Last Update : November 9, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU USE OR ACCESS OUR WEBSITES AND SERVICES, YOU ARE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS AND CONDITIONS REFERENCED HEREIN. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT USE OR ACCESS OUR WEBSITES OR SERVICES.

If you have any questions or comments regarding these Terms of Use (“Terms” or “Terms of Use”), you may contact Salutt Inc. by writing to us at [INSERT E-MAIL ADDRESS].

These Terms of Use are a legal agreement that governs our relationship with users and anyone who interacts with Salutt Inc. and our related companies (“we” or “us”) in connection with the use of Salutt Inc. platforms (including salutt.ca; mdfa.app; Make Dating Fun Again; makedatingfunagain.com; makedatingfunagain.ca ) (the “Websites”) and our Services (as defined below). Salutt Inc. offers services, products and features available through our Websites and applications, which include mobile applications and applications available on social media sites and other platforms, as well as through our downloadable products (the “Services”). Salutt Inc. may offer additional services or products or modify or revise the Services, at its discretion, and this Agreement shall apply to any such additional services or products and to any modified or revised Services, unless otherwise specified. Salutt Inc. also reserves the right to discontinue offering the Services. You agree that Salutt Inc. shall not be liable to you or to any third party for any modification, revision, suspension or discontinuance of the Services.

All visitors or users of our Websites or Services, whether registered or not, are “users” of the Services for purposes of these Terms. If you register for Services by creating an account, you become a “Member”.

Salutt Inc. may modify these Terms, as well as any policies or guidelines relating to the Services, at any time. Salutt Inc. will promptly notify you of any changes; notice shall, at a minimum, consist of posting the revised Agreement on the Websites. If we change these Terms, we will notify you of the date of the “last revision” at the top of this page. If you are a non-subscribing user or Member at the time of the changes, all changes or modifications will be effective, unless otherwise stated, upon posting of such changes or modifications on the Site or Service, and your use of the Service after such posting will signify your acceptance of the revised Terms. If you renew your subscription, such renewal will signify your acceptance of the revised Terms. Similarly, if you terminate your subscription, your use of the Service after termination of your subscription will signify your acceptance of the revised Terms. Accordingly, you should periodically review these Terms and all applicable terms and conditions to understand which ones apply to your use of the Services. If you do not agree to the revised Terms, you must discontinue your use of the Services.

  1. ELECTRONIC DOCUMENTS Because the Services are provided electronically, you must consent to Salutt Inc. providing important information to you electronically if you wish to use the Services. You agree to receive these Terms, notices, statements, information, policies and other documents in electronic format (collectively, “Electronic Documents”) and not in hard copy. Your agreement to receive Electronic Documents applies to any notices, statements, documents, records or other materials that Salutt Inc. may be required to provide to you. Electronic Documents will be provided to you on our Websites and Services or will be sent to the e-mail address associated with your account.
  1. ELIGIBILITY By using or accessing the Services, you represent and warrant that: (a) you are at least 18 years of age or the legal age in your jurisdiction; (b) you have never been convicted of a felony or any criminal act classified as a sex offense and you are not required to register as a sex offender with any government entity; (c) you have not been previously suspended or terminated from the Services; (d) you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions hereof; (e) you are not a competitor of Salutt Inc. and you are not using the Services for any purpose that is in competition with Salutt Inc. or for any purpose other than those contemplated; and (f) you are a resident of Canada.
  1. USE OF SERVICES You agree that you will only use the Services, including posting any content through the Services, in accordance with this Agreement and applicable local, state, national and international laws and regulations.

Use of the Services is void where prohibited.

    1. Member account. You will create only one profile for use of the Services. You will not include any telephone number, mailing address, URL link, multimedia, work downloaded from external sources, e-mail address or contact information on your profile or in publicly viewable User Content (as defined in Section 4 below) or in other communications made in connection with your use of the Services. You understand and agree that anyone may be able to see the information you choose to make public.
    2. Account Security. You agree to be responsible for maintaining the confidentiality of your account username and password and to be responsible for all activities that occur under your username and password, including the purchase of any of our Paid Services (as defined in Section 10 below). You agree to (a) immediately notify Salutt Inc. if you suspect that your user name or password has been used without your authorization or for any other breach of security, (b) ensure that you log out of your account at the end of each of your sessions, (c) not use the account, profile, user name or password of any other user or member. Salutt Inc. is not responsible for any loss or damage that may result from the theft of your user name or password.
    3. Exclusive Use. You will use the Services only for your personal, non-commercial use. You will not permit any other person to use the Services and you will not otherwise transfer your right to use the Services to any third party.
