GENERAL TERMS OF USE FOLLOWUPBYTE

Article 1 – Purpose of these terms

These general terms are intended to clarify the conditions under which FOLLOW UP BYTE INC. grants the user a right to use FollowUpByte and ensures its ongoing maintenance.

Article 2 – Use

FollowUpByte is for experienced or non-experienced users, who run businesses which require appointment scheduling and follow up. The user has the opportunity to test FollowUpByte for 30 days with up to two agents. For more than two agents, the user must subscribe to a monthly plan.

Article 3 – Right of Use

FOLLOW UP BYTE INC. grants the user personal, non-exclusive rights to the use of the service for their own needs. For the execution of these general conditions, FOLLOW UP BYTE INC grants the user and the number of people in their chosen package the rights to the service. An account is available for each user who will have to accept the terms and conditions before use. The right of use is granted for the duration of intellectual property rights in the Software.

Article 4 – Cost and payment terms

In consideration for the license to use FollowUpByte, the user agrees to pay the monthly fee of their chosen package. The payment will be made in the form of pre-authorized debit via PayPal. The user will automatically have access to the software with their subscription.

The user only has a right to use FollowUpByte as long as their subscription for service is valid. Subscribing to the FollowUpByte product happens directly online on the company’s website www.followupbyte.com. Currency transactions are in US dollars.

Article 5 – Warranty and Maintenance

During the subscription period, FOLLOW UP BYTE INC. protects the user against any anomalies, incidents, errors or malfunctions to system specifications. FOLLOW UP BYTE INC. is committed to this title remedy at no charge for the incident detected and reported by the user. Any service providing assistance in the maintenance of this agreement shall be subject to an addendum.

Article 6 – Termination

6.1 By FOLLOW UP BYTE INC.
FOLLOW UP BYTE INC. reserves the right to unilaterally terminate ipso jure the licensing and maintenance services, and without prejudice to any damages in the following cases:

– Reorganization or liquidation of the user,
– Non-payment by the user of the license fee for use of each contractual maturity, on behalf of the user,
– Infringement of copyright. Upon termination, the user agrees to proceed by deleting each copied post or uninstalling the SOFTWARE.

6.2 By the user
– The user who does not wish to continue using FollowUpByte, will stop the subscription by not paying the monthly fee at their next renewal date, and be subscribed until the end of their service usage time.

Article 7 – Sub-license

– The user may not use FollowUpByte for its own outside needs. It is prohibited as such to grant sub-licenses. The user may not offer the free use of our service to third parties.

Article 8 – Intellectual Property

FollowUpByte and documentation which is mentioned in Article 3, and any copies will remain the property of FOLLOW UP BYTE INC., which reserves the authorship in accordance to the intellectual property code. FollowUpByte may not be assigned or transferred to another party without the agreement of FOLLOW UP BYTE INC. guaranteeing the user against any infringement proceedings that may be taken, but in that condition must be notified in writing in a timely manner by the user that FollowUpByte was not changed by the user. The FollowUpByte license from FOLLOW UP BYTE INC. gives the user the right to use FollowUpbyte owned by FOLLOW UP BYTE INC, on designated hardware, implying that:

The user agrees to use only FollowUpbyte for its own needs.

They are prohibited to provide under FollowUpbyte any form whatsoever or make it available to anyone except its employees.

The user agrees not to develop or commercialize FollowUpbyte or any competitive products.

FollowUpByte grants the user the personal, non-transferable and non-exclusive right to use the Software, within the limit of the number of listed items.

The user can not modify the Software or fit without prior express written permission of FOLLOW UP BYTE INC.

The user can correct the errors in the Software, the parties expressly agreeing to this book correction FOLLOW UP BYTE INC.

Article 9 – Non-transferability

It is expressedly agreed upon that the rights granted by FOLLOW UP BYTE INC. can not be transferred to third party users. Usage rights are not transferable, even in the case of the transfer of funds, management leases, merger or any other transaction which the users rights would be transferred to a third party.

