Terms of use

General Information

Henceforth, we will address the Terms of use as "Terms/terms." The following provisions are designed to elucidate the ways in which you are permitted to utilize the app “Dataformz”, subsequently denoted as the Platform. It is worth noting that the Platform can be accessed through a variety of devices, including but not restricted to computers, iOS or Android mobile phones, laptops, and other similar devices. Your utilization of the Platform will be governed by the stipulations set forth in these terms.

Legal Agreement

Collectively, these terms will constitute a legally enforceable agreement between you and us. Upon each instance of accessing or utilizing our Platform for any intent, these terms will be deemed as applicable to your actions. It is imperative that you refrain from engaging in any activities on the Platform that could result in a violation of these terms, potentially leading to legal repercussions. If you opt not to be legally obligated by these terms, you must abstain from utilizing the Platform or, if already engaged, discontinue its usage.

Interpretation of Pronouns

The term "You/you" pertains to the user, specifically the individual registered on the Platform. A registered user is characterized by possessing a valid account within the Platform's system. Within these provisions, the term "you" may also be indicated as "your," "yours," or "yourself."

On the other hand, the term "we" signifies Fink Solutions Inc., a Corporation established in the Province of Quebec, Canada, conducting operations under the name "Dataformz" via the Platform. Within the context of these terms, the term "we" might also be denoted as "us" or "our." For the purpose of these terms, both "We" and "You" shall collectively be referred to as the "Parties," while individually they will be recognized as a "Party."

Authorized Representative

Should you be utilizing the Platform on behalf of an entity, which may encompass but is not limited to corporations, partnerships, sole proprietorships, or other forms of organized groups, you assert to us that you hold the requisite authorization from the said entity to engage with the Platform on its behalf. Additionally, you acknowledge your acceptance of the pertinence of these terms on behalf of the entity and recognize your responsibility to bind the entity accordingly.

Navigating the Platform as Minor or Child

In the event that you fall under the classification of a minor or a child, as defined by the regulations of the jurisdiction, country, or territory in which you currently reside or hold domicile, and you are in the process of accessing or are already accessing the Platform, the following detailed provisions pertain to your engagement:

• Parental or Guardian Permission: You hereby acknowledge, agree, and confirm that prior to accessing or making use of the Platform, you have successfully obtained the explicit permission of your parents or legal guardians. This authorization extends to your continued utilization of the Platform throughout your interaction with it.
• Supervised Engagement: Moreover, you understand and consent that your involvement with the Platform, from the moment of access onward, shall be carried out under the direct and constant supervision of your parents or legal guardians. This is a paramount requirement, ensuring that your interactions are conducted responsibly and within the limits set by your guardians.
• Legal Age Restriction: It is essential to understand that only individuals who meet the legal age criteria stipulated by the jurisdiction, country, or territory of their current residence or domicile are entitled to access and use the Platform. The individual must qualify as an individual of legal age, as defined within their specific legal context, to engage with the Platform.
• Liability Acknowledgment: It is important to note that we, the platform operators, shall not be held accountable for verifying your adherence to the aforementioned parental or guardian oversight. We trust in your commitment to adhere to these guidelines as they have been outlined.

Adherence to Legal Standards

It is imperative to acknowledge that we operate as a duly registered entity within our own jurisdiction. However, if you find yourself accessing the Platform from a jurisdiction or country where such usage would constitute a breach of legal regulations or necessitate our adherence to the governing laws of that specific jurisdiction, then the following stipulations apply:

• Platform Usage Constraint: In the event that your engagement with the Platform stands in violation of local laws or necessitates our compliance with the pertinent legal provisions of your jurisdiction, you are expressly prohibited from utilizing the Platform. Alternatively, you must cease your existing usage.
• Voluntary Activity and Liability: Should you choose to continue utilizing the Platform despite the aforementioned constraints arising from your jurisdiction, it is crucial to recognize that you do so entirely at your own volition and responsibility. In such circumstances, any consequences that may ensue from your actions will be your personal liability, and we shall bear no liability for the repercussions arising from your decision.
• It is incumbent upon you to understand and respect the legal boundaries of your jurisdiction and to act in accordance with these limitations when engaging with the Platform. Your decision to proceed with or terminate Platform usage, based on the aforementioned legal considerations, will inherently determine your acceptance of personal accountability for the outcomes stemming from your chosen course of action.