    4. Interactions with Other Users; Criminal Background Checks. You assume all risks in using the Services, including, without limitation, risks associated with online and offline interactions with others, including dating. You should exercise caution when communicating with strangers who wish to meet you. You agree that Salutt Inc. has no obligation to screen its users, investigate its users’ backgrounds, or verify any information provided by its users. SALUTT INC. RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CONDUCT SUCH INVESTIGATIONS OR VERIFICATIONS (INCLUDING SEARCHES FOR SEX OFFENDER REGISTRIES). YOU ALSO ACKNOWLEDGE THAT SALUTT INC. IS UNDER NO OBLIGATION TO CONDUCT SUCH INVESTIGATIONS. Salutt Inc. makes no representations or warranties about the conduct of its users, the information provided by users, or its compatibility with you. You agree that not all users will be available and understand that Salutt Inc. may create profiles or testaccounts in order to monitor the operation of the Services. You will take all necessary precautions when interacting with other users, especially if you decide to meet them in person. In addition, we recommend that you do not provide your last name, home address, place of employment, financial information (such as credit card or bank account numbers) or other personally identifiable information to other users, and that you discontinue any communication with an individual who pressures you to provide personal or financial information or who attempts in any way to obtain such information from you. You will treat all other users with respect and dignity [and comply with our code of conduct set out in point XX below].
    5. No canvassing or advertising. You will not engage in any advertising or canvassing to buy or sell products or services through the use of the Services, and you will not transmit any chain letters, junk mail or spam to other users. In addition, you will not use any information obtained from the Services to contact, advertise, prospect or sell products to other users without their prior express written consent.
    6. User behavior. Salutt Inc. is not responsible for the conduct of its users, whether or not such conduct is related to the use of the Site or the Services. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. You agree not to commit any of the following acts in connection with the Services or users:
      1. use the Service in an unlawful manner or in a manner that harms or violates the rights of third parties;
      2. engage in unlawful, harassing, obscene, intimidating, threatening, abusive or threatening behavior;
      3. use the Services in a manner that could damage, disrupt, overburden, impair or interfere with the performance of the Services or interfere with (or attempt to interfere with) other users’ use of the Services;
      4. impersonate any person or entity, lie about your age, identity, relationship, connection or association with any person or entity;
      5. make commercial use of the Services or promote or solicit participation in or support of any political movement, religion, cult or sect;
      6. defraud, rip off or deceive other users of the Services;
      7. distribute another person’s personal information without their permission, or collect or request another person’s personal data for commercial or illegal purposes;
      8. engage in gambling or similar activities or any other illegal or unlawful activity, or induce others to do so;
      9. use scripts, bots or other automated technologies for web scraping or to access the Services;
      10. collect or solicit personal data from any individual under the age of 18;
      11. use the Service for phishing, trolling or similar activities;
      12. use the Service to redirect users to other websites or to entice users to visit other websites;
      13. collect or retrieve e-mail addresses or other contact information of other users from the Services electronically or by other means, or use the Services to send, directly or indirectly, unsolicited mass e-mail or communications, unsolicited commercial e-mail or communications or other spam, or engage in spamming activities;
      14. attempt to access any Services or any area of the Site which you do not have a right to access; or
      15. allow or authorize others or third parties to use or access the Services through your account.
    7. Reporting Violations of the Terms. If you wish to report a violation of these Terms by others, including Members, you may do so by using the “Report this Profile” button or similar button or link on the Services.
    8. Verification and Enforcement. Although Salutt Inc. does not routinely conduct criminal checks of its users, you agree that Salutt Inc. has the right to do so in its sole discretion and you consent to such checks and agree to provide Salutt Inc., upon request, with complete, accurate and current information confirming your eligibility to use the Services. If you violate these Terms, misuse the Services or engage in any conduct that could be considered inappropriate or illegal, Salutt Inc. may investigate, take appropriate legal action against you and/or delete your account and cancel your registration and/or subscription.
  1. USER CONTENT
    1. Responsibility for User Content.You are solely responsible for the content and information that you provide, publish, transmit, display or otherwise communicate to Salutt Inc. or other users through the Services (collectively, “Postings”), including, without limitation, messages, data, text messages, videos, music, graphics, links or other materials posted through chat messages, community pages, e-mail messages, mobile messages, photos and profile information (your Submissions and those of other users, collectively, are “User Content”). Salutt Inc. does not control and is not responsible for any User Content posted by you or others or for any loss or damage thereto, and Salutt Inc. is not responsible or liable for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or vulgarity you may encounter while using the Services. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE SERVICES AND USE THEM AT YOUR OWN RISK.
    2. Accuracy of information. You will not post any inaccurate, misleading, incomplete or false information or User Content to Salutt Inc. or any other user. You confirm that all photos posted on your dating profile are yours and have been taken within the last two years, and you will update your dating profile accordingly. You may be required to provide certain information and post a photo of yourself in order to use the Services.
