The applications that you may access through our products or services to perform additional functions or access additional features separate from the product or service you purchased from us (each an “Application”) are owned and operated by us or our vendors, and we retain all ownership and proprietary rights not expressly granted to you in these terms.
- Use of the Applications.
- You agree that you will use the Applications only for business or commercial purposes and not for personal, family, or household purposes.
- You agree that you will use the Applications in accordance with all applicable laws and regulations, including any relating to data protection and privacy.
- You agree that you will not use the Applications in any way that is intended to, or results in, any fraud, misrepresentation, or the perpetration of any illegal activities. In addition, you are not permitted to use the Applications to send or store any infringing, obscene, malicious, threatening, unlawful or tortious material, or defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- You are not permitted to create false or duplicate profiles to access multiple instances of the Applications, and all information you provide in setting up accounts and user profiles must be complete and accurate.
- If you do not comply with this Section 1, you will be in material breach of these terms, and we will have the right to immediately terminate your use of the Applications.
- Applications may be made available to you on a no-charge basis, or may incur a fee for use. For Applications provided to you at no charge, we reserve the right to end the availability of that Application at any time. For Applications which require payment of a fee to access, we will provide written notice to you of the discontinuation of that Application at least thirty (30) days before the end of your current billing period. In the event an Application is no longer available due to a change in law or regulation, or because a third party no longer provides the Application, we will make reasonable efforts to provide you notice of the discontinuation of the Application.
- You may terminate your use of the Applications at any time by ceasing your use of such Application. For Applications for which you paid a fee, you must notify us of your intent not to renew for a new billing period thirty (30) days prior to commencement of your new billing period.
- Upon termination of your use of Applications for any reason, you will immediately cease use of the Application terminated, and we may permanently delete your account and all the data associated with it.
- For Applications made available for a fee, you will pay the fees for the applicable Application in accordance with your existing agreement with us, or in accordance with the payment method made available in the Application (such as paying with a credit card).
- In all cases, you will be solely responsible for paying any costs you incur within the Application (such as shipping or postage fees), even in cases when the Application itself is made available to you at no cost.
- Third Party Services.
- You must comply with any requirements of any third party carrier when using that carrier for the shipment of packages, and you must comply with all terms and conditions of Canada Post (found at https://www.canadapost.ca/cpc/en/home.page or as otherwise provided by Canada post or by us) when using Canada Post for any shipping or mailing activity. These terms are in addition to any applicable third party terms (including Canada Post terms) set forth in your agreements with us related to the Products.
- Feedback; Data.
- If any of the Services collects or stores individually identifiable personal information, then we will comply with our privacy statement located at https://www.pitneybowes.com/ca/en/our-company/privacy-policy.html/ as it may be updated by us from time to time (the “Privacy Statement”).
- You grant to us (and our affiliates and third party providers, if applicable) the right to use the data you provide to us as necessary to provide the Applications and as provided in our Privacy Statement. We reserve the right to use, without limitation, any anonymized or aggregated data that does not identify you or any user of the Applications relating to use of the Applications. We retain the right to use data derived from your use of the Applications for our internal purposes and for the purposes of performing analytics on the Applications, or for improving or enhancing the Applications, the Products, or other products or services offered by us to our customers, all in accordance with the Privacy Statement.
- You assign to us all right, title, and interest (including all rights in copyright and resulting patents) in any data, feedback, suggestions, and written materials provided to us related to your use of the Applications.
- You’ll ensure that you have the appropriate rights to (including the right to provide to us) all data, files, materials or other information that you provide to us in connection with our provision of the Applications.
- Warranty; Limitation of Liability.
- NOTWITHSTANDING ANYTHING ELSE IN ANY AGREEMENT YOU HAVE WITH US, THE APPLICATIONS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. WE DON’T GUARANTEE THAT THE APPLICATIONS WILL OPERATE ERROR-FREE OR UNINTERRUPTED, OR THAT WE WILL FIX ANY ERROR IN THE APPLICATION.
- TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS RESULTING FROM YOUR USE OF THE APPLICATIONS. IN ANY EVENT, OUR TOTAL LIABILITY FOR ALL CLAIMS MADE RELATING TO YOUR USE OR INABILITY TO USE AN APPLICATION IS LIMITED TO THE AMOUNT YOU PAID IN THE PREVIOUS BILLING PERIOD FOR THE APPLICATION, OR $500, WHICHEVER IS LESS. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR REVENUE, LOST POSTAGE, OR LOST DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
- The parties agreed to draft this Agreement as well as other related documents, including communications and notices, in English. Les parties ont convenu que ce contrat ainsi que d'autres documents qui s'y rattachent, notamment des messages et des avis, pouvaient être rédigés en langue anglaise.