Accuracy of Platform Information

Our commitment extends to providing the most accurate depiction of the features, specifications, and particulars on the Platform. It is essential to note, however, that while we endeavour to ensure accuracy, comprehensiveness, reliability, and currency, we cannot offer an absolute assurance regarding the accuracy, completeness, reliability, or freedom from errors of the Platform's features, specifications, and particulars. Additionally, it's important to acknowledge that the electronic display you view may not necessarily mirror the precise details of the Platform as a whole. Moreover, we retain the prerogative to terminate the availability of the Platform at any given time and for any rationale that we deem fit. This decision is vested in our discretion and may be enacted without prior notice.

Access and Account Creation

To access the array of offerings on our Platform, establishing an account on the Platform is essential. When it comes to creating an account, it is mandatory to supply your name and email address. We kindly urge you to furnish accurate and truthful details while creating your account. Additionally, you retain the flexibility to revise your account particulars. It's important to note that the option to directly delete your account from the Platform isn't available. However, should you desire to delete your account, you have the alternative to inform us via email at support@dataformz.com or the available chat feature on the Platform.

9. Social Media Signup

By opting to register for our Platform using your social media accounts, such as Facebook, Instagram, Twitter, and LinkedIn, you acknowledge and consent to the subsequent terms and conditions:

• When selecting the social media sign-up option, you grant us permission to access and authenticate your account details on the chosen social media platform. This encompasses your profile information, email address, and publicly available profile particulars.
• Please be aware that specific data from your social media profile may be transferred to our Platform as part of this process. This information will be employed to establish and personalize your account on our Platform, enhancing your user experience.
• It is important to note that the information obtained from your social media profile will be handled in strict accordance with our Privacy Policy. We hold a steadfast commitment to preserving your privacy and safeguarding your personal information.
• By opting for social media sign-up, you authorize us to post updates, notifications, or actions relevant to your account on the designated social media platform. These posts might encompass details of your interactions on our Platform, such as likes, comments, or other engagements.
• Should you decide to do so, you retain the ability to disconnect your social media account from our Platform at any point. This can be done either through your account settings or by getting in touch with our customer support team.
• Please bear in mind that your utilization of social media sign-up is subject to the terms, conditions, and policies set forth by the respective social media platform. We hold no responsibility for any actions, consequences, or disputes that may arise from your engagement with these platforms.
• It remains your responsibility to ensure the security of your social media accounts. We strongly recommend utilizing robust and unique passwords for both your social media accounts and our Platform to avert unauthorized access.
• We maintain the right to suspend or terminate your access to our Platform should we detect any form of suspicious or fraudulent activity linked to your social media sign-up.

By proceeding with social media sign-up, you confirm that you have read, comprehended, and consented to these terms and conditions. Opting to connect your social media account with our Platform signifies your acceptance of the aforementioned terms. If these terms are not agreeable to you, we recommend pursuing alternative methods for creating your account on our Platform.

Administration of Account

Maintaining strict confidentiality of your user ID and password is of utmost importance. During the account creation process, should you furnish inaccurate details or opt for an inappropriate user ID, we reserve the right to either terminate your account on the Platform or implement any other requisite measures. It's vital to comprehend that the establishment of multiple or duplicate accounts on the Platform is strictly prohibited. It's plausible that we may reach out to you, albeit occasionally, for matters pertaining to your account-related activities, should the need arise.

Usage of Platform and its Features

Our Platform provides you with the capability to use and customize forms for the purpose of data collection and analysis. By utilizing these features, you agree to customize and deploy forms in compliance with all applicable laws, regulations, and ethical standards. You acknowledge that the data collected through these forms may include personal, sensitive, or confidential information. It is your responsibility to obtain any necessary consent and to handle such data in accordance with our Privacy Policy and relevant legal requirements.

You are responsible for ensuring the accuracy, legality, and compliance of the questions, options, and content within the customized forms. You agree not to use the forms for any unlawful, defamatory, offensive, or inappropriate purposes.

Our Platform enables you to analyze the data collected through customized forms. While we provide tools and features for analysis, you acknowledge that the interpretation and use of this data is solely your responsibility. We are not liable for any decisions, actions, or outcomes resulting from your analysis of the collected data.

Your use of the customized forms feature must adhere to our broader terms and conditions. You agree not to misuse the forms for spam, fraud, or any purpose that violates our policies or the law.

Your engagement with the Platform must adhere to legitimate and lawful purposes. Engaging in any form of unlawful activities that could potentially harm the Platform is strictly prohibited. This encompasses actions such as uploading or transmitting viruses or any other malicious code that could compromise the functionality or operation of the Platform. Additionally, activities involving the collection or tracking of personal information of fellow users or the illicit gathering of information about them are not allowed. Any attempt to interfere with or compromise the security features of the Platform through unauthorized access is prohibited.