    3. No Obligation to Review User Content. While you understand and acknowledge that Salutt Inc. has no duty to screen, review, monitor or edit User Content posted by users and is not responsible for User Content provided by others, you agree that Salutt Inc. may, in its sole discretion, review, edit, refuse to accept or delete User Content at any time and for any or no reason, without notice, and you assume full responsibility for creating backup copies and replacing User Content that you post or store on the Services, at your own expense. This includes Salutt Inc.’s right to modify, crop or edit any photo you submit for compliance with Salutt Inc. policies, practices and procedures.
    4. User Content License to Salutt Inc. Salutt Inc. claims no ownership or control over your User Content, except as expressly provided in these Terms, as part of the Services or in a separate agreement. By submitting or posting User Content, you automatically represent, warrant and grant to Salutt Inc, its affiliates, licensees and successors a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, copy, publicly perform, publicly display, reproduce, adapt, modify and distribute such User Content provided by you and to prepare derivative works of or incorporate into its works such information and User Content and to grant and authorize sublicenses hereunder in any media. You represent and warrant that the User Content and the publication and use of your User Content by Salutt Inc. does not infringe or violate the rights of any third party, including, without limitation, intellectual property rights or rights of privacy and publicity, nor does it cause injury to any third party or violate the terms of this Agreement. You further represent and warrant that you have the written consent of each natural person identifiable in your User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each person has released you from any liability that may arise from such use. By posting User Content, you hereby waive the right to assert that the foregoing uses permitted hereunder violate your rights, and you acknowledge that we will not be entitled to any compensation relating to the use of your User Content.
    5. Use of information belonging to others. You may not post, copy, transfer, create derivative works from, distribute, reproduce or otherwise display any proprietary, copyrighted or trademarked information or materials, including any User Content posted by other users, without the prior consent of the owner of the proprietary rights. You acknowledge that information or material offered through the Services may be subject to copyright protection, whether or not such protection is indicated.
    6. Prohibited Content. You will not post, copy or distribute any User Content that violates the rights of third parties or any applicable law, or that is prohibited by these Terms or any other Salutt Inc. policy governing use of the Services (“Prohibited Content”). Prohibited Content includes, without limitation, User Content that:
      1. is obscene, pornographic, vulgar, defamatory, abusive, offensive, indecent, of a sexual nature, threatening, intended to harass others, inflammatory, inaccurate, false, fraudulent or illegal ;
      2. promotes racism, intolerance, hatred or physical violence of any kind against any individual or group of individuals;
      3. is intended to harass or intimidate or constitutes an act of harassment or intimidation against another user or any third party;
      4. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any third party, including User Content that includes third-party copyrighted content (e.g., photos, images, music, movies, videos, etc.) without express prior permission;
      5. contains videos, audio recordings, photographs or images of another person without first obtaining that person’s express written permission (or in the case of a minor, the permission of the minor’s legal guardian) or any other content that infringes on the privacy or confidentiality rights of others;
      6. promotes or enables illegal or illicit activities, such as advice on how to make or buy weapons or illegal drugs;
      7. violates privacy or data protection rights;
      8. contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or disruptive code, components or devices;
      9. contains advertising, promotional or fundraising content; or
      10. is objectionable or restricts or inhibits any person from using or enjoying the Services or exposes Salutt Inc. and its users to damage or loss of any kind.
  2. PRIVACY Please refer to our Privacy Policyfor more information on how Salutt Inc. collects, uses, stores and discloses the personal data of its users. You understand and agree that if you post content, information or material of a personal or private nature to your profile or to public areas of Salutt Inc. or if you post or provide Salutt Inc. with information or content intended to be shared with other users, such content, information and material will accordingly be shared with others and you hereby consent to such sharing. You understand that by using the Services you consent to the collection, use and disclosure of personally identifiable information and aggregate data as set forth in our Privacy Policy, and that personally identifiable information will be collected, used or transferred to and managed in Quebec or any other country where we process your data and make the Services available to you. You also consent to receive e-mails from us in connection with the use or promotion of the Services.
