Terms of Use & Conditions

Effective July 14th, 2015

Use of the Services

Resonant Apps Inc. (Resonant) grants you a limited, nonexclusive, nontransferable, revocable license to use the App, Web Site, and Services subject to the restrictions set forth in these Terms of Service.

In exchanged for using the App, Web Site, and Services, you agree to be bound exclusively by these terms and to comply with all applicable laws and regulations. You represent you have the legal authority to accept these Web Site Terms of Use on behalf of yourself or any party you represent. If any provision of these Web Site Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any province/state or federal court, such invalidity shall not affect the enforceability of any other provision of the Web Site Terms of Use.

If you do not agree to these terms, please do not use the App, Web Site, or Services.

Account Security

You are responsible for safeguarding the password that you use to access the Web Site, and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Resonant of any unauthorized use of your password. Notify us at contact@resonant-forms.com if your password is compromised.

Subscriptions

Fees are payable at the start of the period and are non-refundable.

Resonant Forms Mobile:

  • Subscriptions are offered in 1 month, 3 month, 6 month and 1 year periods for features specific to the mobile application.
  • These subscriptions are charged to your iTunes account at confirmation of purchase and are non-refundable.
  • The subscription automatically renews unless cancelled at least 24-hours before the end of the current period and will renew for the same duration and at the current subscription price.
  • No cancellation of the current subscription is allowed during an active subscription period
  • Auto-renewal may be turned off by you in your Account Settings after purchase.

Resonant Forms Enterprise:

  • An enterprise subscription is not required to use the mobile application as a stand-alone product.
  • Subscriptions are only needed for by an organization to license the number of named individuals with privileges to that organization.
  • Monthly enterprise subscriptions are offered for features specific to web based services.
  • Subscriptions are charged to a credit card at the beginning of the period and are are non-refundable.
  • These subscriptions automatically renew until cancelled and will renew for the same duration and at the current subscription price.
  • Enterprise subscriptions may be cancelled at anytime although any remaining time is non-refundable.
  • Reducing the number of seats in your subscription to a quantity less than is currently allocated will result in a hold on all remote submissions to the repository until the overage is resolved.
  • Reducing the number of seats associated with an organization will take effect immediately. The price difference however, is non-refundable. Subsequent periods will be charged at the rate reflecting the number of licensed seats.
  • Reducing the number of seats licensed for a organization will not effect any data already in the repository.
  • Cancellation of an account, either deliberately or due to failed payment transactions, will result in a termination of all remote associations with the organization and a locking of the online account. (see Cancellation Policy below)

Refund Policy

Subscriptions and charges for both the mobile and enterprise offerings are non-refundable.

Cancellation Policy

Resonant Forms Mobile:

No cancellation of the current mobile subscription is allowed during an active subscription period.

Resonant Forms Enterprise:

You may cancel an enterprise subscription at any time. However:

  • Any time remaining in the current period is non-refundable.
  • The users on any mobile/remote devices that have been given permission to the organization will have that permission revoked. They will no longer see or have access to the organization.
  • Closing/Cancelling an enterprise subscription will begin the process of permanently deleting organization data from the online repository. This can take up to 60 days in the normal course of operations.

Resonant Forms Property and Feedback

All right, title, and interest in and to the App, Web Site and Services are and will remain the exclusive property of Resonant and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Resonant incorporates any of your Feedback (as defined below) into subsequent versions. The App, Web Site, and Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Except as expressly permitted in these Terms of Use & Conditions, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the App, Web Site, or Services.

All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to Resonant, in any form, will be the sole and exclusive property of Resonant. You hereby irrevocably transfer and assign to Resonant and agree to irrevocably assign and transfer to Resonant all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At Resonant's request and expense, you will execute documents and take such further acts as Resonant may reasonably request to assist Resonant in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the App, Web Site, and Services or in any Resonant Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.

General Prohibitions

You agree not to do any of the following while using the App, Web Site, Files or Services:

  • Post, publish or transmit any Document, text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Access, tamper with, or use non-public areas of the App, Resonant's computer systems, or the technical delivery systems of Resonant's providers;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the App, Web Site, Documents or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Resonant or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Google Chrome or Apple Safari), including but not limited to browser automation tools;
  • Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
  •  Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the App, Web Site, Documents or Services to send altered, deceptive or false source-identifying information;
  •  Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the App, Web Site, Documents or Services;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the App; or plant malware on Resonant's computer system, those systems of Resonant's providers, or otherwise use the App, Web Site, Documents or Services to attempt to distribute malware; or
  • Impersonate or misrepresent your affiliation with any person or entity.

Resonant will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and App security issues, to the fullest extent of the law. Resonant may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Resonant has no obligation to monitor any user's access to or use of the App, Web Site, and Services, but has the right to do so for the purpose of operating the App and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links

The Resonant web site and services may contain links to other sites. Resonant is not responsible for the privacy policy or other practices employed by web sites linked to, or from, our web site nor the information or content contained therein. This privacy statement applies solely to information collected by this web site.