Please be aware that in cases of term violations or engagement in unlawful activities on the Platform, we retain the right to suspend, delete, or terminate your account as necessary. Our priority remains to uphold the integrity and lawful usage of the Platform

Amendment to Terms

It is within our discretion to make modifications to these terms, and such modifications may occur periodically and at any given time. Upon the publication of updated terms on the Platform, these revised terms will supersede the previous iteration. These revised terms will hold relevance to your interactions from the moment they are posted on the Platform. These revisions may encompass either partial or comprehensive alterations. In the case of partial revisions, the new modified terms will coexist with the unchanged portions of the prior version, collectively forming the revised terms.

Communication Regarding Revised Terms

In the event that these terms undergo modifications, a prominent pop-up notice or an easily visible banner will be conspicuously displayed on the Platform to apprise you of the alterations made to these terms. It is anticipated that you will take the initiative to carefully peruse the aforementioned notice, thereby acquainting yourself with the revised terms.

To ensure a transparent and legally sound procedure, your explicit acknowledgement and consent to the updated terms are paramount. To this end, you will be provided with the option to signify your consent through written confirmation. This confirmation process will involve the straightforward act of clicking either on the designated "YES" or "NO" option.

By furnishing your written consent in this manner, you signify your understanding of the modified terms and your agreement to abide by them. Conversely, should you choose not to provide consent, you acknowledge that your usage of the Platform may be impacted based on your decision.

Marketing

It is possible that we will dispatch marketing emails to inform you about new enhancements introduced on the Platform. We may, in future, also send newsletters to you. We are committed to ensuring that you have the autonomy to control the receipt of these marketing communications. In practical terms, you will be granted the choice to opt out of receiving such messages pertaining to marketing initiatives.

To provide an illustrative example, in the case of email-based marketing, you will find an "unsubscribe" button usually positioned within the email footer. By clicking on this button, you can effectively opt out of further receipt of email marketing messages. This process aligns with our aim to afford you the means to tailor your engagement with marketing communications according to your preferences.

Typographical and Inaccuracy Rectification

There is a possibility that typographical errors, inaccuracies, or omissions might inadvertently occur on the Platform. Upon identification of these errors, either through our internal monitoring or your notification, we take swift and decisive action to rectify them. It is our commitment to address these issues promptly and without delay.

Please note that this corrective process may occur without any formal notice being issued to you. Our goal is to uphold the integrity of the information presented on the Platform, and we value your role in helping us achieve this standard of accuracy. Your input contributes to maintaining the quality and reliability of our content.

Ownership of Intellectual Property Rights

The designations "Dataformz" name and logo, our Corporation name " Fink Solutions Inc.," our domain names "www.dataformz.com," and all associated brand names, domain names, sub-domain names, trade names, service names, marks, slogans, tags, taglines, mobile app names, trademarks, and other forms of intellectual property (collectively referred to as the "Marks") presented on the Platform constitute our exclusive property. These Marks are fortified by intellectual property laws, including international intellectual property laws. Consequently, any use of our Marks in connection with external entities or activities not directly associated with us, particularly in a manner that could lead to confusion among our user base or that may impugn our reputation, is strictly proscribed.

The repository of materials on the Platform, encompassing blog posts, articles, testimonials, images, textual content, asset identifiers, visual aesthetics, layout compositions, color palettes, brochures, posters, banners, illustrations, pictures, icons, designs, graphics, page headers, button icons, scripts, photographs, software programs, music clips, technological processes, content, downloadable materials, video clips, and the assembly of these elements (collectively termed the "Contents"), also constitutes our proprietary assets. These Contents are defended by intellectual property laws, including international intellectual property laws.

Any forms you create or customize on our Platform are considered your intellectual property. You are responsible for the content, design, and distribution of these forms. We do not claim ownership over the forms you create, but we reserve the right to use aggregated, non-personally identifiable data for analytical and improvement purposes as outlined in our Privacy Policy.

Consequently, the use, reproduction, duplication, republication, downloading, posting, transmission, distribution, or modification of the Marks or Contents, in whole or in part, or in any other form, is expressly prohibited, unless for your limited, personal, and non-commercial use exclusively. Any such use does not transfer any rights, titles, or intellectual property ownership to you. All rights, titles, and interests, encompassing intellectual property rights, in all Marks and Contents remain expressly and exclusively reserved by us.

However, we do grant you a restricted, non-perpetual, non-transferable, and non-exclusive license to access and utilize the Marks and Contents, but solely for limited, personal, and non-commercial purposes. This license is subject to revocation and may not be transferred to any other entity. Our objective is to ensure that your access to and utilization of the Marks and Contents remain within defined boundaries to safeguard the integrity of our intellectual property rights.

