PM Intel Inc. (“PM Intel”, "we", "us" or "our") is a corporation formed pursuant to the Business Corporations Act, RSA 2000, c B-9 in Alberta, Canada. In consideration for permitting your access to our website and online services and other good and valuable consideration, you agree as follows:
These terms and conditions (the "Terms") form a legally binding agreement which governs your access to and use of our website and our online platform hosted at https://mavryck.com and various subdomains. Collectively our website and corresponding web platform are referred to in these Terms as the “Mavryck Platform”.
These Terms have provisions which limit our liability and impose obligations on you. You must review these Terms carefully before using the Mavryck Platform. By using Mavryck Platform, you, the user ("you" or "your"), represent and warrant that (i) you are at least 18 years old; and (ii) you have read and understand these Terms and agree to be bound by them.
If you are using the Mavryck Platform on behalf of, or in the employ of, an organization (corporation, trust, partnership, etc.), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, "you" and "your" will also refer to that organization and yourself individually. For greater clarity, both you as an individual user and your organization are legally bound by these Terms which form an agreement between you and your organization and PM Intel Inc.
Amendments
As the Mavryck Platform continues to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. As you are bound by these Terms each time you use the Mavryck Platform, you are responsible for periodically reviewing the amendments to these Terms and you are deemed to have accepted and agreed to such amendments by accessing and using the Mavryck Platform after such amendments have been posted. If you do not agree with the amendments, you must immediately stop accessing the Mavryck Platform and terminate your account, subject to the terms provided for herein. We may also undertake to send you an email or display notice of any changes to the Terms or policies in your account.
Privacy
We use personal information you provide us in accordance with our privacy policy, which is incorporated by reference and available online at https://mavryck.com/privacy. By using the Mavryck Platform, you consent to such processing and you represent to us that all information provided by you is accurate. To the extent you provide us with, or upload data that includes the personal information of another individual, you represent and warrant that you have that individual’s consent to provide us with their information to use in accordance with this these Terms. If you do not have their consent, you agree not to upload or provide us with any such personal information.
About Our Online Service
The Mavryck Platform is a subscription service that allows users to upload various types of project management data for our software to provide data analytics and insights on. You can do so for both public projects (openly accessible to other users) and private projects. Although our supported file formats may change, as of the last date of these Terms, we support data being uploaded in .xer, .xls, .mpp and .pdf.
Fees
Our fees for using the Mavryck Platform are displayed on our website for individual account holders. For enterprise customers wishing to license access to multiple accounts, we can provide you with customized pricing solutions. Please contact us. You agree that to the extent your organization has submitted, or in the future submits a purchase order to us, no terms or conditions referenced in your purchase order shall be binding upon us. Regardless of how your account is paid for, by agreeing to these Terms, you and your organization agree to pay all fees associated with or arising from your account, whether referenced on our website or provided to you or your organization’s representatives off of the platform.
Our fees are subject to change, however, we agree to provide you with a minimum of 30 days’ notice of any such changes via email. You may elect to cancel your account after such changes have been communicated to you in accordance with the account cancellation provisions below. Additional terms, including terms related to sales tax, subscription duration, file size limits, refunds and payment process may be specified on our website. You agree that those terms are incorporated by reference and form part of this agreement.
Subscriptions
You agree that your subscription to the Mavryck Platform will automatically renew each month, or each year, as applicable, unless and until you cancel your subscription prior to the next automatic renewal date.
Taxes
You agree to pay any and all sales taxes, whether Canadian or foreign, applicable to this agreement or arising in any way from your account and access to and use of the Mavryck Platform.
Payment
Although we may use others, we currently facilitate payment for our service using PayPal Canada Co. and their related entities (collectively “PayPal”). In order to facilitate payment, you may be required to hold a PayPal account or provide PayPal with your payment information. You agree that we are authorized to bill and charge your payment method on a monthly or annual basis, as applicable, for your chosen account subscription.
Refunds
We do not offer refunds unless we have charged you in error. If you believe we charged you in error, you must contact us within ninety (90) days of such charge.
Establishing an Account
To use the Mavryck Platform you, and each user of your organization, will be required to register an account and provide certain personal information as referenced in our privacy policy.
Regardless of whether you pay for your account directly or not, and regardless of whether you established a demo account, you agree that access to your account constitutes good and valuable consideration in exchange for agreeing to these Terms, our privacy policy and all other documents and policies incorporated by reference.
Upon establishing an account, we grant you a non-transferable, non-exclusive license to access the Mavryck Platform in accordance with these Terms. However, we reserve the right to revoke that license and your access to the Mavryck Platform without justification or cause, at any time. We make no representations or warranties as to the ongoing availability of the Mavryck Platform, or your access to it.
