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Terms and conditions of use

Edigo Inc. (Edigo) allows the creation, sharing, sale, purchase and adaptation of personalized and original works. Edigo provides all visitors to the Platform with media content and tools to facilitate the creation of such works. Access to this Media Content varies depending on the type of subscription chosen by the User.

Definitions

Conditional access to the acceptance of the conditions of use

Edigo grants the right to access and use the Edigo Platform to the User who accepts all the provisions, rules and conditions of these Terms of Use. If, for any reason, the User disagrees with these provisions and does not accept these Terms of Use and other documents on the Edigo Platform, he/she must cease using the Platform or any function governed by the terms and conditions of these Terms of Use, he/she must no longer access the Platform and use its resources. By using the Platform and its functions, the User implicitly accepts all the provisions of these Terms of Use.

Edigo reserves the right to make changes, additions, corrections and editions to these Terms of Use, in whole or in part, at any time. Such changes shall take effect from the moment they are published on the Platform. The fact that the User continues to use the Platform after such modifications are in effect means that he/she accepts them. If, at any time, the User is unable or no longer able to comply with the rules and conditions set out herein, he/she must immediately cease using the Platform and its content.

The User further agrees that these Terms and Conditions are the complete and exclusive statement of the agreement between the User and Edigo, which supersedes any prior proposal or agreement, oral or written, and any other communication between the User and Edigo relating to the subject matter of these Terms of Use.

By accepting these Terms of Use, the User also acknowledges that he or she has read and understood Edigo's Privacy Policy and accepts all the terms and conditions set out in these documents.

Eligibility

The User must be 18 years of age or older to open an Edigo account and use the Platform. If a person under the age of 18 wishes to use the Platform, he or she must be directly supervised by a parent or responsible adult with an Edigo account who accepts the terms of this Agreement and assumes all the responsibilities associated with it. Any use of the Platform by a person under 18 years of age without direct supervision is strictly prohibited and will be considered a violation of these Terms of Use.

The User confirms and warrants that he/she has reached the age of 18 years, that he/she has all the rights required for the use of the Platform and that he/she can be held liable for any damage that may result from the use of the Platform. The User undertakes to assume full responsibility for the use of the Platform as a Primary User or as a User supervising a minor under 18 years of age, as well as for the use of his/her user name, email address and password by third parties.

Edigo account

Opening an Edigo account gives access to the services and functions of the Platform that will be maintained and evolve over time. The information provided when creating an account must be complete and true.

The User is fully responsible for his/her account and the activity associated with it. The information used to access the Edigo account, such as the User's username, email address and password, is confidential information. It is recommended to choose a unique and strong password.

The User is not authorized to disclose this information to anyone and cannot give access to his/her account to a third party. No User can use another User's account without Edigo's written permission. The User is responsible for notifying Edigo if he/she believes he/she has been the victim of identity theft or the use of his/her account by a third party. Edigo cannot be held liable for damage caused by unauthorized use of a User account.

Prohibited uses

The User agrees that the Platform will not be used for any illegal or unauthorized purpose, including but not limited to:

Platform management

Edigo does not control uploaded or transferred files and information exchanges made through the Edigo Platform. The User agrees that Edigo and its affiliates shall not be liable for any damages resulting from such actions or Edigo's actions, errors or omissions relating to any conduct, communication, display or publication on the Platform.

Edigo reserves the right to move, delete, refuse to publish or edit any content that does not comply with these terms and conditions without notice or delay for any reason whatsoever.

Edigo respects intellectual property rights. Users undertake to respect the latter. If any person believes that their copyright has been infringed directly or indirectly by a publication on Edigo, they must formally notify Edigo in writing and demonstrate the infringement by following the procedure described in these Terms of Use. Edigo cannot guarantee beyond a doubt that it holds the rights associated with the Media Content available on the Platform.

The Edigo Platform will be maintained, renewed and updated regularly. Edigo may add, modify or delete content or services at any time without prior notice.

