Terms of Service

Agreement to our legal terms

We are Electrify Connect Software Inc. (“Company,” “we,” “us,” “our”), a company registered in Canada at 5162 Yonge Street, Unit 2209, Toronto, Ontario M2N 0E9. We operate the website http://www.electrifyconnect.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). The Company provides a digital product catalog for lighting products and accessories.

You can contact us by email at support@electrifyconnect.com or by mail to the address above.

These Legal Terms constitute a legally binding agreement made between you and Electrify Connect Software Inc. concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

We reserve the right to make changes or modifications to these Legal Terms at any time. We will alert you about any changes by updating the “Last updated” date, and you waive any right to receive specific notice of each such change. Your continued use of the Services after the date such revised Legal Terms are posted means you accept the changes. The Services are intended for users who are at least 18 years old.

1. Our services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (such as HIPAA or FISMA), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual property rights

Our intellectual property. We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws around the world and are provided “AS IS” for your internal business purpose only.

Your use of our Services. Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your internal business purpose. No part of the Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Requests to make any other use of the Services, Content, or Marks may be sent to support@electrifyconnect.com. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. We shall own the Submission and be entitled to its unrestricted use for any lawful purpose, without acknowledgment or compensation to you. The Services may invite you to participate in blogs, message boards, online forums, and other functionality where you may create, post, or broadcast content (“Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, including commercial purposes, and to prepare derivative works of them. You waive all moral rights in your Contributions, and you warrant that they are original to you or that you have the necessary rights to post them. You remain fully responsible for your Contributions, and we may remove or edit any Contributions at any time without notice if we consider them harmful or in breach of these Legal Terms.

3. User representations

By using the Services, you represent and warrant that: (1) all registration information you submit is true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account.

4. User registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and payment

We accept the following forms of payment: Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services, and to promptly update your information as needed. Sales tax will be added to the price of purchases as required. We may change prices at any time. All payments shall be in US dollars. You authorize us to charge your chosen payment provider for the amounts due upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment, and to refuse any order, limit quantities purchased per person or household, or restrict orders that appear to be placed by dealers or resellers.

6. Subscriptions

Billing and renewal. Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel. The length of your billing cycle depends on the subscription plan you choose.

Cancellation. You can cancel your subscription at any time by contacting us using the contact information provided. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at admin@electrifyconnect.com.

Fee changes. We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to: systematically retrieve data or content to create a collection, compilation, database, or directory without written permission; trick, defraud, or mislead us or other users; circumvent, disable, or otherwise interfere with security-related features of the Services; disparage, tarnish, or otherwise harm us or the Services; use information obtained from the Services to harass, abuse, or harm another person; make improper use of our support services or submit false reports of abuse; use the Services in a manner inconsistent with applicable laws; engage in unauthorized framing of or linking to the Services; upload or transmit viruses, Trojan horses, or other harmful material; engage in automated use of the system such as scripts, data mining, robots, or similar data-gathering tools; delete copyright or other proprietary rights notices; impersonate another user or person; interfere with or disrupt the Services or connected networks; harass, annoy, intimidate, or threaten any of our employees or agents; bypass measures designed to prevent or restrict access; copy or adapt the Services’ software; decipher, decompile, disassemble, or reverse engineer any software comprising the Services; use any automated system such as spiders, robots, or scrapers (except standard search engines); use a buying or purchasing agent to make purchases; collect usernames or email addresses of users for unsolicited communication; use the Services to compete with us; or sell or otherwise transfer your profile.

8. User generated contributions

When you create or make available any Contributions, you represent and warrant that: they do not infringe the proprietary rights of any third party; you are the creator and owner or have the necessary rights and permissions to use and authorize their use; you have the written consent of each identifiable individual person in your Contributions; they are not false, inaccurate, or misleading; they are not unsolicited advertising, spam, or other forms of solicitation; they are not obscene, violent, harassing, libelous, or otherwise objectionable; they do not ridicule, mock, disparage, intimidate, or abuse anyone; they are not used to harass or threaten any other person or to promote violence; they do not violate any applicable law or regulation, or the privacy or publicity rights of any third party; and they do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap. Any violation may result in termination or suspension of your rights to use the Services.

