CYBERSUITE X Terms of Service

This Terms of Service is effective as of August 21, 2021.

Please read the following carefully.

IMPORTANT! Your Condominium Corporation or Condominium Developer has signed an Agreement with Cybersuite Inc. (“Cybersuite”, “we”, “our”, “us”). that allows you to use and access to the Cybersuite X app and other technology delivery channels (collectively, “Platform”), and services ("Services"). These Terms of Service ("Terms") cover your use and access to the Platform and Services provided by Cybersuite . Please read these Terms carefully before using our Platform and Services. Any person who wishes to use our Platform and Services must accept these Terms without change. By using our Platform and Services or by agreeing to the Terms when prompted to by the app, you are indicating your acknowledgment and acceptance of these Terms and all related policies and guidelines of our Platform and Services, including our Privacy Policy, as described in these Terms are incorporated by reference.

Please note that before signing up for our Platform and Services, you will be asked to formally agree that you have read and accepted these Terms. If you do not accept these Terms, you will not be able to use the Platform and Services that we make available. You should also print a copy of these Terms or save them to your computer/mobile device for future reference.

If you are accessing our Platform and Services on behalf of a body corporate (which includes a company or other organization with legal personality wherever or however incorporated), a partnership, a trust, a joint venture or an incorporated association or organization (the “Company”), by accessing our Platform and Services you represent and warrant that you are authorized to accept these terms on behalf of the Company and bind such Company.

Modifications to Terms

We may change these Terms or any other policies or guidelines governing our Platform and Services at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on our website (https://cybersuitex.com). Your use of our Platform and Services will be subject to the most current version of the Terms posted on our website at the time of such use. Your continued use of our Platform and Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of our Platform and Services.

Privacy Policy

Please click here to read and review our Privacy Policy (https://cybersuitex.com/privacy), which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy. By agreeing to these Terms, you acknowledge and agree that certain information about you is subject to our Privacy Policy.

Your Account Obligations

You may only register for an account if your Condominium Corporation or Condominium Developer has entered into an agreement with Cybersuite. To register, your Condominium Corporation or Condominium Developer, or their respective Condominium Management Companies, will send an invitation to you to create an account and download the app. The invitation will contain your user name and password (“Account Information”). You agree and represent that all Account Information is accurate and up-to-date. If any of your Account Information changes or inaccurate, you must update it by using the appropriate update mechanism on our Platform, if available. If we believe that the Account Information that you provided is not correct, current, or complete, we reserve the right to refuse you access to our Platform and Services. However, we have no obligation to verify the accuracy, currency completeness or usefulness of any Account Information that you have provided to us.
If you register or set up an account on our Platform, you will be solely responsible for maintaining the confidentiality of any username, password, and similar information. You may not authorize others to use your username, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Account Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Account Information), you must promptly change the affected Account Information by using the appropriate update mechanism on the Platform, if available, or notify us at support@cybersuitex.com or as described in our Privacy Policy. We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.
We have the right, in our sole discretion, to cancel your username and password without notice to you, the right to cancel or suspend your account credentials and to suspend, cancel or terminate your account, your use or your access to our Platform and Services, as well as remove and delete any information or content related to our Platform and Services (and terminate your use thereof), for any reason whatsoever and at any time in our sole discretion, without notice and without liability to you or any other person.

License Grant and Restrictions on Use

So long as your Condominium Corporation or Condominium Developer’s agreement with Cybersuite remains in force and you comply with these Terms, Cybersuite hereby grants to you a limited, non-exclusive, non-transferable, revocable, non-sublicensable right to download and use the Platform on a compatible mobile device to access and use the Platform. You may not use our Platform and Services for any other purpose without our express prior written consent.
The Platform is licensed, not sold, to you. Except as expressly provided for in these Terms, Cybersuite reserves all rights, title and interest in and to our Platform and Services, including all intellectual property and other proprietary rights.
You may not and may not authorize any other party to: (i) cobrand our Platform and Services; (ii) frame our Platform; or (iii) hyperlink to our Platform, without the express prior written permission of an authorized representative of Cybersuite. For purposes of these Terms, “co-branding” means to display any name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute our Platform and Services or which may confuse a user as the nature of the relationship between us and any party. You agree to cease and desist causing any unauthorized co-branding and framing or hyperlinking upon notice from us and at all times you will cooperate with us following our discovery of any such illegal activity.
Cybersuite may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of our Platform and Services for any reason and without any liability to you whatsoever. While Cybesuite takes great care to maintain that our Platform and Services are accurate, errors and/or inaccuracies may occur. We may change or update information on the Platform at any time without notice, and availability of our Platform and Services. We make no representations that the Platform are compatible with, or will function or operate with your device or equipment, unless specifically stated by Cybersuite.

