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Terms & Conditions

Please read these terms and conditions carefully. When signing up to use any of the services, you will be asked to review these terms and conditions. Once you proceed, you agree to be bound. If you do not agree to these terms and conditions, you must not use the services. 

​​THESE TERMS SIGNIFICANTLY ALTER YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND CONTAINS IMPORTANT LIMITATIONS ON AND EXCLUSIONS, WAIVERS AND RELEASES OF OUR LIABILITY TO YOU, AND YOUR ASSUMPTION OF RISK AND LIABILITY.   

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  1. INFORMATION ABOUT US 

The Services are provided and operated by Quotograph Inc. ("we", "us" or “Quotograph”). We are a limited liability company registered in Canada. 

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   2. THESE TERMS 

2.1 These terms and conditions, including the Schedule ("Terms") are a legally binding agreement between "you" and Quotograph.  

2.2 By creating an Account with us, or by accessing and / or using the Services, you agree to be bound by these Terms, and the associated Privacy Policy. If you do not agree with any of the provisions of these Terms, or the associated policies, you must not use the Services. If you have any questions about these documents and your rights, you should seek independent legal advice.  

2.3 BY CREATING AN ACCOUNT WITH US, OR BY ACCESSING AND / OR USING THE SERVICES, YOU CONFIRM AND AGREE THAT: 

2.31 YOU HAVE READ AND UNDERSTAND THESE TERMS; AND 

2.32 YOU ARE AWARE THAT BY AGREEING TO THESE TERMS YOU ARE WAIVING CERTAIN LEGAL RIGHTS THAT YOU OR YOUR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES (collectively “you”) MAY HAVE AGAINST QUOTOGRAPH. 

2.4 We may amend the Terms and associated rules, policies and supplemental terms from time to time at our sole discretion. We will provide you with reasonable notice of any material updates to these Terms, but recommend that you periodically review the Terms, associated policies and supplemental terms.  

2.5 You must carefully read the Terms outlined below as they apply to your access and use of the Services.   

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   3. YOUR LEGAL CAPACITY TO ACCEPT THESE TERMS 

3.1 You represent and warrant to us that you are at least the age of majority in your country, province,territory, state and/or location of residence and acknowledge that any use of the Services by a minor is strictly prohibited. 

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   4. SERVICES 

4.1 The Terms govern your use of the following: 

4.11 our website;  

4.12 any Quotograph products or software thtathat we have linked to or available through our website; 

4.13 any and all Quotograph  platforms, including but not limited to our AI enhanced: i)  quoting process for construction and renovations; ii) project summary and risk reports; iii) indoor measurement and material tracking tools; iv) predictive maintenance and safety alerts; and v) drone reconstruction   (the “Platform” or “App”). 

(each a “Service” and collectively the “Services”). 

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   5. PRIVACY 

5.1 We collect personal information about you in order to activate and register an Account, in order to provide you with the Services and for the purposes set out in our Privacy Policy (the "Privacy Policy").  

5.2 We may disclose that information to third parties that help us deliver the Services (including service providers, information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our Services to you. We may also disclose your personal information to recipients that are located outside of Canada in accordance with our Privacy Policy.  

5.3 Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding our handling of your personal information; and (iii) how we will handle any complaint. If you would like any further contact information about our privacy policies or practices, please contact us at one of the contact methods specified in the Privacy Policy.  

5.4 The Services may include advertisements, which may be targeted to information on the Services, queries made through the Services, or other information. The types and extent of advertising by Quotograph on the Services are set out in the Privacy Policy and are subject to change. In consideration for us granting you access to and use of the Services, you agree that Quotograph and its third-party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services in accordance with applicable laws and our Privacy Policy. 

5.5 By providing your personal information to us, you consent to the collection, use , storage and disclosure of that information as described in the Privacy Policy and in these Terms.  

5.6 As part of providing you the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications may be sent within the App or via text (SMS) messages. These communications are considered part of the Services and you consent to us sending them to you, so far as the communications are required for the use of the Services. 

5.7 Further details of our processing activities are detailed in our Cookie Policy. 

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   6. CHANGES TO THE SERVICES 

6.1 The form and nature of the Services may change from time to time. We will provide reasonable notice to you regarding any material change in the form and nature of the Services. You acknowledge and agree that we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and in some circumstances, we may not be able to provide you with prior notice.  

