Terms of Service

Terms of Service  

Thank you for using CodeSpices! CodeSpices Inc. (“we” or “us”) provides services through our websites (https://immiboard.com, https://codespices.com) and our web application (https://app.immiboard.com) (collectively, the “Sites”) to you (“you” or “user”). 

A. YOUR REGISTRATION OBLIGATIONS 

To obtain and use the Services, you must register with the Sites by completing a registration form and designating a user ID and password. By registering with the Sites, you agree to: 

(a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and 

(b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of your account and password and are fully responsible for all activities that occur under your account. You agree to immediately notify support@codespices.com of any unauthorized use of the account or any other breach of security. We shall and will not be liable for any loss or damage arising from any unauthorized use of your account.

B. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION 

By registering with the Sites, you understand and consent to receiving communications or data regarding the Services, including but not limited to: 

(a) notices about your use of the Services, including any notices concerning violations of any kind; 

(b) updates; and 

(c) promotional information and materials regarding our products and services. 

We allow you to opt out of receiving electronic mail from us by following the opt-out instructions provided in the messages received.

C. USER CONDUCT 

Unauthorized use of the Services is expressly prohibited. This includes, but is not limited to: 

(a) The resale of the Services without our prior written consent. 

(b) Copying, selling, transferring, distributing, publishing, or assigning your license to the Services in any format to any third party. 

(c) Using the Services in any way that violates applicable federal, provincial, or international law, or for any unlawful purpose. 

(d) Using the Services to send, receive, or download messages or materials that are inappropriate or violate our intellectual property rights or others. 

Any violation of these terms may result in the immediate suspension or termination of your account, as well as legal action. We reserve the right to investigate any suspected violations and to take appropriate action, including cooperating with law enforcement agencies in the investigation of any suspected criminal activity. 

The Services may provide you with the ability to store and exchange information, materials, data, forms, and files (collectively, the "User Content"). By providing any User Content, you represent and warrant that you have all necessary rights in and to such User Content and that all information contained therein is accurate and truthful. You acknowledge and agree that you are solely responsible for all User Content that you provide, and that you will not upload, post, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. We do not claim ownership of any User Content that you provide. You retain all ownership rights to your User Content, and are solely responsible for its accuracy and legality. We do not review User Content and we are not responsible for the accuracy, completeness, appropriateness, or legality of any User Content provided by users. You agree that we may, at any time and without notice, remove or disable access to any User Content for any reason, including any User Content that we believe, in our sole discretion, violates these Terms of Service or is otherwise harmful to the Sites or our users. 

We reserve the right to determine, at our sole discretion, whether any user conduct violates any of our guidelines or our Terms, and to take appropriate action, including but not limited to, terminating user access to and use of the Site and Services, and reporting you to the appropriate authorities. We may also take appropriate legal action against you, and you agree to indemnify us and hold us harmless for any damages or losses arising out of your violation of these guidelines or our Terms. 

By using the Site and Services, you acknowledge and agree that you are solely responsible for your conduct and any User Content that you provide or transmit. You further acknowledge and agree that we have no responsibility or liability for the deletion or failure to store any User Content or other communications maintained or transmitted by the Site and Services. We retain the right to create limits on use and storage at our sole discretion at any time without prior notice. 

We reserve the right to make judgments on the applicability of our Terms and any guidelines at our sole discretion. We also reserve the right to take appropriate action in response to notifications that do not conform to these Terms. However, please note that our actions or inactions in a particular instance will not dictate or limit our response to future complaints. 

You acknowledge and agree that we will not assume any liability for any action or inaction with respect to any User Content or use of the Services. It is the responsibility of each user to ensure that they are complying with our guidelines and that any material or information transmitted to other users is appropriate for interaction with them. We value your participation in our platform and trust that you will maintain a high level of conduct and responsibility while using the Services. 

We are constantly modifying and improving the Services. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback or comments regarding the Services, you grant us the right to use such feedback or comments for any purpose without restriction or payment to you.

D. INTELLECTUAL PROPERTY RIGHTS AND NOTICES 

We take great pride in our innovative services and engaging content. By accessing the Sites, you acknowledge and agree that all proprietary rights, titles, and interests, including copyright and all other intellectual property rights, in and to our Services and content remain the sole and exclusive property of codespices.com and/or its licensors. Our content is carefully curated and developed, making it a valuable asset that we protect with the utmost care. Unauthorized reproduction, modification, distribution, performance, or display of our content, in whole or in part, is strictly prohibited. This includes creating derivative works from our content, displaying it on third-party websites or networks, or distributing it to any third party without our express prior written consent. 

codespices.com and the immiboard.com logo are without limitation, either trademarks, service marks, or registered trademarks of ours, and may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of our suppliers or licensors. We value the intellectual property rights of our clients and respect the trademarks and service marks of other products and company names that may be featured on the Sites. We may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Sites that are part of the Services. Please note that, unless we have expressly granted you a license to our intellectual property in these terms and conditions, our providing you with access to our web pages does not give you any license to our intellectual property. We reserve all rights not expressly granted herein, ensuring that our exceptional services and trademarks remain exclusively ours. 