Use of our Platform and Services

By using our Platform and Services, you may have the opportunity to post, upload or otherwise make available content (such as data, text and any information or materials) to the Platform (“User Content”). You agree to only upload User Content to which you own all proprietary right, title and interest, or have a license or written consent from the owner to upload such User Content to our Platform.
If you upload User Content that is the personal information of a third party, you agree that you will only do so after you have obtained consent to do so in accordance with applicable privacy laws (“Consent”). You hereby confirm that any and all User Content provided by you to us complies with all applicable laws.
If you do provide us with User Content, you are giving us a royalty-free, perpetual, irrevocable, worldwide, non- exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, adapt, transmit, arrange, sublicense, export, merge, transfer, assign, share, outsource, host, display or otherwise use any User Content to enable your to access and use the Platform and Services and to incorporate any User Content in other works in any form, media, or technology now known or later developed. You also irrevocably waive all of your moral rights as author in respect of such Suggestion.
We expect that you will access and use our Platform and Services in a professional, responsible and business-like manner in accordance with applicable laws when uploading User Content through the Platform.
By using our Platform and Services, you have the opportunity to engage in dialogue with representatives of Cybersuite if you send us emails, complete our surveys or contact us through our Platform. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as any such Suggestions, User Content or interaction is not obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.
You are not obligated to provide us with Suggestions regarding our Platform and Services. However, if you do provide us with Suggestions, you are giving us a royalty-free, perpetual, irrevocable, worldwide, non- exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Suggestion and to incorporate any Suggestion in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. You also irrevocably waive all of your moral rights as author in respect of such Suggestion. Cybersuite will not treat any Suggestion as confidential, and may use any Suggestion in our business without incurring any liability for royalties or any other consideration of any kind.
You further agree that you must use our Platform and Services for lawful purposes only and represent and warrant that you will not use our Platform and Services to:

e-mail, provide us with or otherwise transmit any Suggestions or User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
communicate with others (such as, your Condominium Corporation or Condominium Developer, or their respective Property Management Companies) in a obscene, illegal, threatening, defamatory, libellous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable manner;
e-mail, provide us with or otherwise transmit any Suggestions or User Content that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trademark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
remove any proprietary notices or labels, or any promotional or advertising material, from our Platform and Services;
e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Platform and Services or otherwise communicating with us;
upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Platform’s infrastructure or limits the functionality of any Cybersuite or third party computer hardware, software, networks, or hardware or telecommunications equipment;
interfere or attempt to interfere with or disrupt our Platform and Services, including but not limited to our servers or networks connected to our Platform, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Platform or disobeying any requirements, procedures, policies or regulations of networks connected to our Platform and Services;
direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with our Platform and Services any User Content;
modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of our Platform and Services (except as may be expressly permitted in these Terms), including but not limited to any portion of our Platform;
transmit any information or User Content known by you to be false, inaccurate or misleading; or
transmit any information or User Content that is intimate, private or that you would not want the public to view or have access to;

Additional Terms for Mobile Users

Your use of our Platform and Services must be in accordance with all third party usage rules and policies that may exist from time to time (“Usage Policies”) applicable to you or your use of our Platform that may relate to any service provider, mobile device platform or the method you downloaded our Platform. You are solely responsible for determining the Usage Policies that apply to your use of the Platform.
Your use of the Platform requires usage of data services. You acknowledge and agree that you are solely responsible for any and all data fees that your wireless service carrier may charge and any other applicable fees in connection with your use of the Platform.
You must not use this Platform on any device that you know or have reason to believe has had its standard protections and limitations have been removed, including, but not limited to a device that has been “rooted” or “jailbroken”.
The following additional terms and conditions apply with respect to any Platform that Cybersuite provides to you designed for use on an Apple iOS-powered or Andriod-powered mobile device:

You acknowledge that these terms are between you and Cybersuite only, and not with the Apple, Inc. or Google LLC. (each an "App Provider").
Your use of Cybersuite’s App must comply with the App Provider’s then-current App Store or Google Play Store (each a “Store”) Terms of Service.
Cybersuite, and not the App Provider, is solely responsible for our Platform and the Services and content available thereon.
Your use of the Platform is limited to Apple and Android branded products that you own or control and as permitted by the Usage Policies set forth in the Store’s Terms of Service.
You acknowledge that the App Provider has no obligation to provide maintenance and support services whatsoever with respect to our Platform.
To the maximum extent permitted by applicable law, the App Provider will have no warranty obligations, whether express or implied by law whatsoever with respect to our Platform. To the extent not effectively disclaimed, any warranties remain with Cybersuite. In the event of any failure of the Platform to conform to any applicable warranty, you may notify the App Provider and it will refund the purchase price for Platform to you and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Platform and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be Cybersuite’s sole responsibility.
You agree that Cybersuite, and not the App Provider, is responsible for addressing any claims by you or any third party relating to our Platform or your possession and/or use of our Platform, including, but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the Platform.
You agree that Cybersuite, and not the App Provider, shall be responsible, in the event of any third party claim that the Platform or your possession and use of our Platform infringes that third party’s intellectual property rights, and Cybersuite, not the App Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our Platform (e.g., you must not be in violation of your wireless data service terms of agreement when using the Platform).
If you have any questions, complaints or claims regarding the Platform, please contact Cybersuite at support@CybersuiteX.com.
The parties agree that the App Provider and its subsidiaries are third party beneficiaries to these terms as they relate to your license of Cybersuite’s App. Upon your acceptance of these terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the Platform as a third party beneficiary thereof.

Proprietary Content

The entire contents of our Platform, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Platform’s “look and feel”, logos, slogans, trademarks, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the Platform as a collective work and/or compilation (collectively, “Content”) is protected under Canadian copyright, trademark, patent, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms, nothing contained in the Platform and provided our Platform and Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or any other intellectual property.
We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, “Documentation”) owned by us or licensed to us which are protected under copyright, trademark, patent and other intellectual property rights. All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent. You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation. The restrictions set out in these Terms do not apply to the limited extent the restrictions are prohibited by applicable law.

Third Party Providers and Services

Our Platform and Services may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than Cybersuite (“Third Party Providers”), such as our partner companies. We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers with our Platform and Services does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.
You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
Our Platform and Services may enable you or assist you to access content of, access and use software, hardware or services of and purchase products and services from, Third Party Providers via third-party websites/mobile sites/APIs or other means (“Third Party Services”) and you do so solely at your own risk. We make no representation, warranty or commitment and have no liability or obligation whatsoever in relation to Third Party Services, or for any transactions completed, and any contract entered into by you with any such Third Party Provider.
Any contract entered into and any transaction completed via any Third Party Provider website/mobile site or otherwise is between you and the relevant Third Party Provider, and not Cybersuite. Cybersuite recommends that you refer to the Third Party Provider’s terms and conditions and privacy policy or other documentation prior to using the relevant Third Party Services. We do not endorse or approve any Third Party Provider nor the content of any of the Third Party Services made available via the Platform and Services.

Hyperlinks.

Our Platform and Services contain hyperlinks to other sites that are not maintained by, or related to, Cybersuite. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by Cybersuite of, any affiliation with or endorsement by the owner of the linked site. We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to our Platform and Services. Use of such third party sites, including any information, material and services in these sites, is solely at your own risk. You also understand and agree that our Privacy Policy is applicable only while you are using our Platform and Services. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.

Disclaimer of Warranties

The Content, Documentation, Platform, Services, Third Party Content and Third Party Services are provided “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. Cybersuite expressly disclaims all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade. You are solely responsible for any resulting damage to your computer system or loss of data.

Cybersuite makes no representations, warranties or conditions regarding the completeness, accuracy, availability or appropriateness of the Content, Documentation, Platform, or Services or their usefulness for your purposes. For greater clarity, Cybersuite does not represent or warrant that (i) the Content, Documentation, Platform, or Services will be uninterrupted, reliable, accurate, complete, suitable, valid, truthful, error-free or will meet your requirements in any way; (ii) any defects in the Content, Documentation, Platform, or Services will be corrected are free of viruses or other harmful components; (iii) the use of the Content, Documentation, Platform, or Services will be timely, secure, or error-free; (iv) the results that may be obtained from your use of the Content, Documentation or Services through the platform will be accurate, beneficial or reliable; or (v) the quality of any Content, Documentation, Platform, or Services obtained by you through your use of the Content, Documentation, Platform, or Services will meet your expectations. The Content, Documentation, Platform, or Services may include technical inaccuracies or typographical errors, and we may make changes or improvements at any time.

