Origami Terms of Service
This is a contract ("Terms") between you and Origami Accounting Inc ("we," "us," "our," "Origami"). These Terms apply whenever you use any of the sites, apps, products, or services ("Services") we offer, in existence now or created in the future. Further, we may automatically upgrade our Services, and these Terms will apply to such upgrades. By accessing or using the Services, you agree to be bound by these Terms. If you use our services on behalf of an organization, you agree to these terms on behalf of that organization. If you do not agree to these Terms, you may not use the Services.
You are responsible for safeguarding your password to the Services, making sure that others don’t have access to it, and keeping your account information current. You must immediately notify Origami of any unauthorized uses of your account or any other breaches of security. Origami will not be liable for your acts or omissions, including any damages of any kind incurred as a result of your acts or omissions.
Changes to these Terms
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know, for example by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using Origami within the designated notice period. Your continued use of Origami will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Our Intellectual Property
The Services and all materials contained therein, including, without limitation, Origami logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Origami Materials") are the property of Origami or its licensors or users and are protected by Canadian and international intellectual property laws. You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use Origami Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Monthly fees are charged in advance and must be paid on the first of each month. Catch up fees must be paid in two equal payments, the first half before we commence work and the second half 30 days after we commence work.
You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others’ use of the Services.
Disclaimer of Warranties
Origami makes no warranties of any kind with respect to Origami or your use of the Services.
Limitation of Liability
Origami shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, these Terms or your use of Origami. As a condition of access to Origami, you understand and agree that Origami’s liability shall not exceed $5.23.
You will indemnify, defend, and hold Origami, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys’ fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of Origami or (ii) your breach or alleged breach of any of these Terms. Origami may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Origami.
Under this agreement, the recipient (Origami and you) will use the other Party’s Confidential Information only to exercise rights and provide agreed upon services. The recipient will use reasonable care to protect against disclosure of Confidential Information.
Origami will not provide any third party with confidential information concerning the affairs of a client unless:
- We have been specifically authorized with prior consent;
- We have been ordered or expressly required by law or by the Alberta Code of Professional Conduct/Code of Ethics; or
- The information requested is (or enters into) public domain.
In performing our Services, we will send messages and documents electronically. As such communications can be intercepted, misdirected, infected by a virus or otherwise used or communicated by an unintended third party, we cannot guarantee or warrant that communications from us will be properly delivered only to the addressee. Therefore, we specifically disclaim, and you release us from any liability or responsibility whatsoever for interception or unintentional disclosure of communications transmitted by us in connection with the performance of the Services. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from such communications, including any that are consequential, incidental, direct, indirect, punitive, exemplary or special damages (such as loss of data, revenues, or anticipated profits).
If you do not consent to our use of electronic communications, you may not use the Services.
The working papers, files, other materials, reports and work created, developed or performed by us during the course of the Services are the property of Origami, constitute our confidential information and will be retained by us in accordance with our policies and procedures.
During the course of our work, we may provide, for your own use, certain software, spreadsheets and other intellectual property to assist with the provision of our services. Such software, spreadsheets and other intellectual property must not be copied, distributed or used for any other purpose. We also do not provide any warranties in relation to these items and will not be liable for any lost or corrupted data or other damage or loss suffered or incurred by you in connection with your use of them.
We retain the copyright and all intellectual property rights in any original materials provided to you.
These terms were originally sourced from Legalmattic.