THESE TERMS OF USE GOVERN YOUR ACCESS TO AND USE OF THE SOLUTION AND ASSOCIATED FEATURES, MODULES, APPLICATIONS AND SERVICES (COLLECTIVELY, THE “SOLUTION”) PUBLISHED, OWNED, LICENSED AND OPERATED BY BRIGHTSQUID SECURE COMMUNICATIONS CORP. (“BRIGHTSQUID”).
ACCESS AND USE OF THE SOLUTION IS PROVIDED BY BRIGHTSQUID TO YOU ON THE CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THE SOLUTION OR ANY PART THEREOF, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THE SOLUTION.
These Terms of Use govern all use and users of the Solution and apply regardless of the specific features, modules, applications and/or services of or related to the Solution for which you may subscribe or use, whether for healthcare purposes, business purposes, or as a patient. Additional terms and conditions may also apply with respect to third-party services directly accessible through the Solution and will be clearly indicated where applicable to the functionalities you have selected.
You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into these Terms of Use and to perform and otherwise discharge all of your obligations hereunder.
Brightsquid may modify these Terms of Use from time to time and such modification shall be effective upon posting by Brightsquid at brightsquid.com/pages/brightsquid-application-terms-of-use. You agree to be bound to any changes to these Terms of Use when you use the Solution after any such modification is posted. It is therefore important that you review these terms of use regularly to ensure you are updated as to any changes.
You may not interfere with the security of, or otherwise abuse the Solution or any websites, system resources, services or networks connected to or accessible through the Solution. You may only use the Solution for lawful purposes.
Jurisdiction and Age
If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these terms of use according to age and you are under such a jurisdiction and under such age limit, you may not enter into these Terms of Use or use the Solution.
Furthermore, if you are residing in a jurisdiction where it is forbidden by law to use the services offered by the Solution, you may not enter into these Terms of Use or use the Solution.
By using the Solution you are explicitly stating that you have verified in your own jurisdiction if your use of the Solution is allowed. Your profile may be deleted and these Terms of Use may be terminated without warning, if we believe that you are under age or your use of the Solution is not allowed.
User Accounts
You may be required to open an account or to otherwise authenticate your identity in order to use the Solution. To open an account you must complete the registration process by providing complete and accurate information requested on the registration form. You may be asked to provide a username and password. Patient users may not be required to open an account, but will be required to authenticate their identity based on information provided by their healthcare practitioner in order to access the Solution and interact with their healthcare practitioner through the Solution.
Where we offer you the ability to choose your own username(s) in connection with the Solution, we will use reasonable efforts to assign such username(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any username that (i) has already been assigned, (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve username(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade-name, trademark, registered trademark, service mark, or proprietary or other rights of another. Where we reject a requested username, we may, in our sole discretion, assign an alternate username, ask you to select another username or terminate these Terms of Use.
You agree that you are entirely responsible for maintaining the confidentiality of your username and password and that Brightsquid and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.
You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such other user.
In some cases, the Solution may permit you to create a family account so that you may use same for the benefit of your spouse or child(ren). You are responsible for each use that is made of such account for your, your spouse’s or your child(ren)’s benefit. You are responsible for obtaining and maintaining all necessary consents and permissions for each such use. For clarity, these Terms set out circumstances in which you may use the Solution on behalf of another individual, and where you are doing so (as permitted), references to “you” and “your” in these Terms include the child or other individual listed in your account for whom you using the Solution.
You acknowledge and agree that you shall be responsible for each and every access, use or employment of the Solution (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that Brightsquid is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of the Solution.
You agree to notify Brightsquid immediately of any unauthorized use, theft or misappropriation of your account, username, or password. Brightsquid shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
You may deactivate your user account at any time, for any reason, by contacting Brightsquid. Please see our Privacy Policy brightsquid.com/brightsquid-application-privacy-policy in relation to our management of requests for deactivation of a User Account.
Health Care & Health Information
Brightsquid provides the Solution for a range of uses which may have application in a wide range of fields. Brightsquid recognizes that certain additional considerations are applicable with respect to use of the Solution by healthcare practitioners and their patients, and accordingly notes as follows with respect to healthcare use.
You may use the Solution to interact with your health care practitioner (including, their office or clinic), other health care practitioners or your patient. Brightsquid is not a health care provider; Brightsquid acts as an information management services provider to the applicable healthcare provider with respect to the services provided through the Solution. The Solution (and its related services) enables the exchange of information between health care practitioners and their patients and other health care practitioners. Health care practitioners are regulated and licensed by various public or regulatory bodies. Should you have any questions about your health care practitioner please direct such questions directly to them or the applicable regulatory body. For example, the relationship between you and your physician is a physician-patient relationship. Brightsquid is not a party to that relationship. Each health care practitioner is independent of Brightsquid and is solely responsible for any health services they provide to you, and is responsible for obtaining and managing consent from each individual patient prior to disclosing their personal information in the Solution.