Limitation of Liability

In no event shall Cybersuite, its directors, officers, shareholders, employees, third party providers, agents or advisors (“Associated Persons”) be liable to you or any other person or entity for any indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any information provided by us on or in our Content, Documentation, Platform, or Services; (ii) your use of or inability to use our Content, Documentation, Platform, or Services; (iii) your violations of trademark infringement or other intellectual property rights; (iv) any failure of performance of Our Content, Documentation, Platform, or Services, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) the unauthorized use of your account and password by any person; (vi) any third party content or hyperlinked sites; or (vii) any other matters relating to our Content, Documentation, Platform, or Services, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages. The limitations on Cybersuite liability or the liability of associated persons to you in this section shall apply whether or not Cybersuite or such associated persons have been advised or should have been aware of the possibility of any such losses arising.

Indemnity

You agree at all times to defend, indemnify and hold harmless Cybersuite, its employees, contractors, agents, officers, directors, successors and assigns (the “Indemnified Parties”) from and against any claims, losses, judgements, actions, proceedings, damages, costs and expenses (including without limitation, reasonable legal and other fees and disbursements) incurred by any of the foregoing parties due to or resulting from your use or misuse of our Content, Documentation, Platform or Services, or from your violation of these Terms. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of our Content, Documentation, Platform or Services, including but not limited to trademark infringement or other intellectual property claims from third parties.

System Security

You are prohibited from using any services or facilities provided in connection with our Platform and Services to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms.

Dispute Resolution

Any dispute, controversy or claim arising out of or relating to these Terms, including any disputes relating to the Content, Documentation, Platform, or Services, will be finally resolved by arbitration under the Arbitration Rules of the ADR Institute of Canada, Inc. The arbitration will be conducted by one arbitrator and the seat of Arbitration will be Toronto, Ontario. The language of the arbitration will be English. The decision of the arbitrator shall be binding upon the parties hereto.

Governing Law; Jurisdiction

These Terms and any action related thereto or related to our Content, Documentation, Platform, or Services shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from these Terms. Subject to Section 14, you agree that any action at law or in equity arising out of or relating to these Terms or your use of our Content, Documentation, Platform, or Services will be filed only in a court located in Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of our Content, Documentation, Platform, or Services is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use our Platform or Services in any such circumstances.

Termination

If the agreement between Cybersuite and your Condominium Corporation or Condominium Developer expires or terminates, these Terms will terminate and you will no longer have any right to use or access the Platform or Services.

Notwithstanding the above, you acknowledge and agree that these Terms shall remain in effect for so long as you use our Content, Documentation, Platform, or Services. If you wish to terminate your account and no longer be bound to these terms, you may choose to cease use of our Platform or Services and notify your (ii) contact your Condominium Corporation or Condominium Developer, or their respective Property Management Companies in writing

We reserve the right to suspend or terminate your use of our Content, Documentation, Platform, or Services and remove and discard any information related to you and your use of our Content, Documentation, Platform, or Services at any time, for any reason, with or without cause, if we believe that you are violating these Terms in any way. If you are dissatisfied with our Content, Documentation, Platform, or Services, including these Terms, your sole remedy is to discontinue using our Content, Documentation, Platform, or Services by ceasing to use our Platform or Services.

Entire Agreement

These Terms and any of our other legal notices, policies and guidelines linked to these Terms constitute the entire agreement between you and Cybersuite relating to your use of our Content, Documentation, Platform and Services and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on our site.

No Agency; Third Party Beneficiary

We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you, Cybersuite and the Associated Persons, except as expressly provided in the Section 6(d).

Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent. Cybersuite may assign these Terms and the rights and obligations granted hereunder without your consent.

Severability

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

No Waiver

We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

Headings

The headings used in these Terms are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms.

Language

You agree that English will be the language of our site and of all transactions occurring in connection with our Platform and Services, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s'y rattachent soient rédigés en anglais.

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