and Activate may or may not notify you upon decision to apply such changes. Activate shall make commercially reasonable efforts to ensure each feature’s compatibility with future versions of each operating system and browser.

Privacy Policy

The information that We obtain through your use of the Services, is subject to our Privacy Policy. That privacy policy contains terms and conditions that govern our collection and use of the information you provide and our respective rights relative to that information. Please review our Privacy Policy before you use the Services. Your use of the Service indicates an agreement to our Privacy Policy.

Payments

The Services may be subscribed to on a service period basis. You choose the service period and the payment method yourself when you sign up for the Services. Activate’s apps for any platform or operating system supported by Activate can be downloaded free of charge. Users will have to purchase a paid subscription to connect to activate the Service, except in the case of a limited free trial or certain coupon offers. Your service will automatically be renewed and your chosen payment method will be charged at the end of each service period, repeating the length of the previous service period, unless you decide to cancel your subscription for the Services.

Refund Policy

If you wish to claim a refund, you can do so within 30 days following your purchase of the Services. We seek your full satisfaction with Our Services. However, We would like to troubleshoot any issues you experience first. There are common service configuration issues that may hinder the Service for you and We can resolve most user issues encountered.

Payments made using prepaid cards or gift cards can not be refunded. Activate cannot refund any purchases made from our resellers (Amazon, BestBuy, StackSocial, etc.). In this case, refunds are handled according to the terms of service of the reseller from which the product was purchased. You have a right to cancel your account at any time.

Canceled accounts will not be refunded for the unused part of the ongoing service period. We reserve the right to suspend or refuse service to anyone at any time for any reason. No refunds will be considered for accounts terminated for violation of these Terms.

User Conduct

The Services are made available for your personal, non-commercial use only.

Your access to and use of the Services are subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to terminate the accounts of, and/or block access to the Services to any users who infringe upon any applicable laws or these Terms. While using the Services you yourself agree not to, and agree not to assist, encourage, or enable others to use the Services:

  • to violate any applicable law, regulation or rule;
  • to interfere with or attempt to interfere with the proper working of Activate’s Services, any transactions being offered in connection with the Services or any other activities conducted by us, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
  • to exploit the Services in any unauthorized way whatsoever, including, but not limited to, by trespassing or burdening network capacity;
  • to use any robot, spider, scraper, or other automated means to access our website or the Services for any purpose without our prior written permission;
  • to collect or harvest personal information about other users of the Services;
  • to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
  • to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
  • to share any data or other content with any unreasonably large number of persons, including, without limitation, sending blast communications to a large number of recipients, or sharing content with persons you do not know or who do not know you;
  • to represent that you are the representative or agent of any the
  • Services, including any of its functionality;
    • to incorporate the Services or any portion thereof into any other program or product;
  • to copy or reproduce, in any form or by any means, any part of the Services;
  • to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Service or any portion thereof;
  • to violate general ethic or moral norms, good customs and fair conduct norms;
  • to violate any third-party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
  • to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • to attempt to manipulate the Activate name, Services or products;
  • to solicit or harvest personal information from or communicate with minors;
  • attempt to gain unauthorized access to the Services, user accounts, computer systems or networks connected to the Services through hacking, password mining, brute force or any other means;
  • to use the Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
  • to otherwise infringe or circumvent these Terms.

We reserve the right to refuse service, suspend accounts or limit access to the services at our sole discretion. Such suspension or access limitation may be implemented by Us instantly and without any indication, notice or refund. We may suspend your account for clarification, investigation or request You to explain your actions and provide additional information. If Your account has been suspended, You must contact Us for further information. We may suspend Your user account or license for a reasonable period of time before we terminate a access permanently. We are under no obligation to enforce the Terms against You. We encourage you to let us know about the violation of these Terms by any end users; however, in case of such violations we may take appropriate action at our sole discretion.

Confidentiality

Your confidential use of this site cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site.

Security

You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to Us.

Limitation of Liability

There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the internet, and we urge you to make sure you understand these risks before using the Services.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER ACTIVATE NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE THE LIABILITY OF ACTIVATE SHALL NOT EXCEED WHAT THE CLIENT PAID TO ACTIVATE, AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.

Ownership

We own all right, title and interest in and to the websites, the products and services offered on the websites as well as our logos, trade names, and trademarks. All other rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in the Services and all names, terms, logos, slogans, images and other indicia identifying Our products or services are proprietary marks belonging to Us. The names of companies and products not owned by Us and mentioned herein may be the trademarks of their respective owners. Any use of the copyrighted contents or the trademarks belonging to Us without the express written permission of Us is strictly prohibited.

License

Nothing contained in the Services shall be construed as conferring any license or right, expressly, by implication, or otherwise, under any of our intellectual property rights, or under any third party’s intellectual property rights, and no part of the Services may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.

Claims of Copyright Infringement

We respect the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on the Services infringe on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access.

Notifications of claimed copyright infringement should be sent to Activate’s Designated Agent. To be effective, the notification must be in writing and include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit InfoSpace to locate the material;
  4. Your address, telephone number, and, if available, your e–mail address;
  5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  7. Send the written communication to our Designated Agent using the Contact Us form.

Indemnification

YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS ACTIVATE, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS AND LICENSEES, FROM AND AGAINST ANY JUDGMENTS, LOSSES, DEFICIENCIES, DAMAGES, LIABILITIES, COSTS, CLAIMS, DEMANDS, SUITS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, EXPERT WITNESS FEES AND EXPENSES) INCURRED IN, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THESE TERMS, YOUR USE OF THE SERVICES, OR ANY OF YOUR OTHER ACTS OR OMISSIONS.

International Use

The Services are not geographically limited; however, we make no representations or warranties that the Services are appropriate for use or access in your location and jurisdiction. You access and use Our Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

Third Party Sites

We may link to or be linked from other websites that are not maintained by, or related to, Activate. We do not endorse, and are not responsible for, the content of any of those third-party websites. You acknowledge that Activate has not reviewed and does not endorse the content of all sites linked to from this website and is not responsible for the content or actions of any other sites linked to from this website. We do not promise that the contents of any linked sites are accurate, compliant with local, state, provincial or federal law, including any intellectual property laws. Your use of any linked site is at your own responsibility and you assume all responsibilities and consequences resulting from such reliance.

General

These Terms incorporate by reference any notices contained on the Services and may not constitute the entire agreement with respect to your access to and use of the Services. We may modify these Terms of Service at any time by posting revised Terms of Service on our Website and your continuing use of such Website and the Services constitutes your agreement to be bound by such modified Terms of Service.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer your rights or obligations under these Terms to any third-party.

These Terms and your use of Activate services are governed by the laws of the Ontario, Canada, or the Republic of the Seychelles, at Our discretion, without regard to either jurisdiction’s choice of law provisions. You agree that Our chosen jurisdiction will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the Services.

By placing your monthly recurring order of Activate Privacy - you will be charged up to $34.95 now and every 30 days thereafter until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction.

If you have questions or concerns regarding these Terms please contact us.