In some instances, a professional user may establish an account for their office(s) or clinic(s); this account may be accessible by such health care practitioner, the other health care practitioners who are part of such office or clinic, and their staff. When you communicate with such an account, you are consenting to your information being accessible by each of them.
THERE ARE RESTRICTIONS ON THE HEALTH CARE SERVICES THAT CAN BE PROVIDED THROUGH THE SOLUTION. YOU MUST NOT USE THE SOLUTION FOR EMERGENCY MEDICAL NEEDS. IF YOU BELIEVE THAT YOU ARE DEALING WITH A MEDICAL EMERGENCY, CALL 911 (OR YOUR LOCAL EMERGENCY NUMBER) IMMEDIATELY OR ATTEND YOUR NEAREST EMERGENCY ROOM.
If you are a health care practitioner, additional terms may apply to your use of the Solution. Please refer to the appropriate document identified below to review the additional terms applicable to your use of the Solution (“Additional Terms”):
Alberta Information Management Agreement for Medical Practices
health.brightsquid.com/pdf/A-754-004_Information_Manager_Agreement-Medical.pdf
Information Management Agreement for Dental Practices
health.brightsquid.com/pdf/A-754-003_Information_Manager_Agreement-Dental.pdf
United States of America Business Associate Agreement (HIPAA)
health.brightsquid.com/pdf/A-754-002_BAA_Form.pdf
In the event of any conflict between these Terms of Use and the applicable Additional Terms, the applicable Additional Terms shall govern.
Privacy & Data Transparency
Brightsquid is committed to respecting the privacy of the personal information of all individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who use the Solution. Please see our Privacy Policy brightsquid.com/brightsquid-application-privacy-policy for further details. By using the Solution, you hereby consent to the data usage and sharing associated with the specific features, modules, applications and/or services for which you subscribe or use, as further described below for your reference. As noted above, your consent to initial use of the Solution may also be managed by your healthcare practitioner where applicable.
A high level description of the data usage and sharing associated with the current features, modules, applications and/or services of or related to the Solution which you may subscribe for or use are as follows:
| Application | Primary Data Use | Supporting and Secondary Data Use |
| Secure-Mail | Exchange of health or other sensitive information between professional and patient account holders. Consent of the subject individual is managed by the account holder. | Credit card information is processed by third party payment processor.Usage data is tracked and aggregate reports may be provided upon request to the applicable user groups, such as the number of messages sent/received within a clinic group.Integration with third party systems such as Alberta’s patient portal; users may choose to link accounts.Access by Brightsquid for support and service improvement purposes. |
| Caleo eConsultations | Exchange of health data between referring and consulting providers as well as patients. | Credit card information processed by third party payment processor.Creation of patient transaction-based invoices.Access by Brightsquid for support and service improvement purposes. |
| EMD Consults | Exchange of health data between referring and consulting providers as well as patients. | Creation of patient transaction-based invoices.Access by Brightsquid for support and service improvement purposes. |
| Brightshare | Collection of COVID symptoms, vaccine history, and contact history anonymized data is shared with the uCalgary research team in accordance with user research agreement. | Access by Brightsquid for support and service improvement purposes. |
| Appointment App | Exchange of patient appointment information for booking within the clinic’s EMR. | Access by Brightsquid for support and service improvement purposes. |
| Care Plan App | Exchange of health data between providers and patients. | Usage data is tracked and aggregated and anonymized. Access by Brightsquid for support and service improvement purposes. |
Where you have authorized Brightsquid to do so, Brightsquid will provide information to you regarding additional Solution functionalities and/or third party service offerings that Brightsquid thinks may be of interest to you based on your indicated interests and preferences. Your use of any such additional functionality or third party service offering is entirely at your own discretion and may be subject to additional terms and conditions. Brightsquid does not provide your identifiable information to any of its third party partners.
Our systems may also collect information related to your use of the Solution. We use this information to monitor our system performance (such as number of visits, average time spent, page views), to enable us to operate and manage our systems and services and to better understand our user community so that we can work to continually upgrade our systems and services.
For greater certainty, you acknowledge and agree that Brightsquid shall have the right to compile and analyze information and data about your use of the Solution on an aggregated, non-personal, and de-identified basis (“Analytical Data”) and to share or otherwise disclose such Analytical Data with affiliates, agents, customers, and business partners, and to retain it for future use. For greater certainty, any Analytical Data disclosed by Brightsquid shall be free from any identifiable personal information. The rights granted to Brightsquid above shall survive termination of your account and use of the Solution.
