Legal Notices

Customer Agreement

These terms of service (herein the “Terms of Service”) are provided by Uplifter Inc. (herein the “Uplifter”) to you, the Uplifter customer account holder (herein the “Customer”) in regards to the use of the Uplifter Software (herein the “Software”) at an available subdomain of uplifterinc.com (herein the “Website”).

Under this Agreement, Uplifter Inc. agrees to provide the Customer access to the Uplifter Software as a Service (herein the “Service”). The provision of this Service will be subject to the Terms of Service as provided below. The term of this Agreement will begin from today's date and expire on the last day of the following calendar month. Provided that the Customer is in compliance with the Terms of Service and neither party has delivered to the other, at least thirty (30) days prior to the end of a then Current Term, written notice of Termination, this Agreement will automatically renew for an additional calendar month.

Access to the Service

Any tier switching resulting in a change in the prepayment amount will be calculated as an according charge or credit and invoiced upon renewal.

Billing and Refund Policy

For use of the paid Service plans provided by Uplifter, the Customer is subject to the following billing and refund policies (herein “Billing and Refund Policies):

• All fees (herein “Service Fees”) are calculated and charged in CAD if the Customer’s address is in Canada or in USD if the Customer’s address is outside of Canada.
• All Service Fees are exclusive of any applicable governmental taxes, levies or duties, levied at a federal, provincial, state, local jurisdiction or otherwise, including, but not limited to goods and services, harmonized taxes, either currently in force or enacted in future (herein "Taxes").
• The Customer is responsible for all applicable Taxes that arise from or are as a result of their subscription or purchase or Uplifter's products and services. However, to the extent that Uplifter charges certain Taxes (in Canada, GST or HST, if the Customer is located in the provinces of Newfoundland and Labrador, New Brunswick, Nova Scotia, Ontario, and Prince Edward Island, and PST, if the Customer is located in British Columbia or Saskatchewan), the Taxes are calculated using the tax rates that apply based on the billing address the Customer has provided to Uplifter. Any charged Taxes are in addition to the Service Fees for Uplifter's products and services. If the Customer is exempt from payment of any such Taxes, the Customer must provide Uplifter with evidence that includes an original certificate that satisfies applicable legal requirements for attestation to the tax-exempt status. Tax exemptions will only apply from the date Uplifter receives evidence satisfactory to Uplifter of the Customer's exemption. In the event that the Customer is not charged Taxes by Uplifter, the Customer is responsible for determining if Taxes are payable and subsequently self-remitting any payable Taxes to the appropriate tax authorities in the Customer's jurisdiction.
• All paid Service Plans will be subject to a Monthly Fee (herein “Monthly Fee”) paid in advance and a Transaction Fee (herein “Transaction Fee”) as per the rates agreed upon at the time of account activation or renewal.
• Monthly Fees are charged and invoiced on the last calendar day of each month for the Service provided for the duration of the following calendar month. If Uplifter initially provides the Service to the Customer after the first calendar day of the month and more than seven (7) calendar days before the last calendar day of the month, the Monthly Fees for the partial month of service will appear as a prorated charge for the month on the first issued invoice.
• Transaction Fees are calculated and invoiced at the end of the last calendar day of each month for the month they are being charged.
• The Transaction Fees for the Service are calculated on all invoice transactions (herein “Transactions”) marked with a “Paid” status within the Customer’s Site as of the processing time of the Transactions and will be the greater of zero dollars ($0) or the sum of all payments and refunds regardless of payment method processed by the Customer.
• Uplifter provides no refunds. Any account overpayments or account balances less than zero dollars ($0) at time of invoice issuance will be held as credit on account to be applied on future invoices.
• Prepaid Monthly Fees are non-refundable.
• At Uplifter’s sole discretion, accounts that deem to have excess refunds, cancellations or a high number of accounts in excessive arrears will have their accounts subject to review and may be subject to either service termination or subject to additional Service Fees calculated on Transactions excluding refunds or cancellations or on unprocessed transactions.
• Any customized services that are requested will be invoiced in the calendar month as the services are rendered.
• If any billing errors are identified by the Customer, the Customer must contact Uplifter by email at accounts@uplifterinc.com no later than seven (7) days after the billing date to report the billing error for Uplifter to investigate and verify the possible error. If Uplifter verifies the billing error, adjustments will be made on the Customer’s account accordingly.
• Uplifter will not provide adjustments, credits or refunds due to misinterpretation of how Monthly Fees or Transaction Fees are calculated.
• The payment terms for all invoices is 15 days upon receipt. Accounts in arrears will be subject to a late fee calculated at 24% per annum and are subject to having their Services terminated immediately.