By establishing an account and using our platform, you agree that your relationship with us is that of an independent contracting party. You are not an agent, joint venturer or partner of ours. You agree that to the fullest extent permitted by law, no partnership relationship shall exist or be deemed to exist between you and us.
Account Not Transferrable
Access to your account is not transferrable and is only intended for the individual who established the account, even if your account is paid for or made accessible to you by an organization. As a result, you are not permitted to change the name associated with your account.
Account Security
Upon setting up an account, you will be required to create a username and password. You are responsible for safeguarding the password you use to access the Mavryck Platform and you agree not to disclose your password to any third-party.
You agree to use a unique password for your account which you do not use for any other online service. As we may send password reset notices and links to your email address registered on the Mavryck Platform (i) you are responsible for ensuring that the email address provided to us is accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.
You agree you are responsible for any activity on your account and all correspondence provided to us from any email address or phone number used to register your account, whether or not you authorized that activity or correspondence. You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.
You must immediately notify us of any unauthorized use of your account.
You must inform us of any changes to your contact details and other information provided to us, including, but not limited to, your email address and telephone number.
While we and our third party software and technology providers take certain security measures in relation to the Mavryck Platform, you acknowledge that the technical processing and transmission of the Mavryck Platform and related data and information, including your own account data and information, will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the Mavryck Platform available, including data and web hosting providers. You accept all risks in using the Mavryck Platform and you agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal and business information.
Acceptable Use of the Mavryck Platform
In using the Mavryck Platform, you agree, and you represent and warrant to us and all other users of the Platform, that you:
1. Will not use the Mavryck Platform in a way that has any unlawful or fraudulent purpose or effect;
2. Will not upload to the Mavryck Platform, or otherwise provide to us, data or information that you are not authorized to provide to us for use as contemplated in these Terms and on the platform. It is your responsibility to ensure you have all necessary legal rights to provide us any data or information for use in connection with the Mavryck Platform;
3. Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;
4. Will comply with all applicable laws, rules and regulations;
5. Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
6. Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
7. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;
8. Will not impersonate any person or entity;
9. Will not upload, copy, distribute, share, create or otherwise use content, code or information that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, hardware or communications equipment, or that is designed to perform functions on any software, hardware or equipment without the owner's express consent;
10. Will not use any software bot or data scraping techniques that accesses the Mavryck Platform to scrape or pull data for any purpose, whether such data was displayed publicly or not.
11. Will not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Mavryck Platform or its underlying software code or algorithms; and
12. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Mavryck Platform.
We may, but have no obligation to, remove users or accounts from the Mavryck Platform that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.
ACCEPTANCE OF RISK AND DISCLAIMERS
Our Mavryck Platform and all reports and information derived therefrom, is provided "as is" without warranty of any kind, including but not limited to, all implied warranties and conditions of merchantability and fitness for a particular purpose. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages you suffer arising from the acts or omissions, including the negligent acts or omissions, of other users on the Mavryck Platform, our independent contractors, suppliers, data hosting providers, payment processors or other third-party service providers.
You agree that, while we strive to have the Mavryck Platform error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of the Mavryck Platform.
We may also perform scheduled maintenance which will result in the Mavryck Platform being unavailable for certain periods of time.
We make no representations or warranties about the duration of time in which we will store any reports or information produced for you via the Mavryck Platform. You agree it is your responsibility to download and save any reports or information obtained via the platform.
LIMITATION OF OUR LIABILITY
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING FOR EXAMPLE LOSS OF PROFITS OR LOSS OF OPPORTUNITY), HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.
IF YOU ARE DISSATISFIED WITH THE MAVRYCK PLATFORM, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR SUBSCRIPTION AND DISCONTINUE ACCESSING AND USING THE MAVRYCK PLATFORM.
IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR OF COMPETENT JURISDICTION DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE MAVRYCK PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE GREATER OF (i) USD $50.00 OR (ii) THE AMOUNT YOU HAVE PAID US FOR YOUR ACCOUNT SUBSCRIPTION OVER THE PREVIOUS THREE (3) MONTHS FROM THE DATE YOU FIRST RAISED YOUR CLAIM WITH US.
YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE MAVRYCK PLATFORM WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.
Indemnification
You agree to indemnify us, our employees, shareholders, directors and officers, and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) which may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your violation of any third-party right (including for example a third party’s intellectual property rights); (iii) any breach of a representation or warranty made by you to us, either in these Terms, privacy policy or otherwise; and (iv) any claim for damages suffered by another user of our service which you caused or contributed to.
Proprietary Rights
The Mavryck Platform contains open source and public domain content, licenced content as well as proprietary content owned by us and by third parties. You are not permitted to copy, use or distribute any content (including but not limited to text, software code, images, trademarks, videos or audio) on the Mavryck Platform without the express consent of the owner.
