Terms of Service
1. SERVICE LEVEL AND SUPPORT
1.1. Subject to the terms of this Agreement, Milo Plans app will use commercially reasonable efforts to provide Customer the Service.
1.2. Subject to the terms hereof, Milo Plans app will provide Customer with reasonable technical support in accordance with Milo Plans app’s standard practice.
2. CUSTOMER RESPONSIBILITIES
2.1. Customer represents, covenants, and warrants that Customer will use the Service in compliance with this Agreement and all applicable laws and regulations. Milo Plans app may monitor Customer’s use of the Service and may prohibit any use of the Service it believes may be in violation of the foregoing.
2.2. Customer shall be responsible for obtaining and maintaining any equipment and/or ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, network equipment and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer accounts, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer accounts or the Equipment with or without Customer’s knowledge or consent.
3.1. Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Confidential Information”). Confidential Information of Milo Plans app includes, but is not limited to, information regarding features, functionality and performance of the Service. Confidential Information of Customer includes all non-public business, operational, user and client data provided by Customer to Milo Plans app (“Customer Data”).
The Receiving Party agrees to: (i) take reasonable precautions to protect such Confidential Information, and (ii) not use (except in performance of the Service or as otherwise permitted herein) or divulge to any third person any such Confidential Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Confidential Information of the Disclosing Party or (e) is required to be disclosed by law.
3.2. Customer shall own all right, title and interest in and to the Customer Data. Milo Plans app shall own and retain all right, title and interest in and to (a) the Service and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Services or support, and (c) all intellectual property rights related to any of the foregoing.
3.3. Milo Plans app shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (including, without limitation, Customer Data and data derived therefrom), and Milo Plans app will be free during and after the Term to (i) use such information and data to improve and enhance the Service and for other development purposes in connection with the Service and other Milo Plans app offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
4. PAYMENT OF FEES
4.1. Customer will pay Milo Plans app the fees described in the Order Form for the Service and Implementation Services in accordance with the terms therein (the “Fees”). If Customer’s use of the Service exceeds the Service Capacity set forth on the Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Milo Plans app reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Service Term or then current renewal term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes it has been charged incorrectly, Customer must notify Milo Plans app within 60 days for an adjustment.
4.2. Milo Plans app may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Milo Plans app thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Service.
5. TERM AND TERMINATION
5.1. Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be transaction-based on a per Milo Plan sold basis (collectively, the “Term”). Either party may request termination at least thirty (30) days prior to the end of the then-current term.
5.2. In addition to any other remedies it may have, either party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Service up to and including the last day on which the Service are provided. Upon any termination, Milo Plans app will make all Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Milo Plans app may, but is not obligated to, delete stored Customer Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
6. WARRANTY AND DISCLAIMER
Milo Plans app shall use reasonable efforts consistent with prevailing industry standards to maintain the Service in a manner which minimizes errors and interruptions in the Service and shall perform the Implementation Services in a professional and workmanlike manner. Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Milo Plans app or by third-party providers, or because of other causes beyond Milo Plans app’s reasonable control, but Milo Plans app shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Milo Plans app does not warrant that the Service will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Service. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICE AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND Milo Plans app DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN- CLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
NOT WITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, Milo Plans app AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EM- PLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND MILO PLAN APP’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO MILO PLAN APP FOR THE SERVICE UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT MILO PLANS APP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Milo Plans app’s prior written consent. Milo Plans app may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. Any waivers or modifications to this Agreement must be in writing and signed or electronically executed by both parties, except as otherwise provided herein. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be deemed to have been duly given when received, if physically delivered; or when receipt is electronically confirmed, if transmitted e-mail. This Agreement shall be governed by the laws of Ontario, Canada without regard to its conflict of laws provisions.
It is Capitol Diagnostic Informatics Inc.’s (“Milo Plans app,” “we”, “our” or “us”) policy to respect your privacy regarding any information we may collect while operating our websites.
What information is collected
Information you provide us
Milo Plans app may collect the following personally identifying information:
- contact information including name, email address, username and billing address
- billing information including credit card details
- preferences or settings that determine a consistent experience on our service
- your internet protocol (IP) address
- feedback or requests for support
The amount and type of information that Milo Plans app gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at Milo Plans app to provide a username and email address. Those who engage in transactions with Milo Plans app – by purchasing a Milo Plan, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions.
Information we collect automatically
Like most website operators, Milo Plans app collects non-personally identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Milo Plans app’ purpose in collecting non-personally identifying information is to better understand how Milo Plans app’ visitors use its website. From time to time, Milo Plans app may release non-personally identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Milo Plans app may collect statistics about the behavior of visitors to its websites. For instance, Milo Plans app may monitor the most popular decks on the Milo Plans app website. Milo Plans app may display this information publicly or provide it to others.
How information is used
Milo Plans app uses information it collects to deliver Milo Plans app’s service to you and continuously enhance your experience. If you are a registered user of a Milo Plans app website and have supplied your email address, Milo Plans app may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Milo Plans app and our products. We primarily use our product blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users.
With whom information is shared
Milo Plans app uses certain third-party services to enhance your user experience, collect public information about visitors and collect and process payments securely.
Milo Plans app discloses personally-identifying information only to those of its employees, contractors and affiliated organizations that need to know that information in order to process it on Milo Plans app’ behalf or to provide services available at Milo Plans app’ websites, and that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country. By using Milo Plans app’ websites, you consent to the transfer of such information to them.
Additionally, Milo Plans app may disclose personally identifying information only in response to a subpoena, court order or other governmental request, or when Milo Plans app believes in good faith that disclosure is reasonably necessary to protect the property or rights of Milo Plans app, third parties or the public at large.
Milo Plans app will not rent or sell personally identifying information to anyone.
If Milo Plans app, or substantially all of its assets, were acquired, or in the unlikely event that Milo Plans app goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Milo Plans app may continue to use your personal information as set forth in this policy.
How you can control the information we collect
Milo Plans app collects personally-identifying information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Milo Plans app. Milo Plans app does not store credit card details that are entered at the time of purchase, that information is sent directly to Stripe (our payment processor) and we only store the necessary references to your account such that we can securely interact with our payment processor. You can control which information you supply at any time, with the caveat that it may prevent you from engaging in certain website-related activities.
Accessing, correcting, and deleting your personal data
You have certain rights with respect to your personal data, and we want to help you review and update your information to ensure it is accurate and up to date.
If you have a Milo Plans app account, you can accomplish most of the following by logging into your account. For more information or any additional requests, you can contact us via firstname.lastname@example.org.
- Access: You can request more information about the personal data we hold about you and request a copy of such personal data.
- Rectification: If you believe that any personal data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.
- Erasure: You can request that we erase some or all of your personal data from our systems. If you wish to erase all of your personal data, you can sign in and delete your user account from the account settings page.
- Portability: You can ask for a copy of your personal data in a machine-readable format.
How information is protected
Milo Plans app takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally identifying and personally identifying information. Your account is protected by a password you set and are responsible for keeping safe. When entering information into our system such as passwords or financial information, all if this is done securely using SSL.
How you may contact us
Capitol Diagnostic Informatics, Inc.
Attn: Data Protection Officer
151 Charles Street W.