Cancellation and Termination

The Customer is subject to the Term of their Customer Agreement with Uplifter. A request to terminate the Service must be provided to Uplifter in writing before the last calendar day of the month to be effective as of the end of the last calendar day of the subsequent month. Any pre-paid amounts will not be refundable. Upon termination, all data and content will be deleted and will be unrecoverable upon cancellation.

Uplifter reserves the right to cancel and terminate accounts or refuse service due to non-payment, abuse of the Service or any other violation of the Terms of Service.

Changing Service Plans

Customers who have not engaged in any long term contracts or promotional term commitments with Uplifter who wish to change Service Plans may do so once within a twelve (12) month period. Customers that wish to change Service Plans more than once in a twelve (12) month period will be subject to a change fee for each subsequent change request.

Terms of Service

These terms of service (herein the “Terms of Service”) are provided by Uplifter to the Customer with respect to the use of the Service.

Uplifter reserves the right to update or change the Terms of Service without notice. Newly developed features and tools implemented and released into the Software will be subject to the Terms of Service. Continued use of the Software and any released features and changes shall constitute the Customer’s consent to such changes.

The Uplifter Software cannot be downloaded or installed on hardware or equipment owned by the Customer. The Customer agrees that they do not have any ownership or intellectual property rights in the Service. The Customer agrees that it will have members (individuals that register for programs or purchase items or services), potential members, participants (individuals that participate in programs) and users (collectively the “Members”) that will access the Service through the Site. The Customer agrees that it will be responsible for the Members’ activity on the Site. Violation of any of the terms described in the Terms of Service by the Customer or its Members may result in the immediate termination of the Customer’s account.

Your Information and Content

Customers and their Members have the ability to submit and distribute information or data and post content (collectively, herein the “Content”) on the Site. The Customer agrees that

• the Customer is responsible for and retains all right, title and interest in and to all Content on the Site. Uplifter claims no intellectual property rights of the Content posted to the Service
• However, by posting or distributing such Content that is accessible by the public or any Members with whom the Customer consents to share such Content on the Uplifter Service, the Customer grants Uplifter a non-exclusive, worldwide, unlimited license to access, use, process, modify, adapt, copy, distribute, perform, export and display the Content for which such Content was made available, without any compensation or obligation to you. Solely to the extent that reformatting, analyzing, transforming or processing your Content for display on the Site constitutes a modification or derivative work, the foregoing license also includes the right to make modifications and derivative works.
• If the Customer enrolls in any of Uplifter’s free Service Plans, the Customers’ Members will be subject to the Terms and Conditions of use of this product, with the most updated version of these Terms and Conditions found here.
• Customers may choose to share Content with Members either publicly or explicitly to specific members with whom the Customer consents to share such Content. The Customer may wish to stop sharing data with specific Members, however Content previously copied from shared information to another device or service will not be removed.
• Uplifter is not responsible for the Content posted on the Site and the Members’ exposure, access, or consumption of any of this Content. The Customer is responsible for the Content managed within the Site.
• The Customer acknowledges that to make the Content available on the Uplifter Service or if the Customer integrates the Uplifter Service with third-parties to access, process or modify the Content, Uplifter may transmit Content across various public networks, in various media and modify or change your Content to comply with technical requirements of connecting networks or devices or computers. You agree that the license herein permits Uplifter to take such actions
• Customers must comply with copyright laws in the Customer’s jurisdiction when posting or distributing Content. The Customer agrees that it will not post or distribute any Content that Is unlawful, harmful, threatening, abusive, harassing, pornographic, vulgar, obscene, threatening, tortuous, defamatory, libelous, hurtful or racially / ethnically objectionable or invasive of another’s privacy.
• Uplifter does not review any of the Customer Content but reserves the right to refuse or remove any Content posted to the Service.
• The Customer will not post or transmit unsolicited emails or messages considered “spam”.
• The Customer’s Content and use of Member information will be subject to the privacy policies as dictated by each individual Customer.
• Each Member will be provided with a unique username and password. Customers and Members are encouraged to select secure passwords. Uplifter will not be responsible for maintaining the security of your account and passwords. Uplifter will not be liable for any loss or damage due to the Client’s and Members’ failure to comply with this security obligation or with any information shared with Members on the Service.
• If the Customer is associated, sanctioned or affiliated with a larger organization and Uplifter has provided within the Service the ability to send and receive information to and from that organization on the Customer's behalf, the Customer authorizes Uplifter to send and receive the Customer's Content and Member activity data accordingly as per the Customer's request.