We take our responsibility to protect our intellectual property seriously, and we will take all necessary legal action to enforce our rights. By using our Services, you agree to respect our intellectual proprietary rights and to comply with all applicable laws and regulations.

E. SECURITY 

We encrypt the data that you store on the Sites using the AES-256 standard. We use Microsoft Azure for data storage. You can find more information about Microsoft Azure's security at: https://learn.microsoft.com/en-us/azure/storage/common/infrastructure-encryption-enable?tabs=portal

F. PRIVACY 

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. 

G. WARRANTIES 

The services are provided "As is" and "As available." we disclaim all representations, conditions, and warranties, express, legal, implied, or statutory, including the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. In addition, we make no representation, warranty, conditions, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services, any services provided by third-party providers, or services requested through the use of the services from us, or that the services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety, or ability of third-party providers. You agree that the entire risk arising out of your use of the services, any services provided by third-party providers, or any products requested by you or delivered to you, remains solely with you. The services and sites are subject to periodic changes, which may be made at any time and without notice to you. 

We do not guarantee that the services, sites, and any software will operate without errors or that the services and sites are free of computer viruses or other malware. You agree that we will not be responsible for any economic costs relating to your use of the services or sites. 

You agree that neither we nor our subsidiaries, affiliates, licensors, or suppliers are responsible for the fitness or conduct of any third-party provider or for any services provided by any third-party provider. Neither we nor our subsidiaries, affiliates, licensors, or suppliers will be liable for any claim, injury or damage arising in connection with the acts or omissions of any third-party provider.

If you have a dispute with one or more third-party providers, you agree to release us (including any of our subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

H. LIMITATIONS OF LIABILITY 

In no event shall we (including any of our subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the services, or these terms, however arising including negligence, even if we or our agents or representatives know or have been advised of the possibility of such damages. In no event shall we (including any of our subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, shareholders, partners, licensors, and suppliers) be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your use of the services, any services provided by third-party providers, or any products requested by you or delivered to you, even if we or our agents or representatives know or have been advised of the possibility of such damages. 

We, our subsidiaries, affiliates, partners, licensors, suppliers, and distributors will not be liable for aggregate liability for all claims relating to the services, any services provided by third-party providers, or any products requested by you or delivered to you for more than the greater of $100 or the amounts paid by you to us during the past one (1) month in connection with the services. 

I. INDEMNIFICATION 

You agree to defend, indemnify and hold harmless us and our officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from: (i) your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation; (ii) any third party’s access or use of the Services using your user account; or (iii) any dispute or issue between you and any third party, including without limitation any third-party service provider.

J. TERMINATION OF SERVICE 

You may terminate your account upon providing us with notice at any time. Upon termination by us or at your direction, you may request a backup of your data, which we will make available to you. A charge of CAD 250.00 will be applied to provide a backup to monthly subscribers. The backup fee is waived for annual subscribers. You must make such a request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON OUR SITES OR SYSTEMS MAY NOT BE RETRIEVED, and we shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

K. PAYMENT OF FEES; AUTOMATIC RENEWAL 

The fees applicable for the Services are available on the Sites and as published within the Services. We reserve the right to change the fees or applicable charges and to introduce new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us). Whether monthly, yearly, or otherwise, we will automatically renew the Services for the same term and will charge the user's credit card or PayPal account on the first day of the renewal term.  

If payment is not received by the end of the given 60-day period, your account will be frozen, and inaccessible, and all shared links shall be turned off until all outstanding payments have been processed by us. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, your account will be deactivated, and all files will no longer be retrievable.  

L. THIRD PARTY PRODUCTS AND CONTENT 

You agree that we do not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor do we assume responsibility for your interactions with any third-party provider. You further agree that we do not warrant or guarantee that any product information contained in the Services is accurate, complete, reliable, current, or error-free.

M. REFUND OF CHARGES 

All Services are prepaid for the period selected (monthly, yearly, or otherwise) and are NON-REFUNDABLE after the first 30 days of your initial subscription date. This includes accounts terminated prematurely in accordance with Section J. 

N. CHOICE OF LAW 

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario. Please note that your use of the Services may be subject to other local, provincial, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to your use of the Services resides in the courts of Ontario and you further agree and expressly consent to the exercise of the jurisdiction in the courts of Ontario in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

O. NOTICE 

You may notify us by e-mail at support@codespices.com.

P. OTHER TERMS 

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

Q. NO WAIVER 

Our failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

R. CHANGES 

We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services. 

If you have any questions about this policy, please contact us at support@codespices.com.