Terms and Conditions
====================
Last updated: Dec 20, 2019
These Terms and Conditions ("Terms", "Terms and Conditions") govern your
relationship with Breakthrough Apps mobile application (the "Service")
operated by Breakthrough Apps ("us", "we", or "our").
Please read these Terms and Conditions carefully before using our mobile application (the "Service").
Your access to and use of the Service is based on your acceptance of and
compliance with these Terms. These Terms apply to all visitors, users and
others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and
accept all legal consequences. If you do not agree to these terms and
conditions, in whole or in part, please do not use the Service.
Subscriptions
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Some parts of the Service are billed on a subscription basis
("Subscription(s)"). You will be billed in advance on a recurring and periodic
basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual
basis, depending on the type of subscription plan you select when purchasing a
Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew
under the exact same conditions unless you cancel it or Breakthrough Apps
cancels it. You may cancel your Subscription renewal either through your
online account management page or by contacting Breakthrough Apps customer
support team.
A valid payment method, including credit card, is required to process the
payment for your Subscription. You shall provide Breakthrough Apps with
accurate and complete billing information including full name, address, state,
zip code, telephone number, and a valid payment method information. By
submitting such payment information, you automatically authorize Breakthrough
Apps to charge all Subscription fees incurred through your account to any such
payment instruments.
Should automatic billing fail to occur for any reason, Breakthrough Apps will
issue an electronic invoice indicating that you must proceed manually, within
a certain deadline date, with the full payment corresponding to the billing
period as indicated on the invoice.
Free Trial
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Breakthrough Apps may, at its sole discretion, offer a Subscription with a
free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for
the Free Trial.
If you do enter your billing information when signing up for the Free Trial,
you will not be charged by Breakthrough Apps until the Free Trial has expired.
On the last day of the Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and without notice, Breakthrough Apps reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel such
Free Trial offer.
Fee Changes
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Breakthrough Apps , in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the then-current Billing Cycle.
Breakthrough Apps will provide you with a reasonable prior notice of any
change in Subscription fees to give you an opportunity to terminate your
Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
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Except when required by law, paid Subscription fees are non-refundable.
Accounts
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When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.
You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use
of your account.
Links To Other Web Sites
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The Service may contain links to third-party web sites or services that are
not owned or controlled by Breakthrough Apps .
Breakthrough Apps has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that Breakthrough Apps 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 use of or reliance on
any such content, goods or services available on or through any such websites
or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
Termination
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We may terminate or suspend access to our Service immediately, without prior
notice or liability, for any reason whatsoever, including, without limitation,
if you breach the Terms.
All provisions of the Terms shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you
wish to terminate your account, you may simply discontinue using the Service.
Indemnification
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You agree to indemnify, defend and hold harmless Breakthrough Apps , its
principals, officers, directors, representatives, employees, contractors,
licensors, licensees, suppliers and agents, from and against any claims,
losses, damages, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting
from your use of the Service; (b) your breach of any of these Terms; (c)
anything you post on or upload to the Service; and (d) any activity related to
your account. This includes any negligent or illegal conduct by you, any
person or entity accessing the Service using your account whether such access
is obtained via fraudulent or illegal means.
Limitation Of Liability
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Breakthrough Apps , its directors, employees, partners, agents, suppliers, or
affiliates, shall not be liable for any loss or damage, direct or indirect,
incidental, special, consequential or punitive damages, including without
limitation, economic loss, loss or damage to electronic media or data,
goodwill, or other intangible losses, resulting from (i) your access to or use
of the Service; (ii) your inability to access or use the Service; (iii) any
conduct or content of any third-party on or related to the Service; (iv) any
content obtained from or through the Service; and (v) the unauthorized access
to, use of or alteration of your transmissions or content, whether based on
warranty, contract, tort (including negligence) or any other claim in law,
whether or not we have been informed of the possibility of such damage, and
even if a remedy set forth herein is found to have failed of its essential
purpose.
Disclaimer And Non-Waiver of Rights
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Breakthrough Apps makes no guarantees, representations or warranties of any
kind as regards the website and associated technology. Any purportedly
applicable warranties, terms and conditions are excluded, to the fullest
extent permitted by law. Your use of the Service is at your sole risk. The
Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is
provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or course of performance, except as
provided for under the laws of any province in Canada. In such cases, the
provincial law shall apply to the extent necessary.
Breakthrough Apps its subsidiaries, affiliates, and its licensors do not
warrant that a) the Service will function uninterrupted, secure or available
at any particular time or location; b) any errors or defects will be
corrected; c) the Service is free of viruses or other harmful components; or
d) the results of using the Service will meet your requirements.
If you breach any of these Terms and Breakthrough Apps chooses not to
immediately act, or chooses not to act at all, Breakthrough Apps will still be
entitled to all rights and remedies at any later date, or in any other
situation, where you breach these Terms. Breakthrough Apps does not waive any
of its rights. Breakthrough Apps shall not be responsible for any purported
breach of these Terms caused by circumstances beyond its control. A person who
is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under
these Terms.
Exclusions
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As set out, above, some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you. Provincial
laws of Canada may apply to certain products and service provided.
Governing Law
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These Terms shall be governed by, and interpreted and enforced in accordance
with, the laws in the Province of Ontario and the laws of Canada, as
applicable.
If any provision of these Terms is held to be invalid or unenforceable by a
court of competent jurisdiction, then any remaining provisions of these Terms
will remain in effect. These Terms constitute the entire agreement between us
regarding our Service, and supersede and replace any prior agreements, oral or
otherwise, regarding the Service.
Changes
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We reserve the right, at our sole discretion, to modify or replace these Terms
at any time. If a revision is material we will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Contact Us
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If you have any questions about these Terms, please contact us.