General Terms

• Customers and Members may use this Service at their own risk.
• Customers and Members may not reproduce, duplicate, copy, rent, lease, loan, sell, resell, relicense, assign or exploit the Uplifter Software or the Service in part or as a whole.
• Customers and Members may not create derivative works based upon all or any part of the Service.
• Customers and Members may not modify, adapt, change or hack the Uplifter Software or the Service.
• The overall look and feel of the Service and the Site are copyright of Uplifter and may not be copied or reproduced for other purposes
• Customers and Members may not decompile, reverse engineer, disassemble or otherwise reduce the Uplifter Software or Service to a human-perceivable form.
• Customers and their Members may not use the Uplifter Software and this Service for any illegal or unauthorized purposes.
• Customers and Members agree not to violate any laws in the use of this Service.
• Uplifter makes no warranties with respect to the Uplifter Software and Service, either express or implied. The Uplifter Software and Service is provided on an “as is” basis as it is available without warranty of any kind, either express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Uplifter does not warrant the performance of or the results you may obtain from use of the Uplifter Software or Service, or that the Service will meet your requirements, or that the use of the Service will be uninterrupted or free of error.
• In no event will Uplifter, its associated companies or their directors, officers, employees or agents be liable to the Customer or its Members for any direct, indirect, consequential or incidental damages, losses or, expenses of any kind, whether loss of profits, business interruption, or otherwise arising out of or resulting from the Uplifter Software or Service, however caused, even if Uplifter or any of its associated companies or their directors, officers, employees or agents has been advised of the possibility of such damages, losses or expenses. This disclaimer constitutes an essential part of the Terms of Service and no use of the Service is authorized except as subject to this disclaimer.
• To the extent permitted by law, in no event shall Uplifter be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the Customer’s or its Members’ use or inability to use the Uplifter Software or the Service, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Uplifter has been advised of the possibility of such damages. In no event shall Uplifter’s total liability to the Customer and its Members for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
• If any provision of this Terms of Service shall be determined invalid for any reason, the remaining provisions shall not be invalidated and shall remain in full force and effect.
• Uplifter will provide technical support to the Customer only via email for accounts that are in good standing. Customers will provide their own support to their Members.
• The Customer understands and accepts that Uplifter uses third-party vendors and partners to provide the Uplifter Software, hardware, storage, networking and any related technologies to provide the Service.
• The failure of Uplifter to enforce or exercise any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement regarding the terms of use of the Service between you and Uplifter including, but not limited to, any prior versions of the Terms of Service.
• Uplifter reserves the right at any time to temporarily or permanently discontinue or modify the Service or Software (or any part thereof) with or without any notice to the Customer or Members.
• Uplifter may collect statistical information including, but not limited to, usage, activity data or traffic patterns in aggregate form to create billing reports for Customers, monitor, improve the Service, or provide additional products and services, but such information will not include personally identifying information of the Customers' Members. Uplifter may access the Customer Content to analyze and transform data at the request of Customers and their Members or to respond to service or technical problems with the Uplifter Software or Service.
• The Customer is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Content.
• The Customer is responsible for collecting and remitting all applicable taxes that arise from or are as a result of any sale from the Site.
• For Customers enrolled in Uplifter’s free Service Plans, the Customers’ Site and Services will include sponsored content.
• Uplifter uses cookies in the Uplifter Software and may provide notices to your Members that cookies are in use on the Site. For detailed descriptions on how Uplifter uses cookies, please see Uplifter's Cookie Policy. Uplifter's Cookie Policy will be available on the Customer's Site for Members to view.