These Terms of Service are a contract between you and SkyXoft Technologies, Inc. (referred to in these Terms of Service as "Tender", "us", "we" or "our"), the provider of the Tender website and the services accessible from the Tender website (which are collectively referred to in these Terms of Service as the "Tender Service").
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Tender Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.
- Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
- Registration Information. You must provide a valid permanent email address, along with any other information required by Tender during the registration process. One person or legal entity may not maintain more than one free account.
- Restrictions. You may not use the Tender Service for any illegal or unauthorized purpose. You must not, in the use of the
Tender Service, violate any laws in your jurisdiction, including, among other things, by:
- distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
- covering or obscuring any notice, legend, warning or banner contained on the Tender Service;
- interfering with or circumventing any security feature of the Tender Service or any feature that restricts or enforces limitations on use of or access to the Tender Service;
- infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
- being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Tender in its sole discretion; or
- deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
Payment, Refunds, Upgrading and Downgrading
A valid credit card is required for paying accounts unless your company pays for services annually, in which case payment via check or PayPal is acceptable. Free accounts are not required to provide a credit card number.
The Tender Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money back guarantee (see below). In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. You agree to pay for any taxes that might be applicable to your use of the Tender Service or payments made by you in connection with your use of the Tender Service.
30-day money back guarantee
If for any reason, you are unhappy with your Tender purchase, we do offer a 30-day money back guarantee. If you decide not to use Tender in your business within 30 days from your first payment, you may request a full refund. This applies to both annual and monthly subscriptions.
Violation of these Terms of Service
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Tender has no obligation to prescreen or monitor your access to or use of the Tender Service or any information, materials or other content provided or made available through the Tender Service, but has the right to do so. You hereby agree that Tender may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.
You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the "Subscription" page. The Account Owner, and in some cases Administrators with permission, are the only Users with access to this page.
Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. This information can be restored by request of the Account Owner to Tender for a 14-day period. Cancelled accounts cannot be recovered or restored from Tender following this 14-day period. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.
Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.
Tender reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.
Tender, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.
Modifications to the Tender Site and Prices
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Tender Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.
Prices of all Tender Service plans are subject to change. If Tender does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months notice via email.
We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Tender Service.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Tender Service. Your continued use of the Tender Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Tender Service, including the release of new tools and resources, will be subject to these Terms of Service.
Intellectual Property and Content Ownership
We claim no ownership rights over the content submitted or created exclusively by you in your Tender Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Tender Service to you.
Similarly, any reporting data we collect from your use of the Tender Service remains yours. By using the Tender Service you agree that we can use this data to provide the Tender Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the Tender Service.
The contents of the Tender Service are copyrighted under the Canada copyright laws (© 2018 - SkyXoft Technologies, Inc. dba Tender). Tender, and the Tender logos, are trademarks of Tender and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Tender Service.
In some cases, it is necessary for Tender employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Tender employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.
You agree to indemnify and hold Tender, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Tender Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.
The Tender Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Tender is a distributor and not a publisher of the content supplied by third parties; as such, Tender exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Tender Service. Without limiting the foregoing, Tender specifically disclaims all warranties and representations in any content transmitted on or in connection with the Tender Service or on sites that may appear as links on the Tender Service, or in the products provided as a part of, or otherwise in connection with, the Tender Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Tender or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Tender does not warrant that the Tender Service will be uninterrupted, uncorrupted, timely, or error-free.
Tender expressly disclaims confidentiality of any information which is transmitted via telephone, text message (SMS), or email. It is an unavoidable aspect of these methods of communication that information included in them can be intercepted and recorded by third parties, including parties other than those you intend the information to be received by. You understand and acknowledge this, and hold Tender harmless for any disclosure of information included contained in or used to address a phone call, email, or text message. You further understand and acknowledge that these methods of communication are not appropriate for all uses. You are solely responsible for ensuring that your communications and use of the service are appropriate, including that they satisfy privacy laws in your jurisdiction, including but not limited to health, education, and consumer privacy laws.
Limitation of Liability
Tender will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Tender Service, whether or not Tender is advised of the possibility of such damages. You acknowledge and agree that Tender's maximum liability to you will not exceed the amount you have paid Tender in the ninety (90) days immediately preceding the date on which you first assert a claim.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Tender Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
Jurisdiction and Venue
These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Ontario, Canada without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of Ontario and the federal courts situated in Ontario in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.