Terms & Conditions of VEPATM
Last Updated: April 2022
Welcome to the VEPA™ App!
Please note that the following terms and conditions (“Agreement“) constitute a legal agreement between M Power Software Corp. (“MPower” or “we“) and end users (“you“) and govern your access and use of the VEPA™ App(the “App“) and related features and services (collectively with the App, the “Services“) made available to you by us. Before accepting this Agreement, you should thoroughly read it, and fully understand its terms, especially restrictive clauses and exceptions. Restrictive clauses and exceptions are written in capital letters, bold or highlighted so that you can identify them more easily. If you have any questions regarding this Agreement, please contact us at the e-mail address or phone number provided in the “Contact Information” section below.
Once you click the “Confirm” or “Accept” button in the APP when prompted to do so upon signing-up or when you start using the Services in any way, you will be bound by the terms and conditions set forth in this Agreement. If you do not agree with the terms of this Agreement, please do not use the Services.
“Documentation” means any content, information and related materials that may be made available through the Services and any documentation that we generally provide you, through the App or otherwise, as revised from time to time, which may include instructions on how to use the App, installation guides, release notes, or help files regarding the use of the App.
“Intellectual Property Rights” means all worldwide intellectual property rights, including without limitation, copyrights, trademarks, service marks, trade secrets, know how, inventions, patents, patent applications, moral rights and all other proprietary rights, whether registered or unregistered.
2.USE OF THE SERVICES, RESTRICTIONS
The Services constitute a technology platform that enables users of my VEPA™ provided as part of the Services to setup and connect smart devices with the VEPA platform.
Subject to the terms and conditions set forth in this Agreement, MPower grants you a non-exclusive, non-transferable, non-sublicensable, revocable right to (i) access and use the App on your personal device solely in connection with your use of the Services, and (ii) access and use the Documentation, in each case for your personal, non-commercial use only.
Except as expressly permitted in this Section 2, you will not and will not permit any third party to: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services, (b) sell, lease, license, distribute, sublicense or otherwise transfer in whole or in part the Services or Documentation to any third party; (c) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the App, in whole or in part; (d) copy the App; (e) create, develop, license, install, use, or deploy any software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the App; (f) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (g) translate, modify or create derivative works based upon the Services; (h) permit any use of or access to the Services by any third party; (i) operate the App on behalf of or for the benefit of any third party, including the operation of any service that is accessed by a third party, or (k) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. You acknowledge that the Services can only be used by you and for non-commercial purposes.
3.INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Services and the Documentation, all copies and portions thereof, and all improvements, enhancements, modifications and derivative work thereof, and all Intellectual Property Rights therein, are and shall remain the sole and exclusive property of MPower or its licensors. Your rights to use the Services and Documentation shall be limited to those expressly granted in this Agreement. No other rights with respect to the Services and Documentation or any related Intellectual Property Rights are implied. You are not authorized to use (and shall not permit any third party to use) the Services, Documentation or any portion thereof except as expressly authorized by this Agreement. You authorize MPower to use any feedback or comments you may provide in connection with your use of the Services for any purpose.
4. SUPPORT AND UPGRADES
If you are encountering any issue, you can reach out to us via our website or you can e-mail or call us at the e-mail address or phone number provided in the “Contact Information” section below. We will do what we can to resolve it.
From time to time, we will make updates, enhancements and/or upgrades to the software APP (“Upgrades“). Upgrades will be made available to you upon release. You may download such Upgrades manually or configure automatic downloads through your device’s settings.
5.LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MPOWER AND ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA) UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. MPOWER’S AND ITS LICENSORS’ LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES YOU PAID FOR THE SERVICES UNDER THIS AGREEMENT, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER MPOWER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
MPower may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Notices. Any notice delivered by MPower to you under this Agreement will be by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent to your address as set forth in your account, if applicable.
Waiver. The waiver of a breach of any provision of this Agreement shall not constitute a waiver of any other provision or any subsequent breach.
Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this Agreement will remain in full force and effect.
Assignment. You may not assign or transfer this Agreement in whole or in part without MPower’s prior written consent. You give your approval to MPower for it to assign or transfer this Agreement in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of MPower’s equity, business or assets; or (iii) a successor by merger or amalgamation.
Governing Law, Disputes. This Agreement is governed by the laws of the Province of Ontario and the Federal laws of Canada applicable therein, without giving effect to conflicts of law principles. The parties agree that the courts of the District of Burlington, Province of Ontario, Canada, will have exclusive jurisdiction for the adjudication of any and all disputes or controversies arising out of or relating directly or indirectly to this Agreement.
Third Party Rights. No joint venture, partnership, employment or agency relationship exists between you, MPower or any Third-Party Provider as a result of the contract between you and MPower or use of the Services. Other than as expressly set out in this Agreement, this Agreement does not create any rights for any person who is not a party to it, and no person who is not a party to this Agreement may enforce any of its terms or rely on any exclusion or limitation contained in it.
M Power Software Corp.
TechPlace | 5500 North Service Road, Suite 801
Burlington, ON L7L 6W6
Phone: +1 (647) 800-8895
Changes to this Agreement
We may amend this Agreement from time to time. Amendments will be effective upon MPower posting of such updated Agreement at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.