Terms and conditions of use

Acceptance of the terms of use

Welcome to the Sercom.io website, an app by Abex Technologies Inc. ("Company", "we" or "us"). The following terms and conditions, together with all documents expressly incorporated herein by reference (collectively, these "Terms of Use"), govern your access to and use of the job scheduling software, available through our website sercom.io and possibly mobile applications, all associated content, including the receipt of educational materials and communications to manage your subscription, features and services (the "Application"), whether you are a guest or a registered user ("User").

Please read the Terms of Use carefully before using the Application. By using the Application or clicking "Accept Terms of Use" if this option is available, you agree to be bound by and comply with these Terms of Use and our Privacy Policy, which are incorporated herein by reference. If you do not wish to accept these Terms of Use or the Privacy Policy, you must not access or use the Application.

Changes to the terms of use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately upon posting and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set forth in applicable law and jurisdiction will not apply to disputes for which the parties were notified prior to the date the change is posted on the Application.

Your continued use of the Application after the revised Terms of Use are posted means that you accept the changes. You are expected to check this page periodically to stay informed of any changes, as they are binding upon you.

Access the application and account security

We reserve the right to withdraw or modify the Application and any services or materials we provide on the Application, at our sole discretion and without prior notice. We will not be liable if, for any reason, all or part of the Application is unavailable at any time or for any period.

To access the Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all information you provide on the Application is correct, current, and complete. You agree that all information you provide to register for this Application or otherwise, including, but not limited to, through the use of any of the Application's interactive features, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information in accordance with our Privacy Policy.

If you choose, or are given, a username, password, or other information as part of our security procedures, you must treat that information as confidential and disclose it solely at your own risk and discretion. If you choose, at your discretion, to share your username, password, or other security information with any other person or entity to share access, we are not responsible for anything that person or entity might do to compromise the security of your account.

You agree to notify us immediately of any unauthorized access to or use of your username or password, or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You must be especially careful when accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any of the provisions of these Terms of Use.

The Company may not be able to foresee or anticipate technical or other difficulties that could result in the inability to obtain data, personalization settings, or other service interruptions. The Company assumes no responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store user data, the loss of user data, communications, or personalization settings.

Prohibited uses

You may only use the Application for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

In a manner that violates any applicable federal, state, local, or international law or regulation (including, but not limited to, any law concerning the export of data or software to and from Canada or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, requesting personally identifiable information, or otherwise. This is in violation of these Terms of Use.
To transmit or obtain the sending of any advertising or promotional material, including any "junk mail", "chain letters" or "spam" or any other similar solicitation.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application, or that we determine may harm the Company or users of the Application or expose them to liability.

Furthermore, you agree not to:

Engaging in behavior that would expose your personal information to unnecessary risks, such as leaving, transmitting, or publishing your username or passwords; Using the application in a way that could disable, overburden, damage, or impair the site or interfere with the use of the Application, including their ability to engage in real-time activities through the Application.
Using a robot, a "Spider" robot, or any other automated device, process, or means to access the Application for any purpose, including monitoring or copying any material on the Application.
Use any manual process to monitor or copy any element of the Application or for any other unauthorized purpose without our prior written consent.
Do not use any device, software, or routine that interferes with the proper functioning of the Application. Do not introduce any viruses, Trojan horses, worms, logic bombs, or any other malicious or technologically harmful material.
Attempting to gain unauthorized access to, interfere with, damage or disrupt any part of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
Otherwise, attempt to interfere with the proper functioning of the Application.

Monitoring and enforcement; Termination

We have the right to:

We may remove or refuse to publish any user contribution for any reason and at our sole discretion. The service, including its content standards, may infringe upon any intellectual property or other rights of any person or entity, threaten the personal safety of application users or the public, or could expose the company to liability.
Disclosing your identity or other information about yourself to any third party who claims that the material you post violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including, but not limited to, referral to law enforcement, for any illegal or unauthorized use of the Application.
Terminate or suspend your access to all or part of the Application for any reason whatsoever, including, but not limited to, any violation of these terms of use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authority or any court order requesting or directing us to disclose the identity or other information of any person posting materials on or through the Application. YOU WAIVE AND INDEMNIFY THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIM ARISING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND ANY ACTIONS TAKEN AS A RESULT OF INVESTIGATIONS BY THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not commit to reviewing all material before it is posted on the Application, and we cannot guarantee the prompt removal of objectionable material after it is posted. Accordingly, we assume no responsibility for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We assume no liability to anyone for the performance or non-performance of the activities described in this section.

Content standards

These content standards apply to all user contributions and the use of interactive services. User contributions must fully comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, user contributions must not:

Containing any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material. Promoting sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. Infringing any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. Violating the legal rights (including rights of publicity and privacy) of others or containing any material that could give rise to any civil or criminal liability under applicable laws or regulations or that could otherwise conflict with these Terms of Use and our Privacy Policy. Being likely to deceive any person. Promoting any illegal activity or advocating, promoting, or assisting any illegal act. Causing unnecessary inconvenience or anxiety, or being likely to upset, embarrass, alarm, or annoy any other person. or affiliation with a person or organization. Involve commercial activities or sales, such as contests, raffles and other sales promotions, bartering or advertising.