Further, you acknowledge and agree that access to and use of the Solution (and any of its related services) is provided via the Internet. Information stored in the Solution is stored in Canada, but may be accessible in other jurisdictions via the Solution.
Acceptable Use
You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through the Solution. Brightsquid does not condone or allow spam. You agree that you will not use the Solution to send unsolicited commercial or other e-mail.
You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in any way use, or permit to be used, the Solution, to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate. You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation). Although Brightsquid is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you. You acknowledge and agree that you shall be responsible and liable for all uses made by you of the Solution.
You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Brightsquid’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use. Brightsquid may, without notice, temporarily suspend your, or any other parties, access to the Solution (and any of its related services), (including, without limitation, any specific areas hosted within the Solution) by deactivating any password(s) or links to the Internet if Brightsquid reasonably suspects that you, or any other parties, are obtaining unauthorized access to Brightsquid’s other systems or information, or are using otherwise valid user identifications or passwords in any other unauthorized manner. These suspensions will be for such periods of time as Brightsquid may reasonably determine is necessary to permit the thorough investigation of such suspended activity.
In addition, you agree that you will not (i) remove or alter any copyright, trademark, brand elements or other proprietary notices; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Solution, except as expressly permitted by Brightsquid; (iii) link to, mirror or frame any portion of the Solution; (iv) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Solution, or unduly burdening or hindering the operation and/or functionality of any aspect of the Solution.
Brightsquid Materials
Brightsquid may make certain software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively “Brightsquid Materials“) available to you from the Solution. If you download or use Brightsquid Materials, you agree that such materials: (i) may only be used for the purpose for which they were provided, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Brightsquid’s prior written permission, and (iii) shall be only be used in compliance with any license terms accompanying such materials. Brightsquid does not transfer either the title or the intellectual property rights to the Brightsquid Materials, and Brightsquid and its licensors retain full and complete title to the Brightsquid Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the Brightsquid Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any Brightsquid Materials into a human-perceivable form. Brightsquid or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.
The Solution, (including its organization and presentation and Brightsquid Materials) is the property of Brightsquid and its licensors and may be protected by intellectual property laws including laws relating to patents, copyrights, trade-marks, trade-names, internet domain names and other similar rights.
Brightsquid Materials are provided for information purposes only and do not constitute, nor should they be relied upon as, medical or health care advice or any endorsement, representation or warranty regarding the safety, appropriateness or effectiveness of any particular treatment or medication for you. Brightsquid does not provide any health care services.
Your Materials
When you load or create materials (including files, text, video, audio and images contained in or generated by such materials and accompanying data) on the Solution (“User Materials”) you are granting Brightsquid, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use your User Materials in connection with the operation of the Solution. By loading or creating User Materials on the Solution, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to load or create such User Materials and that such User Materials do not violate any applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.
You are solely responsible for your User Materials. You are solely responsible for making and keeping back up copies of your User Materials and for applying the appropriate level of access rights to same. Brightsquid shall not be responsible or liable for the deletion or accuracy of any User Materials.
You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of the Solution and agree to obtain and maintain all such consents or permissions throughout the term of these Terms of Use.
Fees for Related Services
Brightsquid may, from time to time, provide certain services through or related to the Solution (such as implementation and/or onboarding services) on a fee basis. Where you elect to receive such services, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such services as more particularly set out in the order confirmation provided at the time that you ordered such services.
We may amend the Solution and any of its related services and/or the amounts that we charge for same at any time, without prior notice. Fees do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. If Brightsquid terminates these Terms of Use because of your breach of its terms, you shall not be entitled to the refund of any unused portion of any fees you have already paid. You agree that Brightsquid may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due.
Support for Brightsquid Solution
Brightsquid provides customer support services for the Solution as described at: https://support.brightsquid.com.
Users who require assistance to register, access or modify their account may contact the Support Team via their preferred channel:
Phone – 800 238 6503 / 587 393 6645
Email – support@brightsquid.com
Live Chat – https://support.brightsquid.com
Self-help customer support documentation is also available at https://support.brightsquid.com.
Brightsquid Service Level Agreement
Brightsquid works with its customers to ensure that reported technical issues are prioritised and resolved appropriately, in accordance with the Brightsquid Service Level Agreement available at: https://support.brightsquid.com/hc/en-us/articles/4784313288980-Brightsquid-Service-Level-Agreement.
Currency of Solution
Brightsquid may make information or related resources available to you through the Solution. Brightsquid may update such information and related resources periodically. However, Brightsquid cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information or related resources on the Solution. Brightsquid may revise, supplement or delete information and/or the resources contained in the Solution and reserves the right to make such changes without prior notification to past, current or prospective visitors or users.