Edigo's services and content are provided without warranty of any kind. In this respect, Edigo does not offer any guarantee, namely on the following objects:

Edigo strongly recommends the use of antivirus software or any other protective software when interacting with any website.

Limitation of liability

Any content downloaded or obtained on or through the edigo platform is downloaded at your own risk and you will be solely responsible for any damage caused to your computer system or mobile device or loss of data resulting from such download or use of the edigo platform.

Links

The Edigo Platform may contain various links to websites, advertisers, services, special offers and events that are not controlled by Edigo. Edigo does not endorse and assumes no responsibility for these other entities or for the information, materials, products and services associated with them. If you use these links from the Edigo Platform, you do so at your own risk, and you understand that these Terms of Use and Edigo's Privacy Policy do not apply in this case. You expressly release Edigo from any liability arising from such use and you agree that Edigo shall not be liable for any loss or damage resulting from such use.

Indemnity

By accepting these Terms of Use or using the Edigo Platform, you agree to defend and hold Edigo and its subsidiaries, agents, licensees, managers and other affiliates, as well as their employees, subcontractors, agents, officers and directors, harmless from any liability or damage in any claim or action resulting or arising directly or indirectly from:

Edigo reserves the right to assume control and defense of any matter or to request the User to assume responsibility for compensation or indemnification. In this case, the User undertakes to reimburse Edigo for the costs incurred and to cooperate with Edigo's defence.

Edigo licenses and media content

General provisions

Subject to the following and upon full and timely payment of the prescribed amounts, Edigo grants to the User subscribed or benefiting from the advantages of the free subscription formula a non-exclusive, perpetual, international, non-transferable personal and commercial use license without the possibility of sublicensing the Media Content incorporated in the Projects that the User has created as part of the authorized uses, but does not grant any copyright or other intellectual property rights to such Media Content. All copyright and/or other intellectual property rights in the Media Content incorporated in the Projects belong to and remain the property of Edigo or their respective contributor or owner.

Edigo allows the User to create Projects with Edigo Media Content, with resources and functions made available to them on Edigo and with content uploaded manually by the User. The Media Content made available to the User may only be used to design Projects on Edigo.

The User undertakes to create original and personalized content if he/she uses the templates made available on the Edigo Platform. These customized and original Projects created with the Edigo Platform can be used for personal or commercial use. The User can share or sell his/her personalized and original Projects free of charge in the Edigo Store, on his/her own website, on social networks or on another Platform for sharing and selling similar material. It is strictly forbidden to share or sell an Edigo model that has not been customized by the User.

The Created Projects may be downloaded by the User if he/she owns all the copyrights and other intellectual property rights, if applicable, associated with the content and goods incorporated in the product or if he/she holds the rights of use.

Licenses to use Media Content

Fees for the use of Edigo's media content must be paid by the User in accordance with the amounts prescribed on the Platform. The rights granted by the user license are non-exclusive and grant the User the possibility to integrate Edigo Media Content into an unlimited number of Projects on the Edigo Platform if the User pays the fees associated with a subscription entitling him to unlimited use of the Media Content.

All copyright and other intellectual property rights in the Edigo Media Content incorporated in the Projects created by the User in any form belong to Edigo or their respective contributor or owner.

The user's content

Edigo allows Users to publish content including, but not limited to, illustrations, photographs, fonts, educational content, user profile information, comments or questions. The User remains the owner of the content that he or she has published, with the exception of the Media Content and resources, in all their forms, made available by Edigo. The User is responsible for ensuring that its content does not infringe the rights of any third party, including but not limited to intellectual property rights.

