Terms and Conditions
Last updated: November 05, 2023
OVERVIEW
These are the terms of service ("Terms") for Practice.do ("the Company", "We", "Us" or "Our") which apply to all use of our software subscription service ("Service").
We reserve the right to amend these Terms from time to time and will alert you through email the new version of the Terms if that happens. Your continued use of the Service will be deemed to be acceptance of any new Terms.
We are incorporated in Canada under 10660191 CANADA INC. Our registered office is 3936 place Guay Montréal (Québec) H4C1G3.
We operate under the trade name Practice.do
ACCOUNT TERMS
- You must be 18 years or older to use this Service.
- You must be human. Registration by "bots" or other automated methods is prohibited and those accounts will be terminated.
- You must provide your legal full name, a valid email address, and any other information needed in order to complete the signup process.
- Only one human may use a given owner or member account.
- Information that you provide as part of registration is subject to our Privacy Policy. You are solely responsible for maintaining the confidentiality of your password. The Company cannot and will not be liable for any loss or damage resulting from your failure to maintain the security of your account and password. You may change your password at any time on your Account page.
- You are responsible for all content uploaded or created within the system and all activity that occurs under your account. This includes all activity and content posted by your clients or members who have accounts under your account.
- You must not transmit any worms, viruses, or code of a destructive nature.
- You may not use the Service for any illegal or unauthorized purpose, including but not limited to copyright laws.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
- New users who sign up for an account will receive a 7-day free trial. Users must enter their credit card prior to the start of trial but will not be charged until after 7 days.
- The Service is billed in advance on a monthly basis. It is entirely non-refundable. There will be no refunds for partial months of service and no refunds for upgrading/downgrading your account. In the spirit of fairness, no exceptions will be made.
- Downgrading Service will result in instant access to the new plan. Any remaining time on the previous plan will be converted into credits and automatically applied toward the new plan's subscription. The billing and renewal date will remain unchanged.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- When you upgrade or downgrade your Service, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
- If the credit card that you provided becomes invalid, upon the next billing cycle your account will be suspended for a maximum of 30 days until a valid credit card is provided. After 30 days, your account may be terminated.
- Loss of content, features, and/or the capacity of your Account may result from downgrading your Service plan. The Company does not accept any liability for such loss.
CANCELLATION AND TERMINATION
- You can cancel your subscription at any time by contacting us via email or through our platform. Access to the platform will continue until the end of your subscription period. Early cancellations will not result in a refund.
- Once your account is canceled, your content will continue to be stored on our platform for 1 year. This enables you to restart your subscription without the loss of content. Deletion of all data is final and cannot be recovered once after that. Please make sure you have backed up or otherwise recorded all of your data from the system.
MODIFICATIONS TO THE SERVICE AND PRICES
The Company, in its sole discretion and at any time, may modify the Service fees. Any Service fee change will become effective at the end of the then-current subscription period.
The Company will provide you with reasonable prior notice of any change in Service fees to give you an opportunity to terminate your subscription before such change becomes effective.
Your continued use of the Service after the service fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
GENERAL CONDITIONS
- We reserve the right to refuse service to anyone at any time for any reason.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Neither free trials nor paid subscriptions to the Service include any expressed, implied, or statutory warranty or condition.
- We are only obligated to provide technical support to paying account holders. We will provide support to non-paying customers at our sole discretion. Support is only available through email, FAQs, and forums.
- We use third-party vendors and hosting partners to provide the necessary hardware, software, networking, credit card processing, storage, and related technology required to run the Service.
- You must not in any way modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with Practice.do, the Service, or the Company.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the Company.
- We claim no intellectual property rights over the material you provide to the Service. Your profile, user-created content, and uploaded materials remain yours. However, by giving your login details to another person or by inviting clients to use the system, you agree to allow others to view and share your content.
- We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Practice.do customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content but excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information will always be encrypted during transfer over networks.
- We will not be liable for any files that are lost and/or corrupted (including, for example, from a system crash, security breach, or hard disk failure).
- You must not transmit or upload files containing any worms, trojan horses, viruses or any code of a destructive nature.
- Practice.do does not warrant any of the following:
- the Service will meet your specific requirements,
- features will be added or modified based on any customer requests,
- the Service will be uninterrupted, timely, secure, or error-free,
- the results that may be obtained from the use of the Service will be accurate or reliable,
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
- any errors in the Service will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the Service;
- or any other matter relating to the Service.
- You agree that you and Practice.do will mutually indemnify one another against claims arising from third parties in conjunction with your usage (defined as your personal usage plus that of all other users under your account) of the service, namely:
- The Company agrees to defend indemnity and hold harmless you from any and all claims, liabilities, losses, expenses (including reasonable attorneys’ fees), fines, penalties, taxes, or damages from infringement by the Service on a third party’s intellectual property rights, and
- you agree to defend indemnity and hold harmless Practice.do from any and all claims, liabilities, losses, expenses (including reasonable attorneys’ fees), fines, penalties, taxes, or damages arising out of or relating to any actual or alleged breach by your account of any covenant, representation or warranty of these Terms, or any use or misuse by your account of the Service, or arising from infringement by your account on a third party’s intellectual property rights.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Practice.do and govern your use of the Service, superseding any prior agreements between you and Practice.do (including, but not limited to, any prior versions of the Terms of Service).
FURTHER INQUIRIES
For more information about Practice.do, feel welcome to reach out with any questions to support@practice.do.