  1. INTELLECTUAL PROPERTY RIGHTS AND LIMITED LICENSE. With the exception of your User Content, the Services and all material displayed or contained therein, including, without limitation, software, images, text, graphics, designs, illustrations, Salutt Inc, patents, trademarks, service marks, copyrights, photographs, audio recordings, videos, music, information, data, other files and arrangements thereof, as well as User Content belonging to other users (the “Proprietary Material”) and the intellectual property rights therein, are the exclusive property of Salutt Inc. and its licensors (including other users who post User Content to the Service). Except as provided herein, nothing in this Agreement shall be construed as conferring any license under Salutt Inc. You are granted a limited, non-transferable right to access and use the Services, subject to the terms and conditions of this Agreement. You agree not to (i) copy, modify, publish, adapt, sublicense, translate, sell, distribute, transmit, display, broadcast, reverse engineer, decrypt, decompile or otherwise disassemble any portion of the proprietary material or the Services or cause others to do so; (ii) “frame” or “mirror” any portion of the Services without our prior written permission; (iii) use meta tags or code or any other device containing a reference to Salutt Inc. or the Services to direct a person to another Web site for any purpose; (iv) resell or make commercial use of the Services; (v) use data mining or data gathering techniques such as crawling or otherwise collecting photos, descriptions, data or other content from the Services; (vi) create false headers or otherwise manipulate identifiers in order to disguise the origin of content transmitted through the application; (vii) use automated techniques or processes to create user accounts or access the Services; or (viii) use proprietary material or the Services for any purpose other than those intended. Use of the Services or proprietary materials for purposes other than those expressly authorized herein, without the prior written consent of Salutt Inc. is expressly prohibited and is a violation and will result in termination of the license granted hereunder. Such unauthorized use may also violate applicable laws, including but not limited to copyright laws, trademark laws and communications regulations and statutes. Except as expressly provided herein, nothing contained in this Agreement shall be construed as conferring any license or right under any intellectual property right, whether by estoppel, implication or otherwise. Salutt Inc. reserves all rights not expressly granted herein to the Services and proprietary material. This license is revocable at any time.
  1. TRADEMARKS “Salutt Inc.”, the Salutt Inc. logos and all other brand names or slogans used in the Services are trademarks or service marks of Salutt Inc. or its partners or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Salutt Inc. or the relevant trademark owner. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are service marks, trademarks and/or trade dress of Salutt Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us of them.
  1. THIRD-PARTY CONTENT Salutt Inc. may offer third-party content as part of the Services and may provide links to third-party web pages and content (collectively, “Third-Party Content”) as a convenience to those who may be interested. Salutt Inc. does not control, endorse or adopt Third Party Content and makes no representations or warranties of any kind regarding Third Party Content, including, without limitation, any representation or warranty regarding its accuracy or completeness. You acknowledge and agree that Salutt Inc. is not responsible in any way for third-party content and makes no commitment to update or review such third-party content. Users use third-party content at their own risk.
  1. ADVERTISEMENTS AND OTHER THIRD PARTIES The Services may contain advertisements and promotions of third parties or may otherwise provide information about or links to products or services of third parties. Your communication or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third parties. Salutt Inc. does not endorse and is not responsible or liable for any features, content, advertising, products, services or other materials on or available from third party websites. Salutt Inc. is not responsible for any loss or damage of any kind incurred as the result of your dealings with any third party or as the result of the presence of any third party advertising or information on the Services.
  1. PAYABLE SERVICES
    1. GENERAL: If you purchase any Services offered by us (the “Paid Services”), such as a subscription to our Services or virtual credits (as described below), you authorize Salutt Inc. and our payment processing services to retain your payment information and other related information in connection with the provision of the Services. You also agree to pay the applicable fees for paid Services (including, without limitation, periodic recurring subscription fees (the “Subscription Fees”) as set forth in the Services) when installments become due in addition to any applicable taxes (including, without limitation, sales taxes, duties or other governmental taxes or fees) and to reimburse us for any collection costs and interest for overdue payments. All fees and charges are non-refundable and no refunds or credits are available for partially used Paid Services (including partially used subscription periods) except (i) as expressly set forth in this Agreement, (ii) to the extent otherwise required by applicable law and (iii) at the sole and absolute discretion of Salutt Inc. The price of Paid Services may be payable in advance, in arrears, on a pay-per-use basis or as described when you first purchase such Paid Services. All prices for Paid Services are subject to change by Salutt Inc. without notice (unless otherwise stated in Section 13).
    2. Payment Methods.Salutt Inc. may, from time to time, offer a variety of payment methods, including, but not limited to, payment by credit card, debit card, check, via certain mobile payment service providers or via PayPal. You authorize Salutt Inc. to charge you for Paid Services via the payment method(s) you choose when you purchase Paid Services (the “Payment Method”) and you agree to make payment using such Payment Method(s) (we may, from time to time, receive and use updated information regarding your Payment Method, (We may, from time to time, receive and use updated information about your Payment Method(s) from you or from financial institutions, payment processors or you for the purpose of updating information about your Payment Method(s), such as expiration dates or updated account numbers. Some Payment Methods, such as credit cards and debit cards, may involve agreements between you and the relevant financial institution, credit card issuer or provider of the Payment Methods you have chosen (the “Payment Method Provider”). If we do not receive payment from your Payment Method Issuer, you agree to pay any amounts due directly to us at our request. Non-cancellation or continued use of the Paid Services reaffirms that we are authorized to debit your payment method. Salutt Inc.’s Paid Services may also be purchased through your accounts with third parties, such as your Apple iTunes account, your Google Play account or your Amazon account (a “Third Party Account”). If you purchase Chargeable Services from us through a Third Party Account, billing for such Chargeable Services will appear on your Third Party Account. You should familiarize yourself with the terms and conditions of the Third Party Account, over which we have no control.