Copyright

To publish in the Edigo Store, the User must ensure that he/she owns all copyright associated with the content and goods incorporated in the product except for the use of the Edigo Media Content and resources. The User understands that if he/she does not hold these copyrights, for example if they belong to his/her employer or if he/she has not acquired a license to use one or more elements integrated into the Project, it is strictly prohibited to publish his/her Project in the Edigo Shop. Edigo reserves the right, at its sole discretion, to suspend, restrict or terminate access to the Platform to Users who may infringe the intellectual property rights of third parties. The User is responsible for all the content published on his/her account. Edigo cannot be held liable for any damage caused by an infringement of third parties' intellectual property rights.

By publishing any content in the Edigo Store, the User agrees to waive part of his/her moral rights in the work, more specifically the right to integrity. Thus, the buyer will have the possibility to modify the purchased content via the Edigo Platform while respecting the creator's intellectual property rights.

Edigo store

The Edigo Store allows a User who has subscribed or who benefits from the advantages of the free formula to offer for sale to visitors to the Edigo Store or to other Users, the Projects that he or she has carried out with the Edigo Platform in accordance with these Terms of Use.

The role of Edigo and the Edigo Store is limited to acting as an intermediary between buyers and sellers. Edigo does not intervene in transactions between buyers and sellers. The latter acknowledge and accept that they decide alone and at their own discretion to conclude a sale through the Edigo Store. Edigo has no control over the content of the products and cannot guarantee that they will satisfy the buyer. The buyer acknowledges that all sales are final and that no refund is possible.

The User acknowledges that all content available in the Edigo Store is protected by copyright and does not allow the User to acquire ownership rights to it. The User agrees not to publish, distribute, display or participate in the distribution or sale, create derivative works or otherwise exploit the content discovered or uploaded to Edigo in any way that infringes the creator's intellectual property rights. The modification of the content of works acquired in the Edigo shop is authorized only through the Edigo Platform. Any other modification of content is considered an infringement of intellectual property rights.

Conditions applicable to Sellers

Different subscription packages are presented and offered on the Platform. All subscription formulas allow the User to publish his/her creations, products or Projects made with Edigo for free or for sale in the Edigo Shop. The User who wishes to offer for sale on the Edigo Store his/her creations, products or Projects that he/she has realized on the Platform undertakes to pay Edigo the commissions and fees prescribed on the Platform.

Edigo collects fees and commissions at the time of each transaction. Edigo shall pay monthly, to the User/Seller, the proceeds of sales made in the previous month, less any fees and commissions paid to Edigo, to the extent that the amount due exceeds $50 CAD or 50 euros, as the case may be. If the amount due is less than $50 CAD or 50 euros, Edigo reserves the right to defer payment to the next month or when the balance has reached $50 CAD or 50 euros. Payments are made monthly, within 21 days of the end of the previous month. Edigo reserves the right to delay payment for any reason whatsoever. Payments are made by PayPal for all Users. Edigo reserves the right to modify, remove or add one or more bank payment service providers. Edigo cannot be held responsible for late payments caused by these suppliers. The User/Seller is responsible for opening his/her PayPal account and must ensure that it is fully functional before publishing his/her material in the Edigo store.

Edigo reserves the right, without compensation, to change its policy regarding the sale of products on the Edigo Store without prior notice. If the User/Seller does not accept the new conditions, he/she is free to remove his/her products from the Edigo Shop to no longer sell his/her products, creations and Projects. The User/Seller accepts and acknowledges that he/she is responsible for removing his/her products from the Store if he/she wishes to cease his/her sharing and selling activities. Edigo undertakes to pay the amount due to the User/Seller within 21 days of the end of the month.

If the User/Seller is in breach of these Terms of Use, Edigo reserves the right, without compensation, to withhold amounts that would otherwise be due to the Seller and keep such amounts permanently or to use such amounts to refund purchasers who have purchased the products from the User/Seller.

Users/Sellers are responsible for setting the price of their products which are not free, provided that this price is not lower than the minimum price set by Edigo. Edigo reserves the right to establish a minimum price to reflect the fees payable in transactions and to change this minimum price at any time at its sole discretion.