Article 10 – Equipment

The right to use FollowUpByte is granted for computer and mobile equipment designated by the user.

The User is responsible for the operation of the equipment and the compliance of its environmental specifications by FOLLOW UP BYTE INC. The use of FollowUpbyte on any other equipment operated by the user, is prohibited. Any change to the designated hardware or facility designated equipment will require an amendment between the user and FOLLOW UP BYTE INC.

The right of use may be transferred temporarily and in exceptional cases to assistants at the site of the user, if the site or user’s equipment is temporarily unavailable or unusable. Where appropriate, the user has the obligation to notify FOLLOW UP BYTE INC. Apart from this case, any transfer of a site for FollowUpByte that doesn’t belong to the user, or equipment other than the one designated by the parties is subject to the written agreement prior to FOLLOW UP BYTE INC, which reserves the right to refuse the transfer. In the case where the transfer is likely to require intervention, FOLLOW UP BYTE INC, takes over the responsibility of the user for assistance or maintenance, and the user must notify FOLLOW UP BYTE INC within three months, by any means. The user agrees to destroy without delay FollowUpByte and copies of the emergency equipment in the event of temporary unavailability, or the old equipment if a permanent transfer occurs. Otherwise, FOLLOW UP BYTE INC. reserves the right right of making additional provisions.

Article 11 – Delivery and installation of the SOFTWARE

FOLLOW UP BYTE INC will provide the user with the software that consists of programs delivered in English or French, and related documentation. It is the project manager designated by the user that is to ensure proper software operation. FOLLOW UP BYTE INC. will not be held responsible for delays caused by the unavailability of the designated equipment or personnel to be provided by the user.

If further work is required by the user, they will be subject to a separate agreement.

The installation will be deemed made when the physical installation of FollowUpByte is on the equipment.

Article 12 – Backup

The user can only make backup copies as may be necessary for its operation and security.

Article 13 – Disclosure

FollowUpByte is part of the trade secrets and the know-how of FOLLOW UP BYTE INC., and should be considered by the user as confidential information, whether it can be protected by an intellectual property right, patent, copyright, or otherwise.

As such, the user understands to not disclosing his sources in FollowUpByte or binaries of the program and other items (documentation, etc.) constituting all or part of the software. The user also commits to taking all necessary measures for FollowUpByte and documentation not made available to third parties, and agrees that their employees and staff will comply with these obligations and copyright of FOLLOW UP BYTE INC. The user agrees to take all necessary precautions to avoid unauthorized use by their staff and providers, particularly by signing a personal privacy agreement. The user understands not to use any specifications to create a program with the same design as FollowUpByte.

By an express agreement, FOLLOW UP BYTE INC. is authorized to check if they’re complying with these obligations at anytime. If the user does not fulfill the obligations referred to in this article, FOLLOW UP BYTE INC. reserves the right to make a claim for compensation from the user in an amount equal to twice the amount of the price of the user fee paid on the user’s behalf.

FOLLOW UP BYTE INC. understands not to use in any data belonging to the user whatsoever.

Article 14 – Amendments

The user agrees to not make changes to the items returned by FOLLOW UP BYTE INC., without prior written permission. Failure to respect this clause delays the earnings, user warranty and any further maintenance, and the user is not entitled to any compensation thereafter.

Article 15 – Liability

FOLLOW UP BYTE INC. is obligated to follow the terms of this document, with the exclusion of any other contract. It ensures to comply with the specifications described in this documentation. The user assumes all responsibilities other than those of FollowUpByte, including:

– The adequacy of FollowUpbyte and any changes needed,
– Operation of FollowUpByte,
– Quality and competence of their staff.

The user is also responsible for the protection of stored data and repaired databases, the results obtained, and complying with FollowUpByte legislation. FOLLOW UP BYTE INC. holds the liability for non compliance related issues. FollowUpByte follows the regulations during a given period if the maintenance services are not controlled for that time. It is up to the user to develop operating procedures and put in place the appropriate controls and security mechanisms, preservation and restoration of data in case of anomalies in the implementation of programs.