    3. Automatic renewal of subscriptions.IF YOU PAY FOR A SUBSCRIPTION BY CREDIT OR DEBIT CARD (OR VIA ANOTHER PAYMENT METHOD OFFERED ON OUR SERVICES OR VIA SOCIAL NETWORKS, INVOLVING AUTOMATIC RENEWAL OF THE SUBSCRIPTION) AND IF YOU DO NOT CANCEL YOUR SUBSCRIPTION IN COMPLIANCE WITH THESE TERMS BEFORE THE END OF THE SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED AT THE END OF EACH SUBSCRIPTION TERM FOR THE SAME DURATION AS THAT CHOSEN AT THE TIME OF THE FIRST SUBSCRIPTION. UNLESS OTHERWISE SPECIFIED IN APPLICABLE ADDITIONAL TERMS OR IN COMMUNICATIONS WE SEND TO YOU AT YOUR REGISTERED E-MAIL ADDRESS, SUCH RENEWAL WILL BE AT THE SAME RATE AS THE INITIAL SUBSCRIPTION, PLUS APPLICABLE TAXES, UNLESS WE NOTIFY YOU AT LEAST 10 DAYS BEFORE THE END OF THE CURRENT SUBSCRIPTION TERM THAT THE SUBSCRIPTION FEE WILL INCREASE. YOU AGREE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY BILLED FOR SUBSCRIPTION RENEWAL, PLUS APPLICABLE TAXES, AT EACH AUTOMATIC RENEWAL. YOU AGREE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWAL, AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE RESPONSIBLE FOR ANY RECURRING CHARGES TO YOUR CREDIT OR DEBIT CARD (OR OTHER PAYMENT METHOD, IF APPLICABLE) IMPOSED AS PART OF SUCH AUTOMATIC RENEWAL, WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT ADDITIONAL NOTICE TO YOU, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW. YOU ALSO ACKNOWLEDGE THAT THE AMOUNT OF RECURRING CHARGES MAY VARY IF APPLICABLE TAXES CHANGE OR IF YOU ARE NOTIFIED OF AN INCREASE IN APPLICABLE SUBSCRIPTION FEES.
    4. Cancelling subscriptions.TO MODIFY OR CANCEL YOUR SUBSCRIPTION AT ANY TIME, GO TO THE “SETTINGS” PAGE OF YOUR DATING PROFILE, CLICK ON “SUBSCRIPTION” AND FOLLOW THE INSTRUCTIONS. IF YOU PURCHASE A SUBSCRIPTION THROUGH A THIRD PARTY ACCOUNT, YOU WILL BE REQUIRED TO CANCEL YOUR SUBSCRIPTION WITH THAT THIRD PARTY IN ACCORDANCE WITH THAT THIRD PARTY’S TERMS AND CONDITIONS. IF YOU CANCEL YOUR SUBSCRIPTION, THE BENEFITS OF YOUR SUBSCRIPTION WILL CONTINUE UNTIL THE END OF THE CURRENT SUBSCRIPTION TERM, BUT YOUR SUBSCRIPTION WILL NOT BE RENEWED ONCE IT HAS EXPIRED. YOU WILL NOT BE ENTITLED TO A PRO RATA REFUND OR ANY PORTION OF THE SUBSCRIPTION FEES PAID FOR THE SUBSCRIPTION TERM AGREED TO IN THESE TERMS AND CONDITIONS.
    5. Up-to-date data required. You will provide us with current, complete and correct billing information, and you will update all such information (including any changes to your billing address, credit card number or credit card expiration date) as necessary to process all payments due to Salutt Inc. You will notify Salutt Inc. if your Payment Method is cancelled (for example, due to theft or loss) or if you become aware of a security breach of your Payment Method. If you fail to provide any of the above information, you agree that your current Payment Method will continue to be billed for the Paid Services and you will therefore be responsible for such payments.
    6. Change in authorized amount.If the total amount billed varies from the amount you authorized at the time of purchase of the Paid Services (other than a change due to a change in taxes), Salutt Inc. will notify you of the amount to be billed and the billing date at least 10 days prior to the scheduled transaction date. If you do not cancel your Paid Services before the increased price takes effect, you agree to pay the increased price for the Paid Services. You agree that Salutt Inc. may accumulate charges incurred and submit them in the form of one or more cumulative invoices during or at the end of each billing cycle. Salutt Inc. will notify you of any additional charges accrued.