By registering a product for sale, the User/Seller represents and warrants to potential Buyers that he/she has the right and ability to sell the product, that the description is accurate, precise, up-to-date, complete, not misleading and that he/she has properly classified his/her product. Seller represents and warrants that the product and its use will not infringe any right, including but not limited to copyright or other intellectual property rights of any third party.

Conditions applicable to Buyers

When a Purchaser purchases a product, he/she is solely responsible for verifying, validating and correcting, as the case may be, the details of his/her order and the payment method chosen before confirming his/her order and proceeding to the purchase.

The Purchaser who purchases a product can download the purchased documents from his/her Edigo account as long as they are available for sale on Edigo. Edigo recommends that buyers download and save each of their purchases to avoid any loss of purchased documents.

The Purchaser undertakes not to share his/her purchases with any person unless he/she has purchased additional copies for them. It is strictly forbidden to distribute or distribute products that are free or purchased in the Edigo Store.

The Purchaser may use the Edigo Platform to make modifications to products purchased from the Edigo Store, solely for personal use, provided that he/she holds a subscription granting such right to a User.

The Purchaser understands that this right of modification does not give him/her any copyright or intellectual property rights over the documents, Media Content and files contained therein. The Buyer agrees never to delete, erase, cut or conceal in any way whatsoever the attributions of authors, labels, identifications or legal notices of any document or design acquired by him/her.

It is strictly prohibited to copy, distribute or take part in the distribution or sale, to create derivative works or to exploit in any way the purchased and adapted work.

Delivery

The delivery of the equipment is made instantly after confirmation of payment. Documents purchased in the Edigo Store are submitted electronically on the Purchaser's account in the Edigo Store.

Copyright infringement

Edigo respects intellectual property rights and expects each User to do the same. If any person considers that his or her intellectual property has been copied or infringed in any other way, he or she must send a written notice to Edigo containing the following information:

The written notice containing all the above information must be sent to Edigo by e-mail to support@edigo.io.

Retroactions

The user may at any time provide edigo with comments, suggestions or ideas, including ways to improve the resources, features, products or media content offered on the edigo platform. By sending such a comment, idea or suggestion, the user agrees that it has been graciously shared without edigo’s request he/sheand agrees to have done so without any restriction or obligation from edigo. The user also agrees that he/she assigns his/her copyrights associated with it to edigo. Edigo is free to use the comment, suggestion or idea without any compensation of any kind or to forward the comments, suggestions or ideas to persons of its choice.

Payments

Some products and services available on the edigo platform are not free. If you choose to use these, you agree to pay the price indicated on the platform. Edigo reserves the right to change prices at any time and at its sole discretion.

Termination and refund

Any account holder may cancel their account or subscription at any time. In the event of cancellation, edigo undertakes to reimburse the user for the costs incurred in proportion to the duration of the used services. For annual subscriptions, edigo reserves the right to demand from the user who terminates his/her subscription before the end of the subscription period an indemnity equivalent to the amount of the economic benefits to which he/she was entitled as a result of this subscription.

Account closure

In the event of closure of his or her account, the user confirms that he/she waives all credits remaining on his/her account and that he/she acknowledges and accepts that he/she will lose access to, including but not limited to, all documents created and purchased that were on his/her account at the time of closure.

Edigo may, at any time and for any reason whatsoever, close the accounts of any user.

Applicable law

This agreement shall be interpreted in accordance with the laws of the province of quebec, canada, and the courts of that province shall have jurisdiction to determine any dispute arising out of any provision of this agreement.

Autonomous provisions

Each of the provisions hereof forms a separate whole such that any decision by a court, including an arbitration tribunal, that any provision hereof is void or unenforceable shall not affect the validity or enforceability of the remaining provisions hereof.

Choice of court

The parties agree that any claim or demand concerning the application of this agreement shall be brought before the competent courts sitting in the province of quebec, in the judicial district of bedford, and the parties elect domicile in that district for the purposes of any dispute with respect to this agreement.