Dependence on published information

The information presented on or through the Application is provided for general information purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability arising from any reliance placed on this information by you or any other visitor to the Application, or by anyone who may become aware of its content.

This Application may include content provided by third parties, including material submitted by other users. All statements and/or opinions expressed in such materials, as well as all articles, Q&As, and other content other than content provided by the Company, are solely the opinions and responsibility of the individual or entity providing such materials. These materials do not necessarily reflect the Company's views. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by third parties.

Information about you and your visits to the app

All information we collect on this Application is subject to our Privacy Policy. By using the Application, you consent to all actions we take regarding your information in accordance with the Privacy Policy.

Online purchases and other terms and conditions

All purchases through our Application or other transactions for the sale of services or information formed through the Application or as a result of visits you have made are governed by our Terms of Sale, which are incorporated into these Terms of Use (See policies below).

Application links

If the Application contains links to other sites and resources provided by third parties, these links are provided solely for your convenience. If you decide to access any of the third-party websites linked to this Application, you do so entirely at your own risk and subject to the terms of use of those Applications.

Exclusion of warranties

You understand that we cannot and do not guarantee that files available for download from the Internet or the Application will be free from viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to meet your particular requirements for virus protection and the accuracy of input and output data, and for maintaining a means external to our site for the recovery of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY APPLICATION LINKED TO IT.

YOUR USE OF THE APPLICATION, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, ITS CONTENT, AND ALL SERVICES OR MATERIALS OBTAINED THROUGH THE APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTIES OR REPRESENTATIONS AS TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE APPLICATION, ITS CONTENT, OR ANY SERVICE OR ADDITION OBTAINED THROUGH THE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APPLICATION OR ANY SERVICE OR ADDITION OBTAINED THROUGH THE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATION LINKED TO IT, ANY CONTENT IN THE APPLICATION OR SUCH OTHER APPLICATIONS, OR ANY SERVICE OR ITEM OBTAINED THROUGH THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, AND DISTRESS. EMOTIONAL, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN FORESEEABLE.

IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE DURING THE PAST TWELVE MONTHS FROM WHICH LIABILITY ARISED.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Compensation

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or related to your breach of these Terms of Use or your use of the Application, including, but not limited to, your User Contributions, any use of the Application's content, services and products other than as expressly permitted in these Terms of Use or your use of any information obtained from the Application.

Waiver and divisibility

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by the Company to enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable by a court or other competent tribunal for any reason, that provision will be removed or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect.

Pricing policy

The Company reserves the right to modify its pricing policy at any time. It undertakes to notify the designated user(s) of the Application by email within a reasonable timeframe as prescribed by law, i.e., at least 30 days before the change.

If you do not respond within 30 days of receiving notification of the change, you will be deemed to have accepted the changes announced in the terms of your contract.

Subscription Policy

By subscribing to the Application and providing payment information via the Stripe platform, you agree to the general terms and conditions of payment. By default, customer subscriptions renew automatically by credit card. Application subscription fees are charged monthly or annually, depending on the plan chosen by the customer. The Company automatically charges the customer on the scheduled renewal date unless the customer has canceled their subscription beforehand.

You will be billed for the corresponding package based on the chosen plan, frequency, and number of users. You will pay all applicable charges when due and authorize the Company to charge these charges using your selected credit card.

The Company may suspend or terminate your use of the Application if you fail to pay the fees. You are responsible for paying all taxes, and the Company will charge a tax when required by law.

In the event that an automatic renewal is charged despite the user's request to unsubscribe, the Company undertakes to make a full refund of the overpayment within the time limits authorized by law, and provided that no prior dispute has been raised with the User of the Application.

Cancellation Policy

If you decide to unsubscribe from the Application, you can do so by contacting us at support@sercom.io 5 business days before the renewal date to avoid being charged for the following period. If you choose to cancel your Application subscription, you can still use the Service until the end of your current billing period.

Our team will respond within 48 business hours to validate and confirm your request by email or phone. Therefore, it is the client's responsibility to ensure their contact information is up-to-date in their administrator account.

Upon termination, (i) the rights granted to the customer under this Subscription Agreement (except as expressly provided in this article) will cease immediately; and (ii) the customer will lose the benefit of all features provided to them.

Upon unsubscribing, and in accordance with the law governing the Protection of Personal Data in the Private Sector (RSQ, c P-39.1), the General Data Protection Regulation (GDPR) promulgated by the European Union and other applicable laws, all of your personal data will be destroyed; commercial data will be kept for a maximum of 3 months (90 days).

Complete agreement

The terms of use and our privacy policy and our terms of sale constitute the sole and entire agreement between you and Sercomen with respect to the application and supersede all prior and contemporaneous agreements, understandings, representations and warranties, written and oral, with respect to the Application.