    7. Incorrect Payments and Errors.If you submit a payment for Paid Services that does not match the price for Paid Services you have selected, Salutt Inc. has the right, in its sole and absolute discretion, to (1) return or refund the amount of your payment in whole or in part, (2) apply the amount of your payment or a portion thereof to other similar Paid Services whose purchase price is less than the amount of your payment, (3) apply the amount of your payment in whole or in part to the purchase of virtual currency, or (4) apply your payment to any combination of the foregoing. Salutt Inc. may correct any errors or mistakes concerning the prices it offers, even if it has already requested or received payment of the amounts due.
  1. DOWNLOADABLE APPLICATIONS By using a downloadable application that enables you to use the Services, you agree to be bound by the terms of the End User License Agreement associated with the application provided via download or installation, or as may be updated from time to time.
  1. MOBILE SOFTWARE
    1. Mobile software.We may offer you software that enables you to access the Services via a mobile device or tablet (“Mobile Software”). The Mobile Software also includes updates, enhancements and other new features, functionality or improvements to the Mobile Software, as well as online help or “Read Me” files, or other explanatory material related to the Mobile Software. To use the Mobile Software, you must have a device compatible with the Mobile Software. Salutt Inc. does not warrant that the Mobile Software will be compatible with your device. Salutt Inc. hereby grants you a non-exclusive, non-transferable, revocable license to use the Mobile Software on your device for your personal use only. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to a third party or use the Mobile Software to provide timesharing or similar services to a third party; (iii) make copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with the Mobile Software’s security features, features that prevent or restrict the use or copying of any content accessible through the Mobile Software or features that enforce the Mobile Software’s usage limitations; (v) remove copyright notices and other proprietary rights notices on the Mobile Software; (vi) block, disable or otherwise affect any advertising, banner ads, links to other websites and services or other features that are an integral part of the Mobile Software; (vii) use the Mobile Software on any device not owned or controlled by you; or (viii) distribute or make available the Mobile Software to a network where it may be used by multiple devices at the same time. You agree to do everything in your power to prevent and protect the contents of the Mobile Software from unauthorized use or disclosure. Salutt Inc. may issue enhanced versions of the Mobile Software and may automatically update the Mobile Software you use on your device electronically. You consent to such automatic updates on your device and agree that the terms of these Terms shall apply to such updates. Any third-party code that may be embedded in the Mobile Software is covered by the applicable open source or third-party end-user license agreement, if any, authorizing the use of such code. The foregoing license agreement does not constitute the sale of the Mobile Software or any copy thereof and Salutt Inc. or third party partners or suppliers retain all right, title and interest in and to the Mobile Software (and any copy thereof). Any attempt by you to transfer the rights, duties and obligations hereunder, except as expressly provided herein, is void. Salutt Inc. reserves all rights not expressly granted under this Agreement. Please refer to the End-User License Agreement for further information.            
    2. Mobile Software from Google Play or App Store. The following provisions apply to any Mobile Software you acquire or download from Google Play Store: You acknowledge and agree that these Terms apply only to you and Salutt Inc. and not to Google, and that Google assumes no responsibility or liability for the Software or its content. Your use of the Software must comply with the Google Play Store Terms of Service. You acknowledge that Google is under no obligation to provide maintenance or support services for the Software. In the event that the Software does not conform to the applicable warranties, you may notify Google and Google (if applicable) will refund the purchase price of the Software to you; to the fullest extent permitted by applicable law, Google shall have no further obligation with respect to the Software and any claim, loss, liability, damage, cost or expense attributable to breach of any warranty shall be governed solely by these Terms and by any law applicable to Salutt Inc. as provider of the Software. You and Salutt Inc. acknowledge and agree that Google and Google’s affiliates are third party beneficiaries of this Agreement with respect to your license of the Software and that by accepting the terms of this Agreement, Google shall have the right (and you shall be deemed to have accepted such right) to enforce this Agreement with respect to your license of the Software against you as a third party beneficiary. Without limiting the other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the Software.
    3. No Support. These Terms do not entitle you to receive from Salutt Inc., its licensors or Google any paper documentation, support, telephone support, maintenance services, enhancements or updates to the Mobile Software.
    4. Conservatory Measures. You acknowledge and agree that your breach or threatened breach of this Section 12 will cause irreparable harm to Salutt Inc. for which damages would be inadequate, and that Salutt Inc. may therefore seek to prevent you from using the Mobile Software, in order to protect its rights under these Terms, in addition to any other legal remedies available to it.