Data Security

Resonant takes the security of your data seriously. In order to protect your information, we have implemented various security measures. For example, anytime you transmit to and from Resonant over the internet, that information is encrypted using secure socket layer technology (SSL). Resonant also follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.

Resonant is committed to protecting the security of your information and takes reasonable precautions to protect it. However, Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure and as a result we cannot ensure the security of information you transmit to us; accordingly, you acknowledge that you do so at your own risk. Once we receive your data transmission, we make all commercially reasonable efforts to ensure its security on our systems.

Your information and data stored in our systems is protected by various physical, electronic and procedural safeguards. As a rule, Resonant employees do not monitor or view your personal/business information or content stored in the Resonant service, but it may be viewed if we learn that our Terms of Service may have been violated and confirmation is required, or we otherwise determine that we have an obligation to review it; and certain Resonant services support the use of standard SSL encryption to protect data transmissions. However, this is not a guarantee that such data transmissions cannot be accessed, altered or deleted due to firewall or other security software failures. The files stored within the Resonant cloud are accessible only to you and those you have granted or been given, permission within the application access control structure. When you email or print a document from a device or your computer, it is emailed directly from your device or computers built in email client. When the document is inside your email client, it is no longer part of our application and could become at risk of being viewed by others.

When you delete a document from the Resonant cloud, it is removed from our system. A backup copy of that document might exist in one of our backup archives until a newer backup purges it.

If Resonant learns of a security system breach we may attempt to notify you and provide information on protective steps, if available, through the e-mail address that you supplied during registration or posting a notice on our web site. Depending on where you live, you may have a legal right to receive such notices in writing. To request written notice of any security breach, please send an e-mail with your request and mailing address to info@resonant-forms.com.

Termination

If you violate any of these Terms of Use & Conditions, your permission to use the App, Web Site, and Services will automatically terminate. Resonant reserves the right to revoke your access to and use of the App, Web Site, and Services at any time, with or without cause, and with or without notice. Resonant also reserves the right to cease providing or to change the App, Web Site, or Services at any time and without notice

Resonant reserves the right to terminate Free Accounts/content at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, Resonant may choose to delete and/or reduce: (i) any or all of Your Documents if your Free Account is inactive for 90 days; and (ii) previous versions and/or prior backups of Your Documents.

Use of Site and Mobile App at Your Own Risk

Your access to and use of the App, Web Site, Documents and Services and is at your own risk. Resonant will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the App, Web Site, Documents or Services.

Resonant Forms is Available "AS-IS"

THE APP, WEB SITE, DOCUMENTS AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RESONANT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE APP, WEB SITE, FILE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.

RESONANT MAKES NO WARRANTY THAT THE APP, WEB SITE, DOCUMENTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RESONANT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE APP, WEB SITE, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE APP, WEB SITE, DOCUMENTS OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RESONANT OR THROUGH THE APP, WEB SITE, DOCUMENTS OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold Resonant, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the App, Web Site, Documents and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Documents, or your use of Documents, caused damage to a third party, including without limitation claims that Your Documents, or use of Documents, infringe the rights of another.

Limitation of Liability

IN NO EVENT WILL RESONANT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP, WEB SITE, DOCUMENTS AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE APP, WEB SITE, DOCUMENTS OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RESONANT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT RESONANT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, RESONANT WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY WEB SITE UPLOADED ONTO OR DOWNLOADED FROM THE APP OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

 YOU AGREE THAT THE AGGREGATE LIABILITY OF RESONANT TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE APP, WEB SITE, FILES AND/OR SERVICES IS LIMITED TO TWENTY U.S. DOLLARS ($20). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RESONANT AND YOU.

Severability

In the event that any provision of these Terms of Use & Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms of Use & Conditions will remain in full force and effect.

Waiver

The failure of Resonant to enforce any right or provision of these Terms of Use & Conditions will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use & Conditions and any action related thereto will be governed by the laws of the Province of Alberta without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Use & Conditions will be the courts located in Calgary, Alberta, Canada and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Use & Conditions are the entire and exclusive agreement between Resonant and you regarding the App, Web Site, Services, and these Terms of Use & Conditions supersede and replace any prior agreements between Resonant and you regarding the App, Web Site, Services and Your Documents.

Revisions

As this Terms of Use & Conditions document may be updated from time to time, we will revise and display the effective date at the top of the web page. You should periodically review it to keep abreast of our plans and procedures to protect the personal information that we collect. Your continued use of the Resonant services constitutes your agreement to this Terms of Use & Conditions and any updates.

If Resonant should ever sell its assets, merge with another entity information collected from this web site and in the operation of the services may be transferred as assets of Resonant.