GOcxm Inc. Terms Of Service

Last modified: January 1, 2025

The following Terms of Service ("Terms") govern your use of GOcxm Inc.'s (collectively, "GOcxm", "we", "our", or "us") business applications, including the Retail Execution Submission Portal and the Reporting Portal (the "Services"). Your (collectively, the "User", "you", or "your") access to the Services is being provided as a result of the business engagement between us and your organization (the "Customer") and your use of the Services constitutes your acknowledgement and acceptance of these Terms.

ELIGIBILITY & ACCOUNTS

The use of these Services is restricted to authorized business users of the Customer only. You may only access the Services using login credentials provided or approved by the Customer. You are solely responsible for maintaining the security and confidentiality of the information you hold for your account (i.e. your user name and password) and for any and all activity that occurs through your account, including but not limited to any activities that occur through your account as a result of your failure to keep this information secure and confidential. You hereby agree to notify GOcxm immediately if you become aware of any unauthorized use of your account, user name or password, or any other breach of security in connection therewith.

PERMITTED USE

You may use the Services and the data information, writings, images and/or other works that you see or otherwise experience within the Services solely for business purposes authorized by the Customer, and solely in strict compliance with these Terms. You warrant that you will abide by all applicable laws and regulations are solely responsible for all acts or omissions that occur under your account, including any data that you transmit through the Services.

PROHIBITED USE

By accessing the Services, you agree that you will not:

  • Use the Services for any purpose or in any manner that is prohibited by these Terms or that is illegal under any applicable law;
  • Misuse the Services by uploading unlawful, harmful or misleading data or content;
  • Attempt to access, copy or modify the software, source code or underlying systems in relation to these Services;
  • Share your login credentials with any other person or allow unauthorized access to the Services;
  • Access the Services by any means other than through the interfaces provided by GOcxm for use in accessing the Services; and
  • Access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.

You hereby agree that you will notify GOcxm immediately if you become aware that the Services are being used for any illegal activities, unauthorized purpose or prohibited use.

DATA & PRIVACY

GOcxm processes data in accordance with our Privacy Policy. All data that you access through the use of the Services belongs to the Customer. Your use of the Services and the data collected through the use of the Services is subject to said Privacy Policy and is governed by GOcxm's engagement with the Customer. Under no circumstances will GOcxm be liable in any way for any data, including but not limited to any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of the use of any data transmitted through the Services. GOcxm expressly takes no responsibility and assumes no liability for any data posted or uploaded by you or any third party.

SERVICE AVAILABILITY

While we strive to keep the Services continuously available, they are provided on an as is and as available basis to the fullest extent permissible pursuant to applicable law. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control. GOcxm will use reasonable efforts to provide advance notice through the Services or to the Customer of any scheduled unavailability of the Services.

GOcxm makes no warranty that: (a) the Services will meet your or the Customer's needs and expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be accurate or reliable; (d) any errors in the Software will be fixed; and (e) the Services are free of viruses or other harmful components.

TERMINATION

Your access to these Services will end upon the termination or expiration of the Customer's engagement with GOcxm, or if the Customer revokes your authorization to access these Services. GOcxm, in its sole discretion, may terminate your use of the Service, block or prevent future access to the Service, and remove and discard any content within the Service at any time if you have violated or acted inconsistently with the nature of these Terms. Such termination can be effected without any prior or written notice to you and GOcxm will not be held liable to you or any third-party for any termination of access to the Service.

LIMITATION OF LIABILITY

To the fullest extent permitted by law you acknowledge, understand and agree that you are personally responsible for your use of the Services. You agree to indemnify, defend and hold harmless GOcxm against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), resulting from or arising out of your use, misuse, or inability to use the Services, or any violation by you of these Terms.

You acknowledge, understand and agree that GOcxm will not be held responsible or liable for any unlawful or otherwise improper acts performed by you or any third parties. This includes, but is not limited to, acts of hacking or any other means of transmitting viruses, deleting files, obtaining or misusing personally identifiable data, corrupting data, or otherwise interfering with the Services.

GOcxm expressly disclaims all other warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You expressly understand and agree that GOcxm shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profit, goodwill, use, content or other intangible losses.

CHANGES

GOcxm reserves the right to revise these Terms to reflect updates in our practices or regulatory requirements at any time and in its sole discretion. Notifications of material changes will be provided through the Services or to the Customer directly.

GOVERNING LAW

These Terms and any disputes hereunder shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, unless otherwise required by any governing agreement between GOcxm and the Customer. You hereby irrevocably and unconditionally submit and attorn to the exclusive jurisdiction of the courts of Ontario located in the City of Toronto and agree to bring any such dispute, litigation, action or proceeding only in such courts.

CONTACT

Any questions about these Terms can be directed to the following contact information:

Mail: 379 Adelaide St W #200, Toronto, ON M5V 1S5, attention GOcxm Inc. -- Legal Team.

Email: privacy@gocxm.com

Phone: +1 (888) 225-2928