  1. FREE TRIALS AND PROMOTIONS From time to time, we may offer you free trials or other promotions (“Promotion”). For example, we may offer you promotions that provide you with free subscriber access to the Services for a specified period of time. IF THE CONDITIONS OF A PROMOTION STIPULATE THAT YOU MUST SUBSCRIBE TO SALUTT INC. AND THAT YOU WILL SWITCH DIRECTLY TO A PAID SUBSCRIPTION AT THE END OF THE PROMOTION, YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE THE END OF THE PROMOTION PERIOD TO AVOID US AUTOMATICALLY CHARGING YOU A SUBSCRIPTION FEE. Additional Terms and Conditions may be attached to any Promotion.
  2. Limitation of Liability SALUTT INC. PROVIDES THIS WEBSITE, PROPRIETARY MATERIALS AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICES (INCLUDING THE PROPRIETARY MATERIAL AND OTHER INFORMATION AND CONTENT CONTAINED THEREIN), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SALUTT INC. DOES NOT WARRANT THAT (A) YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, COMPLETE, ALWAYS AVAILABLE, ERROR-FREE OR MEET YOUR REQUIREMENTS, (B) DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SALUTT INC. ASSUMES NO RESPONSIBILITY FOR, AND MAKES NO WARRANTY WITH RESPECT TO, THE CONNECTIVITY OR AVAILABILITY OF THE SERVICES OR THE DELIVERY OF MESSAGES. SALUTT INC. HAS NO OBLIGATION TO VERIFY THE IDENTITY OR TO SELECT THE PERSONS WHO SUBSCRIBE TO OR USE THE SERVICES. THEREFORE, SALUTT INC. WILL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR INTERACTIONS WITH OR THE BEHAVIOR OF CERTAIN USERS AND FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. SALUTT INC. (i) DOES NOT GUARANTEE THE ACCURACY, ACCURACY OR USEFULNESS OF INFORMATION ON THE SERVICES, OR (ii) DOES NOT ADOPT, APPROVE OR ACCEPT LIABILITY FOR THE CONDUCT OF USERS OR MEMBERS OR FOR THE ACCURACY OR RELIABILITY OF OPINIONS, ADVICE OR STATEMENTS MADE BY ANY PARTY OTHER THAN SALUTT INC. IN NO EVENT SHALL SALUTT INC. BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND ARISING OUT OF USER’S CONDUCT OR USE OF INFORMATION OR OTHER CONTENT PUBLISHED ON THE SERVICES OR TRANSMITTED TO OR BY OTHER USERS. THIS CLAUSE DOES NOT AFFECT QUEBEC’S LEGAL WARRANTY.
  1. LIMITATIONS OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SALUTT INC, ITS AFFILIATES, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR PROPRIETARY MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY OR RESULTING FROM A USER’S RELIANCE ON INFORMATION OBTAINED FROM SALUTT INC., OR RESULTING FROM ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAILS, ERRORS, DEFECTS, VIRUSES, DELAYS IN PERFORMANCE OR TRANSMISSION OR ANY OTHER INABILITY TO PERFORM, WHETHER OR NOT RESULTING FROM FORCE MAJEURE, COMMUNICATION FAILURE, THEFT, BREAKAGE OR UNAUTHORIZED ACCESS TO SALUTT INC. DOCUMENTATION, PROGRAMS OR SERVICES. IN NO EVENT WILL SALUTT INC’S TOTAL LIABILITY, IN ANY FORM WHATSOEVER, IN CONNECTION WITH THIS AGREEMENT OR THE USE OF SERVICES, EXCEED THE FOLLOWING AMOUNTS (1) THE TOTAL AMOUNT OF FEES FOR PAID SERVICES PAID BY YOU DURING THE PREVIOUS SIX MONTHS OR (2) $50. IN ALL CASES, SALUTT INC. WILL NEVER BE LIABLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF OTHERS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY, EMOTIONAL DISTRESS, IDENTITY THEFT AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, ENCOUNTERS OR OTHER INTERACTIONS WITH OTHER USERS OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE IDENTITIES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  1. LOCATION DETAILS. SALUTT INC. SERVICES ARE FOR PERSONAL USE ONLY AND ARE NOT TO BE USED AS AN EMERGENCY LOCATION SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER USE IN WHICH THE FAILURE OR INACCURACY OF THIS APPLICATION OR SALUTT INC. SERVICES COULD DIRECTLY RESULT IN DEATH, PERSONAL INJURY, OR SERIOUS PHYSICAL OR PROPERTY DAMAGE. SERVICES COULD DIRECTLY RESULT IN DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. SALUTT INC. IS NOT SUITABLE OR INTENDED FOR PAGING, FLEET TRACKING OR ANY OTHER TYPE OF COMMERCIAL OR CORPORATE USE. THERE ARE OTHER PRODUCTS AVAILABLE TODAY THAT CAN BE USED SPECIFICALLY FOR THESE PURPOSES.
