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Terms Of Service

Updated April 4, 2019

MYbusinessOS​ Terms of Service

By using the Service you agree to be bound by the terms of this Agreement.

These are the terms and conditions under which you may use MYbusinessOS (the “Service”) as it may exist from time to time, which is provided by RAF Enterprising Inc. (“RAF”). The Service may require the installation of software on your computers. The Service includes and this Agreement governs your use of both the online service and such software.

Copyright: © 2019 RAF Enterprising Inc. All rights reserved. The Service is owned by and copyrighted by RAF and its suppliers and contains trade­marks of RAF or others. You may not reproduce any part of the Service. Unauthorized use of the Service may violate copyright, trademark and other laws.

Term: You may use the Service for so long as you pay the required fees to RAF, or until RAF terminates your use of the Service as provided for herein.

License: ​RAF hereby grants to the Customer a non­exclusive, non­transferable license to use the Service on the terms contained herein. The Customer will not: (a) except to sublicense to its direct franchise operations ­reproduce, sell, rent, assign, lease, sublicense, distribute, serve third parties, market or commercially exploit, in any way, except as provided in this Agreement the Service or any component thereof; (b) use the Service for anything other than for its own internal use; (c) use the Service except as authorized herein; (c) remove, modify or obscure any watermark or any copyright, trademark or other proprietary rights notices that appear on the Service; or (d) use the Service for purposes proscribed by RAF from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of RAF’s services.

Fees​: Customer will pay fees as agreed on service sign­up, plus applicable taxes. RAF may change any fees payable under this Agreement, after the first 18 months of this contract, by giving at least 60 days written notice in advance. Late payments will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).

Authentication:​ Access to the Service requires a valid GSuite or Microsoft account. As added security, RAF also provides two factor authentication (Yubikey). It is your responsibility to protect that information, including using effective passwords that are not easily guessed or discoverable, and keeping usernames and passwords confidential.

Ownership:All patent, copyright, trade­mark, trade secret, source code, internet domain, and other intellectual and intangible property rights relating to the Service are the sole and exclusive property of RAF.

RAF acquires no ownership or use rights to any information placed on the Service by the Customer. RAF will process that information only as instructed by the Customer. RAF will delete or return that information at the end of the term as instructed by the Customer.

Training and Support: ​Basic training material for end users of the Service is available online. Support consists of online self­-service help, which the Customer will make reasonable efforts to utilize first, and if needed, e­mail support as outlined on the website.

Termination:​ RAF, in its sole discretion and without prior notice, may terminate this Agreement or your use of the Service in whole or in part if (a) Customer fails to pay fees when due; (b) Customer fails to comply with any provision of this Agreement or uses the Service beyond the scope described herein; (c) Customer attempts to assign, sub­license, or otherwise transfer any of its rights under this Agreement without the consent of RAF; or (d) Customer files an assignment in bankruptcy or is or becomes bankrupt and/or insolvent, upon the appointment of a receiver for all or substantially all of the property or assets of the Customer, upon the making of any assignment or attempted assignment for the benefit of creditors or on the institution by Customer of any act or proceeding for the winding up of its business.

RAF may terminate this Agreement by giving at least twelve months’ notice if it decides to stop offering the Service to customers generally, or to customers in certain jurisdictions. The Customer may terminate this Agreement at any time by providing RAF with at least thirty days’ notice.

Limited Warranty​: RAF will use reasonable efforts to keep the Service operational and secure on a continuing basis, but does not warrant that the Service is error free, that it will operate without problems or without interruption.  RAF may alter or improve the Service from time to time, provided functionality is not decreased.  RAF will use reasonable efforts to enforce any service level and warranty obligations of its suppliers.  Notwithstanding anything else contained in this Agreement, RAF’s warranties and liabilities for any matters arising from service or software provided by its third party providers shall not exceed those provided to RAF from such third parties.

All promises made by RAF are contained in this Agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, non­infringement, or otherwise) apply. You cannot collect any damages from RAF for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the amount paid by you to RAF hereunder for the Services for a 6 month period.

RAF relies on these limitations when entering this Agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this Agreement has failed in its fundamental or essential purpose or been fundamentally breached.

Governing Law:​ This Service is governed by the laws of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against RAF shall take place in the courts of Ontario. The parties attorn to the non­exclusive jurisdiction of the courts of Ontario.

Confidentiality:  Confidential Information is all information of either party that is not generally known to the public, whether of a technical, business or other nature (including, without limitation, trade secrets, know-how and information relating to technology, business plans, assets, liabilities, finances, or any information placed on the Service by the Customer), that is disclosed by a party to the other or that is otherwise learned by the other in the course of its discussions or business dealings with the other.

Confidential Information shall not include (except for any personally identifiable information about an individual that relevant privacy legislation or policies do not allow to be disclosed):  (a) any Confidential Information that is in the public domain at the time of its disclosure or which thereafter enters the public domain through no action of the receiving party, direct or indirect, intentional or unintentional; (b) any Confidential Information which the receiving party can demonstrate was in its possession or known to it prior to its receipt, directly or indirectly, from the other party; (c) any Confidential Information that is disclosed to the receiving party by another party not in violation of the rights of the other party or any other person or entity; and (d) any Confidential Information which is either compelled by law or by the order of a court of competent jurisdiction to be disclosed.

The parties shall (i) not use Confidential Information for any purpose other than contemplated by this Agreement; (ii) not disclose Confidential Information to anyone without the prior written authorization of the disclosing party, during the term of this Agreement or at any time thereafter; (iii) handle, preserve and protect Confidential Information with at least the same degree of care that it affords or would afford to its own Confidential Information, including taking all reasonable efforts to avoid disclosure of such Confidential Information to any third party, at any time; (iv) disclose Confidential Information only to its employees or subcontractors who require such information in order to perform the party’s obligations with the other, and are under confidentiality obligations.

Privacy:​ See RAFs’ privacy policy which forms part of these terms.

Prior Agreement:  This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral.  No oral or written representation that is not expressly contained in this License is binding on either party.  This Agreement cannot be amended or modified, other than by a change made in writing, dated and executed by the parties.

Google and Microsoft Integration Services: RAF is not responsible for Google’s or Microsoft’s use of data provided to the 3rd party provider by the user. RAF’s Google & Microsoft integration is used only in the course of providing the Service.

Change Terms:​ RAF may change these terms by posting notice on its site.

Contact​ Contact information is provided at support.mybusinessos.com/contact