User’s Experiences and Feedback

We value the experiences and insights of our users. If you would like to share your feedback, testimonials, or thoughts regarding your interaction with our Platform and the terms provided herein, we invite you to get in touch with us. We may, in future, ask you any survey questions, pop-up questions, or feedback questionnaires on the Platform to help improve the Platform, its services and user experiences. However, please note that any testimonials or feedback you provide may be used for promotional purposes on our Platform, marketing materials, or other communications. By sharing your feedback, you grant us the right to use and display your testimonial in a manner that aligns with our promotional efforts. We may edit or modify your testimonial for clarity, length, or formatting while striving to maintain the essence of your original message.

Your feedback plays a pivotal role in enhancing our services and refining our offerings. Kindly direct your correspondence to us through the following email address: support@dataformz.com. We appreciate your input and look forward to hearing from you. Your perspective contributes to our ongoing commitment to delivering a seamless and enriching experience through our Platform.

Coping with Platform Functionality Fluctuations

While engaging with the Platform, it's important to acknowledge that your experience might not be consistently uninterrupted, timely, secure, or devoid of errors. The functionality of the Platform could be susceptible to occasional interruptions, stemming from either scheduled or unscheduled maintenance, surges in traffic leading to overload, or the need for emergency service interventions. It's crucial to recognize that such interruptions, regardless of their nature, could transpire at any given moment.

It's imperative to emphasize that we bear no liability for any form of loss or damage that you might incur as a consequence of these interruptions. Although we strive to provide a seamless user experience, the inherent complexities of digital infrastructure and external factors could result in occasional disruptions. By acknowledging this inherent possibility, you're better equipped to manage your expectations and approach your interactions on the Platform with a comprehensive understanding of its operational dynamics.

Limitation of Liability

To the maximum extent allowed by the applicable law, we bear no responsibility to you or any third party for any kind of special, exemplary, incidental, special, punitive, indirect, or consequential damages of any nature (including, but not limited to, damages related to loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy) arising from or in any manner connected to the use of or inability to use the Platform.

It's important to acknowledge that certain jurisdictions do not permit the exclusion or limitation of liability, including the restriction of liability for consequential or incidental damages. In case the laws of such jurisdictions are applicable to you, certain or all of the aforementioned exclusions or limitations might not be applicable, and you may possess additional rights. However, in jurisdictions where these exclusions or limitations are deemed acceptable under the law, they will be enforced to the fullest extent possible.

Indemnification Obligation

You hold the responsibility to safeguard, indemnify, and absolve us from any costs, losses, damages, liabilities, expenses, claims, demands, and legal judgments, encompassing court costs and attorney fees, arising as a result of or stemming from the following:

• Your access or utilization of the Platform;
• Your actions, failures to act, omissions, breaches, false representations, or violations;
• The presence of inaccuracies in any representation, warranty, obligation, or covenant presented by you;
• Infringement upon any third party's rights outlined in these terms, rendering you legally accountable.

In situations requiring indemnification, we retain the prerogative to assume, at your expense, the exclusive defense and control of the matter. In this context, you consent to actively cooperate with our defense efforts against such claims. Additionally, you undertake not to resolve any matter without obtaining our prior written consent. While we commit to making reasonable efforts to inform you of any claims, actions, or legal proceedings that come to our attention, it is essential to underscore your proactive participation in the indemnification process as an integral component of maintaining a comprehensive and collaborative approach to legal matters.

Nature of Relationship

These terms delineate the parameters of our engagement without giving rise to any agency, partnership, or joint venture between you and us. The intent and essence of these terms do not forge any form of legal relationship that could be construed as indicative of agency, partnership, or joint venture status. Therefore, it is essential to recognize that these terms establish a clear demarcation of rights and obligations without establishing a legally binding partnership or agency relationship. Moreover, the terms underscore that neither you nor we possess the authority to obligate the other party to any commitments vis-à-vis third parties.

Severability

Should any provision contained within these terms be deemed unlawful and/or unenforceable by a court or other competent authority, the ensuing course of action will be guided by the following principles. Firstly, the specified provision in question shall either be modified to align with the original intention of the respective Party, or it shall be completely removed from these terms.

Crucially, the modification or removal of any individual provision shall not in any way compromise the validity or enforceability of the remaining clauses within these terms. All other provisions shall maintain their legal efficacy, thus preserving the integrity of the terms as a whole.

Furthermore, if a specific portion of an unlawful or unenforceable provision can be rendered lawful or enforceable by its partial deletion, that particular segment shall be deemed deleted, while the remainder of the provision shall continue to exert its legal effect.