9. Contribution license

You and the Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices. By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions — you retain full ownership and any associated intellectual property rights. We are not liable for any statements or representations in your Contributions, and you agree to exonerate us from any and all responsibility for them. We have the right, in our sole discretion, to edit, redact, or delete any Contributions, to re-categorize them, and to pre-screen them, at any time and without notice. We have no obligation to monitor your Contributions.

10. Third-party websites and content

The Services may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, and other content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services. Inclusion of or linking to any Third-Party Website or Content does not imply approval or endorsement by us. If you decide to leave the Services and access Third-Party Websites, you do so at your own risk, and these Legal Terms no longer govern. You agree to hold us blameless from any harm caused by your purchase of products or services from, or use of, Third-Party Websites or Content.

11. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions; (4) remove from the Services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

12. Privacy policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States, the United Kingdom, and Canada. If you access the Services from a region with laws governing personal data collection that differ from those of these countries, then through your continued use of the Services you consent to having your data transferred to and processed in these countries.

13. Digital Millennium Copyright Act (DMCA) notice and policy

Notifications. If you believe that material available on or through the Services infringes a copyright you own or control, please immediately notify our Designated Copyright Agent (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material. You may be held liable for damages for material misrepresentations in a Notification, so if you are not sure the material infringes your copyright, consider contacting an attorney first. All Notifications should satisfy DMCA 17 U.S.C. § 512(c)(3) requirements, including: a physical or electronic signature of an authorized person; identification of the copyrighted work claimed to be infringed; identification of the allegedly infringing material with information sufficient to locate it; your contact information; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information in the Notification is accurate and that you are authorized to act on behalf of the copyright owner.

Counter notification. If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a written counter notification meeting DMCA requirements, including: identification of the removed material and its former location; consent to the jurisdiction of the appropriate court; agreement to accept service of process from the party that submitted the Notification; your name, address, and telephone number; a statement under penalty of perjury of your good-faith belief that the material was removed by mistake; and your physical or electronic signature. If we receive a valid counter notification, we will restore the removed material unless the original notifying party files a court action against you. Filing a false counter notification constitutes perjury.

Designated Copyright Agent: Jerry Chen, Attn: Copyright Agent, 5162 Yonge St, Unit 2209, Toronto, Ontario M2N 0E9, Canada — jerry@electrifyconnect.com

14. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning. If we terminate or suspend your account, you are prohibited from registering a new account under your name, a fake or borrowed name, or the name of any third party. We also reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

15. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice, and we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times — hardware, software, or other problems may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

16. Governing law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.

17. Dispute resolution

Informal negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute”), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration, commencing upon written notice from one party to the other.

Binding arbitration. Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC. The number of arbitrators shall be one (1). The seat of arbitration shall be Toronto, Canada. The language of the proceedings shall be English. The governing law of these Legal Terms shall be the substantive law of Canada.

Restrictions. The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions. These dispute-resolution provisions do not apply to Disputes seeking to enforce or protect intellectual property rights; related to theft, piracy, invasion of privacy, or unauthorized use; or seeking injunctive relief. If any portion of this provision is found to be illegal or unenforceable, such Dispute shall be decided by a court of competent jurisdiction.

18. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or applications linked to the Services, and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies; personal injury or property damage resulting from your use of the Services; unauthorized access to our servers or personal information; interruption of transmission; viruses or similar; or any loss or damage arising from the use of content posted or transmitted via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, and we will not be a party to any transaction between you and third-party providers.

20. Limitations of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

21. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward any other user of the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

22. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

23. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

24. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

26. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Electrify Connect Software Inc. 5162 Yonge Street, Unit 2209 Toronto, Ontario M2N 0E9, Canada Phone: 647-706-8956 support@electrifyconnect.com