6.2 We also retain the right to create limits on use of the Services at our sole discretion at any time. We will provide reasonable notice to you regarding any material limitations placed on the use of the Services, except where the limitation is necessary in Quotograph’s reasonable opinion to protect the safety of any person or is imposed in order to reflect amendments to local laws or regulations where we may not provide prior notice. We may suspend operations at our sole discretion without prior notice to you.  

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   7. YOUR ACCOUNT AND PASSWORD 

7.1 To use certain Services, you may be required to download the Quotograph App, or access Quotograph software, and create an account (an “Account”). You are responsible for safeguarding the password for your Account and for any activities or actions on your Account. We encourage you to use strong passwords with your Account. You must treat such information as confidential. You must not disclose it to any third party. Quotograph cannot and will not be liable for any loss or damage arising from your failure to abide by the above and your failure to safeguard your Account, passwords, and other sensitive information. 

7.2 We have the right to disable any password, whether chosen by you or allocated by us, or to suspend or terminate any account at any time without liability, and without prejudice to our other rights and remedies under these Terms or at all law if:  

7.21 in our reasonable opinion you have failed to comply with any of the provisions of these Terms; or  

7.22 we suspect or discover wrongful or fraudulent use of an Account. 

7.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us via our customer service channels. 

7.4 You are obliged, as a condition of using the Services,  to provide accurate, complete, and up to date information (including personal identification) for your Account. 

7.5 You must not create multiple accounts, including across a business, unless otherwise agreed by Quotograph in writing. Creating multiple accounts is a misuse of the Services and may result in you being banned from using the Services. 

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   8. YOUR LICENCE TO USE THE PLATFORM 

8.1 Quotograph grants you a revocable , royalty-free, non-assignable, and non-exclusive license to use the Platform and associated Apps. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by Quotograph in the manner permitted by these Terms. 

8.2 You agree that the Services (including, but not limited to, the Intellectual Property therein) at all times remain the exclusive property of Quotograph and that you will not seek to duplicate or reverse engineer any of the Services or Platforms. 

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   9. PAYMENT 

9.1 You understand that use of the Services will, unless you are in a free trial period. result in charges as detailed in the App and on the Quotograph website to you for the Services you receive (“Charges”).  

9.2 Charges will be inclusive of applicable taxes where required by law at the prevailing rate from time to time. Charges are due immediately on purchasing a paid Service and will be deducted from your stored value balance or debited from your payment card. You must input valid payment method details such as Google Pay, Apple Pay, PayPal eWallet, credit or debit card (including valid expiration date) as a prerequisite to using the paid Services (each a “Payment Method”). You confirm that you are authorized to use any Payment Methods  you provide the details of and authorize us to charge the Payment Method for all fees incurred by you in line with the agreed Charges. You agree to immediately inform us of all changes relating to your card. 

9.3 Security Deposit. We may require a security deposit for use of the Services which will be indicated to you in the App.  

9.4 Account in debit. In addition to any amounts due, if your account is in debit for any reason, you may be charged fees that are incidental to our collection of these debit amounts. Such fees or charges may include collection fees, interest (calculated at 4% per annum) or other third-party charges.  

9.5 Dispute. If you dispute any charge to your Payment Method,  then you must promptly contact us within one month from the end of the month with the disputed charge, and provide to us all trip information that is necessary to identify the disputed charge, such as the date of the trip and the approximate starting and ending times.  

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   10. OUR INTELLECTUAL PROPERTY RIGHTS 

10.1 Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Services and in all of the material (including all text, graphics, logos, audio, and software) made available through the Services (the "Content").  

10.2 Your use of the Services and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Content. However, we do grant you a limited license to access the Services on the terms and conditions set out in these Terms and, where applicable, as expressly authorized by us and / or our third party licensors.  

10.3 You agree not to upload, post, publish, reproduce, transmit, or distribute in any way any component of the Content, or create derivative works with respect thereto, except with the prior written consent of Quotograph or unless expressly permitted in these Terms.  

10.4 You agree that we are free to use, disclose, adopt, and modify all and any ideas, concepts, know how, proposals, suggestions, comments, and other communications and information provided by you to us (the “Feedback”) in connection with the Services and/or your use of the Services without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges, and/or other payments in relation to our use, disclosure, adoption, and/or modification of any or all of your Feedback.  

