Terms and Conditions
1. General
The terms and conditions outlined in this agreement ("Agreement") govern the use of services ("Service") provided by CreaCodeX Solutions Inc. ("CreaCodeX," "we," or "us"). This Agreement represents the entire understanding between CreaCodeX and the individual or entity using the Service ("Subscriber" or "you").
By applying for and using the Service, you are agreeing to comply with all terms outlined in this Agreement. CreaCodeX reserves the right to terminate your account at any time for any violations of this Agreement or actions deemed harmful to the company or others.
CreaCodeX also reserves the right to make changes or modifications to this Agreement at any time without notice, such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): https://www.creacode.com/terms. It is the subscriber's responsibility to regularly review this Agreement to ensure compliance with its terms.
2. Services
CreaCodeX provide Subscribers CreaCodeX Source Code Generation Tool, which allow you to create custom software applications for the duration of the service term purchased from CreaCodeX.com.
Services are provided on the basis of facility and equipment availability. CreaCodex.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Details regarding your account can be found in your account control panel (https://app.creacodex.com/)
Access to the web and servers is terminated upon expiry of the Service.
3. Development Tools
CreaCodeX provides Subscribers with a non-exclusive, non-transferable, limited license to use the CreaCodeX Source Code Generation Tool. The CreaCodeX Source Code Generation Tool is developed and owned by CreaCodeX, and any reproduction, modification, creation of derivative works from or redistribution of the CreaCodeX Source Code Generation Tool is expressly prohibited. The CreaCodeX Source Code Generation Tool, its structure, sequence, organization and source code are considered trade secrets of CreaCodeX and are protected by trade secret laws.
CreaCodeX does not claim ownership and is not responsible for any of the information, code, data, text, software, messages, files or other materials ("User Content") submitted using the CreaCodeX Source Code Generation Tool. Subscriber is entirely responsible for all User Content uploaded, posted or otherwise transmitted via the CreaCodeX Source Code Generation Tool.
You further acknowledge and agree that all User Content is non-transferable and non-transportable. CreaCodeX will not assist any Subscribers with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the CreaCodeX Source Code Generation Tool, including all User Content, third party content, and user information uploaded, posted or otherwise transmitted via the CreaCodeX Source Code Generation Tool, will be removed by CreaCodeX.
4. Definition of Unlimited Usage
"Unlimited" in regards to CreaCodeX's services means that there is no set limit on the amount of resources an account can use. These resources are intended to meet the needs of a typical small business or individual requirements. However, "Unlimited" does not mean that the accounts are meant to support the large-scale resource needs of large enterprises or any practices that CreaCodeX deems unreasonable. The services are provided in a shared hosting environment and any account that negatively impacts the performance of other accounts by excessively using network bandwidth, server storage, memory, or CPU resources will be flagged by CreaCodeX administrators and anti-abuse controls. If the violation is severe, the account may be suspended or terminated with or without notice.
5. Service Fees / Payments / Invoices
CreaCodeX charges and fees are quoted and billed in US dollars unless otherwise stated and are not refundable. The company uses an automated payment system and currently only accepts credit card payments. Subscribers are required to keep their payment information up-to-date for the processing of service fees. CreaCodeX may use credit card issuer-approved services, such as Stripe Inc, VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account. CreaCodeX may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law. Service fees are due at the time of order or on the day of renewal. All fees must be paid in full. Invoices for all CreaCodeX services can be found by logging into your account control panel. Any billing inquiries or disputes should be brought to CreaCodeX's attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate. If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, CreaCodeX reserves the right to put your account into "On Hold" status and deny any access until the chargeback or dispute issue has been resolved. Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee. Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.
6. Subscriber Responsibility
When you apply to use CreaCodeX services, you will be asked to select a Subscriber ID and Password. These will be the means by which you access certain services. You are responsible for keeping your Subscriber ID and Password safe from unauthorized use. CreaCodeX will not be held responsible for any unauthorized use or misuse of your Subscriber ID or Password. Subscribers are responsible for keeping their account information up-to-date and accurate at all times, including credit card and contact information. You can update this information in your account control panel.
7. Prohibited Conduct
Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.
8. Notices
You agree that, unless other instructions are posted on CreaCodeX's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for CreaCodeX posted on the CreaCodeX website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
9. Privacy
CreaCodeX collects and uses personal data in order to provide its customers with high-quality websites, products, services, and support (collectively referred to as "Services"). This personal data may include: Name, Phone number, Address, Email address, Other data that could directly or indirectly identify you
Collected data
To provide the best Services to you, we may collect the following information:
Account-related information is collected when you sign up for our Services. This information may include your name, address, phone number, email address, credit card information, etc.