User assumes sole responsibility of possible malfunctions and damage due to the modification of the software, even minimal, performed with or without the permission of FOLLOW UP BYTE INC, and the user expressly acknowledges receipt of FOLLOW UP BYTE INC. Assessing the adequacy of FollowUpByte requires taking all necessary precautions for its implementation and operation. FOLLOW UP BYTE INC. will in no way obliged to compensate users for any direct or indirect damages, even if they have been informed of such damages. The user is solely responsible for using the software.

Article 16 – Litigation

These general conditions are subject to the Quebec Act. Any dispute concerning the interpretation or execution of these terms will be submitted to the competent courts of Quebec.

Article 17 – Completeness – Severability

These terms represent the obligations of all parties involved. No document may generate obligations if they are subject to an amendment signed by the parties. If one or more provisions of the General Conditions are held to be invalid by any law or regulation, or declared by a final court decision to be competent, they will be deemed invalid, and the remaining provisions of these terms and conditions will remain in full their force and scope.

Article 18 – Election of domicile

The parties elect domicile, unless otherwise expressedly agreed by mutual agreement, the addresses of their respective seats.

Article 19 – Personal Information

Though the nature of the services under this contract may be determined by its specific use, users have access to privileged information in relation to their clients. The user or the users resources must explicitly commit to keeping information that is provided by clients or through the use of software FollowUpByte confidential.

Confidential information includes: personal information about employees and customers, as well as industrial, financial, commercial, scientific or technical information belonging to the user’s customers.
Access to such information should be limited to people who need to know in order to do their work. No confidential or personal information may be disclosed to third parties.

In the case where the user wishes to retain the services of a contractor for the completion of part of his work, a contract between the subcontractor must intervene so that the subcontractor explicitly requires respective commitments and contractual obligations of the user, relating to confidential personal information. The general clause entitled “Personal information”, is supplemented by the following paragraphs:

a) The user cannot use the information provided by the client or collected by client resources for purposes other than those expressedly provided in the contract. They can not publish, distribute, supply or trade information obtained as part of the implementation of this contract.
b) User and resources must ensure the confidentiality of personal information including the accordance with the following Articles 53 and 59 paragraph 1, 62 paragraph 1, 63.1, 64, 65, 67.2, 67.3 and 73 of the Act access to documents held by public bodies and the protection of personal information, R.S.Q., c. AT-
2.1.
c) In order to ensure the confidentiality of information provided by the client or collected by the user’s resources, and as part of the execution of this contract, the user must be diligent in initiating the necessary security measures.
d) The user acknowledges that a failure to respect the confidentiality of information constitutes a violation its contractual obligations, and may cause the customer to incur serious or irreparable damage. Therefore, the user acknowledges that the customer may make an immediate appeal to the injunction and is subject to all other repercussions.
e) the expiry of the mandate of a resource, or to the actual cessation of activities and the end of a contract may occur at any time upon written request of the customer. The user must agree that every resource is returned to all customers, and the information they collected is provided. Otherwise, the user agrees that they will destroy all copies of this information. If applicable, a document proving that no copy of the information has been preserved may be requested.

Article 20 – Disclaimer

FOLLOW UP BYTE INC. is not responsible for the content of data collected by the user or resources within the framework of implementing its corporate purpose, as well as the use of such software by the user. FOLLOW UP BYTE INC, however, reserves the right to remove a user’s license from anyone who contravenes or violates the requirements of this contract, including the incompatible use with those normally expected.

Article – 21 Email and notification

a) The user agrees to obtain the consent of its customers to send email notification via FollowUpByte, and prior to sending any mail. Failure to comply with this requirement, makes the user fully responsible for any legal consequences.
b) FOLLOW UP BYTE INC. reserves the right at any time to send emails to a group of users, as well team members in connection with the use of the system.