 

   11. LIMITED LIABILITY AND WARRANTY; ASSUMPTION OF RISK AND WAIVER 

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THIS SECTION 11 CONTAINS IMPORTANT LIMITATIONS ON AND EXCLUSIONS, WAIVERS AND RELEASES OF OUR LIABILITY TO YOU (INCLUDING IN RELATION TO OUR NEGLIGENCE), AND YOUR ASSUMPTION OF RISK AND LIABILITY. 
PLEASE REVIEW IT CAREFULLY. 

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11.1 This clause limits the liability of Quotograph and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, partners, representatives, contractors and licensors (collectively the "Quotograph Entities").  

11.2 Any disclaimer of representations or warranties, release or limitation of liability to you shall only apply to and be enforceable under these Terms to the extent permitted by applicable law.  

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Platform and Services 

11.3 We use reasonable endeavours to ensure that the Platform is free of viruses or other harmful components but cannot guarantee that the Platform will be free from unknown viruses and other harmful components. Except as expressly set out in these Terms, you access and use the Services at your own risk. 

11.4 Subject to applicable laws, we shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other platforms or technology outside the reasonable control of Quotograph.  

11.5 Subject to applicable laws, we shall not be liable to you if for any reason our Services are unavailable at any time. 

11.6 We make no statement, representation or claims that your use of the Services or the Platform will comply with any laws.  

11.7 YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY USING THE SERVICES WITH FULL KNOWLEDGE OF RISKS INHERENT IN THOSE ACTIVITIES ASSOCIATED WITH CONSTRUCTION AND RENOVATIONS, INCLUDING AS DESCRIBED IN THESE TERMS, AND THAT YOU KNOWINGLY AND FREELY ‎ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, INCLUDING THE RISKS OF PHYSICAL OR MENTAL INJURY, DISABILITY, DISFIGUREMENT OR DEATH, OR ‎DAMAGE TO YOUR PERSONAL PROPERTY. 

11.8 YOUR USE OF THE SERVICES, APPS AND PLATFORMS ARE SOLELY AT YOUR OWN RISK AND QUOTOGRAPH MAKES NO CLAIMS, WARRANTIES, REPRESENTATIONS OR GUARANTEES AS TO THE ACCURACY AND RELIABILITY OF THE SERVICES. THE SERVICES AND OUTPUTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ARE PROVIDED WITHOUT WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. QUOTOGRAPH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR GUARANTEES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, RELIABILITY, SECURITY, PRIVACY, COMPATIBILITY AND ANY WARRANTY IMPLIED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. 

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Waiver and Release 

11.9 TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING AS OUTLINED IN SECTION 2.3.2, YOU HEREBY: 

11.9.1 WAIVE ANY CLAIM (INCLUDING CLAIMS UNDER STATUTE THAT CAN BE WAIVED BY YOU AND NEGLIGENCE CLAIMS), DEMAND, OR CAUSE ACTION YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST ANY OF THE QUOTOGRAPH ENTITIES; AND 

11.9.2 RELEASE THE QUOTOGRAPH ENTITIES FROM ANY LIABILITY, LOSS, DAMAGE, EXPENSE OR INJURY (INCLUDING PHYSICAL OR MENTAL INJURY, DISABILITY, DISFIGUREMENT OR DEATH‎) THAT YOU MAY SUFFER OR INCUR, OR THAT MY NEXT OF KIN MAY SUFFER, WHERE SUCH CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITY, DAMAGE, EXPENSE OR INJURY ARISES OUT OF, OR IS IN ANY WAY RELATED TO, YOUR USE OF THE SERVICES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE QUOTOGRAPH ENTITIES. 

 

Limitations of Liability 

11.10 TO THE EXTENT PERMITTED BY LAW:  

11.10.1 IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE QUOTOGRAPH ENTITIES FOR ANY CLAIM, LOSS, DAMAGE, LIABILITY, COST, CHARGE OR EXPENSE (INCLUDING LEGAL COSTS AND EXPENSES ON A FULL INDEMNITY BASIS), AND WHETHER PAST, PRESENT OR FUTURE, FIXED OR ASCERTAINED, ACTUAL OR CONTINGENT, EXCEED AN AMOUNT EQUIVALENT TO THE LESSER OF ANY FEES PAID BY YOU TO US, OR $100, REGARDLESS OF THE CAUSE OR FORM OF ACTION; AND 

