Terms of Service

Effective Date: December 6, 2024

Welcome to Binome. By accessing or using our website and services, you agree to be bound by these Terms of Service and our Privacy Policy.

Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: - In any way that violates any applicable national or international law or regulation. - To exploit, harm, or attempt to exploit or harm minors in any way. - To transmit any advertising or promotional material, including any 'junk mail', 'chain letter,' 'spam,' or any other similar solicitation. - To impersonate or attempt to impersonate Binome, a Binome employee, another user, or any other person or entity. - To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Binome or users of the Service or expose them to liability.

Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Binome and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Binome.

Subscriptions and Payments

Some parts of the Service are billed on a subscription basis ('Subscription(s)'). You will be billed in advance on a recurring and periodic basis ('Billing Cycle'). Billing cycles are set on a monthly basis. All payments are non-refundable. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.

Indemnification

You agree to defend, indemnify, and hold harmless Binome and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Data Loss and Backups

We implement industry-standard security measures to protect your data. HOWEVER, YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, CORRUPTION OF DATA, OR FAILURE TO STORE ANY DATA, REGARDLESS OF THE CAUSE (INCLUDING BUT NOT LIMITED TO SERVER CRASHES, HARDWARE FAILURE, OR SOFTWARE BUGS).

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BINOME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BINOME IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Service Availability

The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. We do not guarantee that the Service will be uninterrupted, secure, or error-free. We reserve the right to modify, suspend, or discontinue the Service at any time.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein.

Changes

We reserve the right to modify these Terms at any time. We will provide notice of any significant changes.

Contact Us

If you have any questions about these Terms, please contact us at privacy@binome.top.