Linked websites and services
The Solution may provide links to third party websites or service offerings for your convenience only. The inclusion of these links does not imply that Brightsquid monitors or endorses these websites or services. Brightsquid does not accept any responsibility for any third party website or service. Brightsquid shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites, services, or linked resources.
Internet software or computer viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on the Solution. Computer viruses or other destructive programs may also be inadvertently downloaded from the Solution.
Brightsquid shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on the Solution or your downloading of any of the Brightsquid Materials or User Materials (collectively, “Materials“) from the Solution. Brightsquid recommends that you install appropriate anti-virus or other protective software.
Brightsquid is not liable for your information stored or recorded by any computer, tablet, mobile device or any network, whether public or private, that you may use to access the Solution.
Solution and Materials Provided “As Is”
THE SOLUTION, ITS RELATED SERVICES AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BRIGHTSQUID DOES NOT REPRESENT OR WARRANT THAT THE SOLUTION OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT BRIGHTSQUID IS NOT LIABLE IN ANY WAY FOR THE RELIABILITY, VALIDITY, ACCURACY, COMPLETENESS, INTEGRITY, QUALITY OR TIMELINESS OF ANY MATERIALS OR OTHER CONTENT AVAILABLE THROUGH THE SOLUTION, AND THAT YOUR USE OR NON-USE OF, AND YOUR RELIANCE OR NON-RELIANCE ON, ANY SUCH MATERIALS OR CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SOLUTION, ITS RELATED SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL BRIGHTSQUID OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF HEALTH, BUSINESS OR OTHER INFORMATION, OR ANY OTHER SIMILAR LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SOLUTION, ITS RELATED SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN EVERY EVENT, BRIGHTSQUID’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SOLUTION, ITS RELATED SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE GREATER OF THE AMOUNT PAID OR PAYABLE BY YOU TO BRIGHTSQUID FOR THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY AND FIVE HUNDRED ($500.00) CDN DOLLARS (THE “STANDARD LIABILITY CAP”). AS IT RELATES TO CLAIMS RELATING TO A BREACH OF BRIGHTSQUID’S CONFIDENTIALITY OR PRIVACY OBLIGATIONS UNDER THESE TERMS OF USE OR TO BRIGHTSQUID’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT, THE LIABILITY CAP WILL BE TWO TIMES (2X) THE STANDARD LIABILITY CAP.
THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR BRIGHTSQUID TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY BRIGHTSQUID, BRIGHTSQUID WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Brightsquid harmless against all claims or liability asserted against Brightsquid arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.
Feel free to email your comments, suggestions and feedback (collectively, “Feedback”) to Brightsquid at the e-mail addresses provided in the Solution. However, the Internet is not a fully secure medium and any Feedback may be lost, intercepted or altered. You agree with respect to any Feedback provided by you to us via e-mail that: (i) Brightsquid has no obligation concerning such Feedback; (ii) Feedback is non-confidential; (iii) Brightsquid may use, disclose, distribute or copy the Feedback and may use any ideas, concepts or know-how contained in the Feedback for any purpose; and (iv) the Feedback is truthful and disclosure of the Feedback does not violate the legal rights of others.
Access Related to Alleged Violations
To ensure that Brightsquid provides a high-quality experience for you and for other users of the Solution (and any of its related services), you agree that Brightsquid or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Solution (and any of its related services), and you agree to give Brightsquid full access to your account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records.
Brightsquid does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but Brightsquid reserves the right to terminate your account or your access to the Solution (and any of its related services) immediately, with or without notice to you, and without liability to you, if Brightsquid believes that you have violated any of these Terms of Use, furnished Brightsquid with false or misleading information, or interfered with use of the Solution by others.
Term and Termination
Brightsquid may, from time to time, but is in no way obligated to, permit you to access and use the Solution in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree that access to the Solution may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Brightsquid shall not, in any event, be responsible to you in any way should you be unable to access the Solution at any time or from time to time.
Brightsquid may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use the Solution and/or terminate these Terms of Use or any of the licenses granted hereunder. Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist all use of the Solution (and any of its related services).
Applicable law
The Solution is controlled, operated and administered by Brightsquid from within the Province of Alberta, Canada. The Solution can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing the Solution, you acknowledge and agree that all matters relating to access to or use of the Solution shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.
WHERE PERMITTED UNDER THE APPLICABLE LAW, WE EACH AGREE THAT EACH OF US WILL BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH OF US AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
General
Brightsquid’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
You shall not assign these Terms of Use or any of your rights hereunder without the prior written consent of Brightsquid.
Your obligations under these Terms of Use will survive the termination of these Terms of Use, or of any license granted under these Terms of Use, for whatever reason.
If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s’y rattachent soient en anglais.