11.10.2 UNLESS SPECIFIED OTHERWISE IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE QUOTOGRAPH ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES, INCLUDING ANY LOSS OF BUSINESS OR PROFIT, LOSS OF DATA, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF ANY USE, OR INABILITY TO USE, THE VEHICLES AND/OR SERVICES OR ANY INFORMATION PRESENTED ON THE SERVICES, EVEN IF ANY OF THE QUOTOGRAPH ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE QUOTOGRAPH ENTITIES WILL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. THIS CLAUSE DOES NOT APPLY TO THE EXTENT THE LOSS, DAMAGE OR CLAIM IS CAUSED BY QUOTOGRAPH'S WILFUL MISCONDUCT OR FRAUD.  

11.10.3 TO THE EXTENT PERMITTED AT LAW, YOU, BOTH DURING AND AFTER THE TERM OF THIS AGREEMENT, SHALL AT ALL TIMES, AND AT YOUR OWN COST, EXPENSE AND RISK, DEFEND, INDEMNIFY AND HOLD HARMLESS THE QUOTOGRAPH ENTITIES, AND ALL RESPECTIVE HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL LOSSES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, REVENUE OR PROFIT BY ANY PERSON, ORGANIZATION OR ENTITY), FINES, PENALTIES AND SURCHARGES, LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY AND ALL LIABILITY FOR DAMAGE TO PROPERTY AND INJURY TO PERSONS, INCLUDING DEATH), JUDGMENTS, CLAIMS, DEMANDS, CAUSES OF ACTION, CONTRACTS, SUITS, ACTIONS OR OTHER PROCEEDINGS OF ANY KIND (INCLUDING, BUT NOT LIMITED TO PROCEEDINGS OF A CRIMINAL, ADMINISTRATIVE OR QUASI CRIMINAL NATURE) AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES ON A FULL INDEMNITY BASIS), WHICH YOU MAY SUFFER OR INCUR, HOWSOEVER CAUSED, ARISING OUT OF OR IN CONSEQUENCE OF OR DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF THE SERVICES. 

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   12. INDEMNIFICATION 

12.1 To the fullest extent permitted by law, you shall defend, indemnify and hold harmless the Quotograph Entities from and against:  

12.1.1 all liabilities, costs, expenses, damages, and losses of any kind or nature suffered or incurred by the Quotograph Entities arising from or related to any of the following:  

a) your negligence or wilful misconduct;  

b) your breach of these Terms;  

c) any claim made against the Quotograph Entities for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of the Services, 

except to the extent any liability, cost, expense, damage or loss was caused by Quotograph's negligence, wilful misconduct or fraud.  

12.2 We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations will be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defence and control of any claim or action. 

12.3 This clause will survive termination of the Terms. 

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   13. USE OF THE SERVICES 

13.1 We reserve the right at all times (but will not have an obligation) to refuse to provide the Services, to merge, suspend or terminate Accounts, and to reclaim usernames without liability to you.  

13.2 To the extent permitted by law, we also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:  

13.2.1 satisfy any applicable law, regulation, legal process, or governmental request;  

13.2.2enforce the Terms, including investigation of potential violations hereof;  

13.2.3 detect, prevent, or otherwise address fraud, security, or technical issues; 

13.2.4 respond to user support requests; or  

13.2.5 protect the rights, property, or safety of Quotograph, its users, and the public. 

13.3 You are responsible for configuring your information technology, computer programs, and platform in order to access the Platform. You should use your own virus protection software and cyber protections. 

13.4 You may not do any of the following while accessing or using the Services:  

13.4.1 access, tamper with, or use non-public areas of the Services, Quotograph’s computer systems, or the technical delivery systems of Quotograph’s providers;  

13.4.2 probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;  

13.4.3 access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), (scraping the Services without our prior consent is expressly prohibited);  

13.4.4 forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;  

13.4.5 interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, trojan, worm, logic bomb, or other material which is malicious or technologically harmful, overloading, flooding, spamming, mail-bombing the Services, or scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; or  

13.4.6 publish or post any material that is offensive to a reasonable person (as determined by Quotograph in its sole discretion) or in breach of any applicable laws. 

13.4.7 Upload files and/or data in excess of any prescribed upload limits. 

13.5 To the extent permitted by law, we will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately. 

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   14. LINKING TO US 

Subject to us providing our prior written consent, you may link to our Services provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.  