Service Usage Data is automatically collected when you interact with our Services. This information may include data about your interactions with the features, content and links contained in our Services, time of interaction, browser type and configuration, operating system used, IP address, language preferences, and other cookie data. While none of this data will allow us to directly identify you, some of this data can be used to approximate your location.
Supplementary Data may be received about you from third-party sources, such as public databases. We may combine this data with the information we already have about you in order to maintain accuracy of our records, and provide products and services that you may be interested in.
How you can access, update, or delete your data
You have the right to access, view, and update your personal data by signing into your account and visiting "Your Profile". If you are unable to access "Your Profile" for any reason, you may contact us as described in the "Contact Us" section below.
You can also make a request to delete your personal data, which will be honored only to the extent that the data is no longer needed for the Services you have purchased, or when it is no longer required for our business, legal or contractual record keeping requirements.
Age restrictions
Our Services are intended for use by individuals who are over the age of 19. They are not intended for or marketed to individuals under the age of 19. If you become aware or have reason to believe that someone under the age of 19 has provided us with any personal data, please contact us immediately.
10. Reservation of Rights
CreaCodeX reserves the right to exercise its discretion in the following matters:
Reviewing any account for excessive space or bandwidth utilization and suspending service to those accounts that have exceeded allowed levels.
Terminating any account for non-payment of fees, for providing fraudulent account information
or fraudulent payment information.
Censoring any content hosted on its servers that is deemed inappropriate.
Terminating any account if the contents of its website results in, or are the subject of,
legal action or threatened legal action against CreaCodeX or any of its affiliates or partners, without
consideration for whether such legal action or threatened legal action is eventually determined to be with
or without merit.
Terminating any account for unsolicited, illegal access to other computers or networks (i.e.,
hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or
unlawful that CreaCodeX determines to be harmful to its other customers, operations or reputation, or for
any breach of this agreement.
Suspending the Service at any time for any duration of time when necessary, without penalty or
liability to ourselves.
You agree that it may be necessary for CreaCodeX to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
11. Limitation of Liability
The Service is provided on an "as is" and "as available" basis, and you use it at your own risk. CreaCodeX makes no representations or warranties, expressed or implied, with respect to the Service or any service or information provided through the Service. CreaCodeX is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by CreaCodeX.
CreaCodeX, its officers, directors, owners, agents, and employees shall not be held liable for any direct, indirect, incidental, or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.
CreaCodeX will not be held liable for any damages or economic loss, whatsoever, as a result of providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
You acknowledge that the limitations of liability set forth in this Agreement are integral to the amount of fees charged for the Service and that, in the absence of such limitations, CreaCodeX would not be able to provide the Service to you at the present fee structure.
12. Indemnification
By using the Service, you agree to indemnify and hold CreaCodeX, its affiliates, sponsors, partners, directors, officers, and employees harmless from any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses (including reasonable related expenses, legal fees, and costs of investigation) arising out of or related to your breach of this Agreement or use by you or any third party of the Services. You also agree to reimburse CreaCodeX for any such losses, damages, liabilities, claims, judgments, settlements, fines, costs, and expenses.
13. Force Majeure
CreaCodeX will not be held responsible for any delay, interruption, or failure in providing services if it is caused by acts of God, war (declared or undeclared), fire, flood, storm, landslide, earthquake, power failure, the inability to obtain equipment, supplies, or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning. These events are considered to be out of CreaCodeX's control and therefore, it will not be held liable for any consequences arising from them.
14. Unenforceable Provisions
If any part of this Agreement is found to be invalid or unenforceable under applicable law, it will only be ineffective to the extent of that invalid or unenforceable part, and it will not affect the remaining parts of the Agreement. The rest of the Agreement will still be valid and enforceable.
15. Governing Law
The rights and obligations of the parties under this Agreement are governed by, and will be interpreted in accordance with, the laws of the province of Quebec and the federal laws of Canada. However, you may be subject to other local, provincial, state, or national laws. By agreeing to this Agreement, you irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec for any dispute arising under or relating to this Agreement and waive your right to bring legal proceedings in any other jurisdiction. CreaCodeX reserves the right to bring legal proceedings in any jurisdiction where you reside, conduct business, or have assets in connection with any matter arising under this Agreement.
16. Waiver
A failure to enforce any provision of this Agreement will not be considered a waiver of that provision or any other provision. Any waiver of a provision must be in writing and signed by the party granting the waiver in order for it to be valid. The waiver of one provision does not constitute a continuing waiver of that provision or any other provision in this Agreement.
17. Entire Agreement
This Agreement, which may be updated from time to time and posted at https://www.creacodex/terms, represents the entire agreement and understanding between CreaCodeX and the subscriber regarding the use of the Service and supersedes any prior written or oral agreements.
18. Questions or Additional Information
If You have questions regarding these Terms of Use or wish to obtain additional information, please contact us via https://www.creacodex.com/contact-us