  1. APPLICABLE LAW; COMPENSATION.
    1. Applicable law.These terms of use are governed by the laws and regulations of the province of Quebec and the laws of Canada applicable therein. Any dispute relating to the use of Salutt Inc. websites and mobile applications must be resolved in accordance with these laws in a court of the judicial district of Montreal.
    2. You agree to defend, indemnify and hold harmless Salutt Inc, its affiliates and subsidiaries and their respective officers, directors, agents, contractors, partners and employees from and against any and all losses, liabilities, claims, damages, costs, liabilities, expenses or demands, including reasonable attorneys’ fees, due to or arising out of (i) your use of or access to the Services, including any data or content you transmit or receive or your inability to use the Services, (ii) any claims or damages that may arise from your User Content or any User Content submitted through your account (iii) your conduct in connection with the Services and our users, (iv) your breach of the terms of this Agreement, including, without limitation, a breach of the above representations and warranties, (v) violation by you of any third party’s rights, including, without limitation, rights of privacy or intellectual property, (vi) access by a third party using the Services with your unique name and password or other security code, or (viii) violation by you of any applicable laws, rules or regulations.
    3. If any provision of this Section 16 is found to be illegal or unenforceable, such provision shall be deleted from this Section and the remainder of this Section shall continue in full force and effect.
  1. TERMINATION Unless otherwise provided, these Terms apply to your first use of the Services and will remain in effect until terminated in accordance with these Terms.
    1. Termination by Salutt Inc.Notwithstanding anything to the contrary in this Agreement, Salutt Inc. may suspend, deactivate or terminate your account and your right to use the Services and may block or prevent your access to and use of the Services at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including, without limitation, blocking users or members with certain IP addresses). We may remove or block access to your account information, your User Content or data on our Services, and any other files in accordance with the terms of these Terms. If we determine that your access to the Services is terminated or suspended for cause, such as by reason of breach of this Agreement, reported behavior or content, third party complaints or repeated violations, you agree that any fees then paid by you to Salutt Inc. will not be refunded, except as otherwise provided by law, and that all unpaid and outstanding payments under the terms of your registration will become immediately due and payable. All decisions regarding the refund of fees are at the discretion of Salutt Inc. Notwithstanding the foregoing, you may contest the refund or fee in accordance with Section 16 of this Agreement.
    2. Termination by you.You may deactivate or delete your account at any time, for any reason, by going to the “settings” page of your account or by contacting us as explained above. Except as otherwise provided by applicable law or these Terms, you are not entitled to a refund of any fees paid by you to Salutt Inc.
    3. After your account has been suspended, deactivated or deleted, all terms and conditions that by their nature may remain in effect after termination of these Terms will remain in effect after termination, including, without limitation, items 13, 14, 15 and 17.
  1. CANCELLATION RIGHTS. You may cancel your subscription at any time. If you wish to cancel your subscription and request a refund for the unused portion of your subscription balance you may send a signed and dated copy of your cancellation notice to Salutt Inc. Customer Service – [INSERT ADDRESS]. If you cancel under this section, Salutt Inc. will be entitled to retain a cancellation fee calculated in accordance with the Quebec Consumer Protection Act. Any payment made by you for the unused portion of your subscription (after deduction of the cancellation fee) will be returned within ten (10) business days of receipt of your cancellation notice. You must include your Salutt Inc. username and the e-mail address used to register for the Services in your cancellation notice.
  1. OTHER PROVISIONS. These Terms, and all rights and licenses granted hereunder, may not be transferred by you without the consent of Salutt Inc. but may be transferred by Salutt Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be void. You agree that this Agreement and the Privacy Policy and any additional terms constitute the entire agreement between Salutt Inc. and you with respect to your use of the Services and supersede all prior agreements and understandings (including, without limitation, prior versions of this Agreement), except to the extent that the parties have entered into a separate written Agreement applicable to the Services that expressly governs this Agreement. If any provision, or portion thereof, of this Agreement shall be unlawful, void, invalid or unenforceable, such provision shall be modified and construed to effect the intent of the provision to the maximum extent possible under any applicable law; and the remaining provisions shall remain in full force and effect, except for the unenforceability of the universal jury trial/class action waiver. The failure of Salutt Inc. to exercise any right or enforce any provision of this Agreement shall not invalidate such right or provision. Other than entities in which Salutt Inc. owns a 50% or greater interest, or except as otherwise set forth in these Terms, there are no third party beneficiaries to these Terms and no third party not a party to these Terms has the right to enforce the terms of these Terms.
  1. LANGUAGE OF TERMS OF USE The language of these Terms is French. Where Salutt Inc. provides a translation of the French version of these Terms, you agree that such translation is provided for your information only and that the French version of these Terms shall govern your relationship with Salutt Inc. If there are any inconsistencies between the French version of these Terms and any translation, the French version shall prevail.