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   15. THIRD-PARTY LINKS AND RESOURCES 

15.1 The links from the Services may take you to other sites or services and you acknowledge and agree that Quotograph has no responsibility for the accuracy or availability of any information provided by third parties’ services and websites. 

15.2 Links to other websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising, or other materials made available by such third parties and your access to such websites and services will be subject to their terms and conditions. Quotograph has no responsibility for the accuracy of any information made available through such websites or services. 

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   16. SEVERANCE 

The illegality, invalidity, or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity, or enforceability under the laws of any other jurisdiction nor the legality, validity, or enforceability of any other provision. 

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   17. SEVERAL USERS 

If there are two or more persons adhering to these Terms as users, their liability under the Terms is joint and several and their rights are joint. 

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   18. WAIVER 

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law will constitute a waiver of that or any other right or remedy, nor will it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.  

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   19. TERMINATION 

 19.1 These Terms of Service will continue to apply until terminated by either you or us as follows: 

19.1.1 You may end your agreement with us at any time for any reason by deactivating your Accounts and discontinuing your use of the Services. You do not need to specifically inform us when you stop using the Services. 

19.1.2 We may suspend or terminate your Accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have materially violated these Terms, the Privacy Policy or other another other policy; or (ii) you create risk of possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.  

19.2 In all such cases, any provision of these Terms of Service that expressly or by implication is intended to come into or continue in force on or after termination of this agreement will remain in full force and effect. 

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   20. FORCE MAJEURE 

20.1 No party will be in breach of these Terms of Service nor liable for delay in performing, or failure to perform, any of its obligations under these Terms of Service if such delay or failure result from events, circumstances, or causes beyond its reasonable control. In such circumstances, the affected party will be entitled to a reasonable extension of the time for performing such obligations.  

20.2 The affected party will use all reasonable endeavours to mitigate the effect of a force majeure event on the performance of its obligations. 

20.3 A force majeure event will include such events as an act of God, fire, flood, typhoon, storm, war, riot, civil unrest, act of terrorism, strikes, industrial disputes, outbreak of epidemic or pandemic illness, failure of utility service or transportation, request from a government, change of laws or regulations, or interference from civil or military authorities. 

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   21. ASSIGNMENT 

Quotograph may assign these Terms of Service, in whole or in part, to any party without giving you prior notice and without your consent. You may not assign any right under these Terms except with, and in strict compliance with any conditions of, the prior written consent of Quotograph. 

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   22. GOVERNING LAW AND JURISDICTION 

This Agreement and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws of Ontario. In relation to such matters, each party irrevocably accepts the non-exclusive jurisdiction of the courts of Ontario and waives any right to object to the venue on any ground.  

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   23. DISPUTE RESOLUTION AS BETWEEN YOU AND QUOTOGRAPH 

23.1 Each of the parties will use their reasonable endeavours to cooperatively resolve any dispute arising in connection with the subject matter of these Terms (“Dispute”). 

23.2 The Dispute must be referred by notice in writing by either party to the other party for resolution. Such notice must give full particulars of the Dispute. 

23.3 Following notice of a Dispute being given, a representative of Quotograph will be made available to meet with you to attempt to resolve the Dispute. 

23.4 If a Dispute is not resolved within 60 Business Days, the parties may exercise their legal rights, including by commencing proceedings. 

23.5 Nothing in this clause prevents or restricts a party from instituting proceedings to seek injunctive or declaratory relief (including in circumstances where the requirements in this clause have not been complied with). 

23.6 The parties acknowledge and agree that, subject to an order made by a Court, each party must bear its own costs in relation to any disputes. 

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   24. LANGUAGES 

The parties hereto have expressly required that this agreement and all documents and notices ‎relating thereto be drafted in the English language. Les parties aux présentes ont ‎expressément exigé que la présente convention et tous les autres documents ou ‎avis qui y sont afférents soi ent rédigés en langue anglais.‎ In case of discrepancies between the English version and any other language versions of these Terms of Service and contents of our website, the English version will prevail. 

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   25. PARTIES BOUND 

These Terms of Service will be effective and binding upon you and your heirs, next of kin, executors, administrators, assigns and representatives, in the event of your death or incapacity; 

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   26. CONTACT 

If you encounter any problem using our Services, or have questions about these Terms of Services, please contact us at: 

Company: Quotograph, Inc. 

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Effective from February 12, 2025 

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