All rights, title and interest in and to the Mavryck Platform, and its underlying software and related technology, are and will remain the exclusive property of PM Intel Inc. and our licensors.
The Mavryck Platform and all content thereon are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. You agree not to reproduce, modify or prepare derivative works, distribute, sell, sublicense access to or otherwise use the Mavryck Platform or any content thereon contrary to these Terms or applicable law, without our express written consent.
You are not permitted to use any trademark or trade name of PM Intel Inc., including our logo, without our express permission.
Your Content and Data
The Mavryck Platform permits you and other users the ability to upload data, files and other information and post content (collectively "User Content"). We claim no ownership over your User Content. You represent and warrant that you (or the organization you represent) own or have the necessary licenses, rights, consents and/or permissions to use the User Content you upload or provide to us, in the manner contemplated by the Mavryck Platform and in these Terms.
You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any of your User Content that you post or upload to the Mavryck Platform in order to facilitate the ordinary use of the Mavryck Platform, as updated from time-to-time. Such use, includes, for example, applying our software and data analytics tools to your User Content to produce reports and insights for you and other users.
Use of Aggregate Data
You agree that we shall be entitled to use, sell and license, and shall have a perpetual right to use, sell and license, User Content you upload on the Mavryck Platform or otherwise provide to us, so long as our use does not include or removes any reference to personal information (such as an individual’s name and contact information) and specific reference to you and your organization.
While we may use such User Content for various purposes, our primary use is to combine your data and information, on an aggregate and anonymous basis, with similar data and information from third parties, including other users and organizations of our platform, to make our software, algorithms, analytics and related reports better. We may also sell or license access to aggregate data reports showing useful information to you and other users or third parties. If you have questions regarding our use of aggregate data, please contact us at [email protected]
Feedback
We do not consider proposals or ideas, including without limitation, ideas for new products, technologies, promotions, product names, product feedback and product improvements you provide us (“Feedback”) to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.
Copyright Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Mavryck Platform, please notify us at [email protected] or via our website for contact information at https://mavryck.com. While we take no responsibility for any user who breaches your copyright or other intellectual property rights, we may, in our sole discretion and without liability, undertake to attempt to contact the infringer on your behalf and/or cancel the infringer's account.
Linked Sites
Whether or not we are affiliated with websites or third-party vendors that may be linked to the Mavryck Platform, you agree that we are not responsible for their content. Internet links found on the Mavryck Platform, in our marketing materials or on our social media accounts, whether posted by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites. You access those links and corresponding websites at your own risk.
Law of the Contract (Governing Law) and Jurisdiction.
These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Alberta, Canada, (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.
You hereby agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of Alberta, Canada (including the Federal courts and tribunals as applicable therein) to settle any disputes arising out of or in anyway related to these Terms, all documents incorporated by reference and your relationship with us.
Severability
If any provision of these Terms are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
No Interpretation Against Drafter
If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.
Waiver of Class Proceedings and Trial By Jury
To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us, our contractors, employees, shareholders, successors, assigns and directors. To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.
Incorporation by Reference
All policies referred to in these Terms or anywhere on the Mavryck Platform are hereby incorporated by reference, including but not limited to our Privacy Policy.
Terminating your Account and Subscription
Though we would much rather you stay, you can stop using the Mavryck Platform at any time. You can cancel your monthly or annual subscription any time before your next automated renewal date. However, we do not offer refunds for any cancellation, even on a prorated basis, for any unused portion of your monthly or annual subscription. Please contact us at [email protected] to request us to cancel your subscription and terminate your account.
We also reserve the right to suspend your account or access to our platform at any time, with or without reason or cause, and with or without notice. We make no representations or warranties as to the ongoing availability of our platform and we may elect to no longer offer our service.
You agree that the cancellation, suspension or termination of your account or access to the Mavryck Platform shall not terminate this agreement. In particular, and without limiting the generality of the foregoing, any provision concerning the limitation of our liability, your indemnification obligations, settling disputes (including the jurisdiction and choice of law) and the licenses you grant to us, including licenses in relation to your User Content and aggregate data, shall remain binding.
Assignment of this Agreement
These Terms shall enure to the benefit of and is binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement to any successor or assignee, whether pursuant to the purchase of the Mavryck Platform by a third party, the transfer of control of PM Intel Inc. or otherwise.
Right to Seek Injunction
Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.
Waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
New Features
Any new features that augment or enhance the Mavryck Platform, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms.
Entire Agreement
This is the entire agreement between you and us relating to the matters contained herein and shall not be modified except (i) by publication of a subsequent version of these Terms by us; or (ii) in writing, in an addendum or other agreement, signed by a duly authorized representative of PM Intel Inc.