Duration and Termination

These terms shall retain their complete force and effect for the duration of your usage of the Platform. It is within our sole discretion to suspend or terminate your access to the Platform at any time and for any reason. Such actions may be taken, at our discretion, should you engage in any use of the Platform that violates these terms. In the event of termination of your rights as per these terms, your ability to access and use the Platform will be instantaneously revoked.

It's important to recognize that the cessation of your rights may encompass the removal of your data or information from our databases. Any termination of your rights under these terms is void of any liability on our part towards you. This extends to actions such as the deletion of your account or the blacklisting of network addresses you have provided.

We explicitly retain the prerogative to permanently terminate or suspend your account on the Platform, or restrict your access (which includes the potential blocking of certain IP addresses), if any breach of the outlined terms occurs. This includes, but is not confined to, violations of our intellectual property rights or those of a third party, failure to uphold relevant laws or legal obligations, and the breach of any representation, warranty, or covenant.

Should your account be terminated or suspended for any reason, you are prohibited from registering and establishing a new account using your name or any fictitious identity. Beyond account termination or suspension, we reserve the right to initiate suitable legal actions, encompassing but not restricted to civil, criminal, and injunctive remedies.

Furthermore, as a registered user of the Platform, you retain the option to terminate access or usage by simply refraining from using the Platform. However, it's important to note that any outstanding liabilities or obligations may persist, as appropriate, even after the conclusion of your account's tenure.

Electronic Communications

Engaging with the Platform, whether through visits, usage, or communication via email, constitutes the realm of electronic communications. Through such engagement, you express your consent to receive electronic communications, encompassing agreements, notices, disclosures, and various other forms of communication. These electronic exchanges are recognized as fulfilling the legal prerequisites for written communication.

By acknowledging and accepting these terms, you affirmatively relinquish any rights or requisites under statutes, regulations, rules, ordinances, or other legislations within any jurisdiction, which typically mandate an original signature or the presentation, retention, or archiving of physical or non-electronic records in paper format.

Furthermore, it's vital to underscore that the communications dispatched to you by us should not be misconstrued as spam or bulk communications, as stipulated by the relevant laws of the country where such communications are received.

Governing Law:

These terms shall be governed, construed, enforced, and interpreted exclusively in accordance with the laws of the Province of Quebec, and the federal laws of Canada applicable in the Province of Quebec, excluding its conflict of laws rules and all private international laws.

Dispute Resolution

If in case, any controversy, conflict, dispute, claim, issue, question, disagreement, and difference of any nature or breach thereof [“Dispute(s)”] arises between the Parties, out of or in connection or in relation to these terms, the Parties shall use their best efforts to settle the Dispute(s) through informal negotiation before resorting to litigation. To this effect, the Parties shall consult and negotiate with each other in good faith, and recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. The Parties may conduct negotiation proceedings through in-person meetings or virtually through the means of Zoom, Google Meet, or any other online video conferencing platform. If the Parties do not reach such a solution within a period of 60 days, the Parties shall settle the Dispute(s) through litigation.

Any Dispute(s) of any nature between you and us, arising out of or in connection to or in relation to these terms, including (but not limited to) any question regarding its existence, validity, interpretation, breach, termination, performance, discharge, and applicable remedies shall be subject to the exclusive jurisdiction of the Courts located in the Province of Quebec, Canada having jurisdiction to entertain, decide, settle, or resolve the Dispute(s). You further agree that despite the Platform being accessible from a variety of jurisdictions, the Platform shall be deemed solely based in the Province of Quebec, Canada and that the Platform shall be deemed to be passive in nature and not give rise to personal jurisdiction over us in jurisdictions other than the Province of Quebec, Canada. Nothing herein precludes our application for injunctive remedies or other urgent legal relief in any other jurisdiction.

Comprehensive Understanding and Agreement

With the exception of potential supplementation by our supplementary terms, policies, guidelines, standards, or terms tailored to specific services or offerings, the presented terms in conjunction with the Privacy Policy collectively establish the all-encompassing and exclusive framework governing your interaction with the Platform. These terms stand as the definitive and prevailing agreement between you and us, delineating the terms of usage for the Platform. In doing so, they supersede and take precedence over any preceding oral or written agreements or understandings between the involved parties concerning Platform utilization. It is essential to acknowledge that these terms shall not be misconstrued against us merely on account of their formulation by our entity.

Contact

If you have any inquiries, wish to share feedback, or seek further information about us, please do not hesitate to reach out via email at the following address: support@dataformz.com or use the chat option on the Platform.